Patients place an enormous amount of trust in their medical providers’ expertise. You schedule an appointment for a specific procedure. You sign the intake paperwork. You expect the doctor to follow the plan you discussed. Then you submit yourself to their procedures. Most of the time, doctors honor this trust. But when a provider strays from the plan, the physical and emotional damages can be utterly catastrophic.
Our firm recently handled a complex dental malpractice case in Jefferson Circuit Court involving a serious violation of patient consent. Even worse, a sudden twist mid-litigation threatened to derail everything, including the patient’s recovery.
Pulling Teeth
Our client went to a local oral surgeon in the Louisville area for routine dental treatment. He had spoken with the dentist beforehand complaining about a few specific teeth that needed attention. What happened in the chair was a completely different operation than what he had walked in for.
The oral surgeon went well past the scope of the patient’s agreement by removing an entire row of the patient’s teeth. The immediate consequences transformed our client’s life. Losing a full arch of teeth alters not just how an individual speaks but how they eat and go about their day. Without consultation or consent, the dentist had radically complicated everyday life for our client who was forced to begin a painful path towards oral reconstruction and dental implants.
The harm didn’t end at the surgery. The severe alteration to his body created an immense amount of emotional strain. This tremendous struggle led our firm to bring a loss of consortium claim on behalf of his spouse as well.
At The Core Of Informed Consent
Kentucky law is explicit about patient autonomy. A healthcare provider cannot decide to expand a procedure on a whim. They do not get to make choices on your behalf while you are under anesthesia. Informed consent is far more than a formality hidden inside an intake form. It represents your fundamental right to know and approve every action taken on your body while you will be otherwise unable to stop it. When a medical provider exceeds the agreed scope, a signed form cannot excuse the violation.
During our investigation our team looked past the medical charts. We examined whether financial incentives played a role in this drastic choice. We read through billing, insurance reimbursements, and possible motives to try and learn the whole story. Discovery exists precisely for these difficult questions.
“Everyone Has A Plan Until They Get Punched In The Face”
As the old Mike Tyson saying proclaims, life is unpredictable. Just as our team prepared the case, an obstacle emerged. The defendant dentist passed away.
In a majority of legal disputes, the death of a sole defendant creates major complications. Insurance companies often try to use this event to avoid paying claims. They hope the procedural headache will force injured victims to merely drop the case. Our legal team refused to let the insurance carrier off of the hook.
We immediately took action under Kentucky probate law. We opened a probate estate for the deceased dentist. Next, we formally substituted the estate as the proper defendant in the active lawsuit. By taking these legal steps we kept the lawsuit alive. We forced the insurance company to remain accountable. Despite the defendant’s death, we ensured the carrier remained on the line to cover the injuries caused by the departed surgeon’s actions.
Through persistent litigation and documentation, our offices successfully brought the matter to a resolution. Despite the complex probate hurdles and the death of a defendant we negotiated a formal settlement agreement that fully satisfied our client.
What Every Patient Needs To Know
You have a right to understand your medical treatment. You have the right to give or withhold consent. Above all, you have the right to expect that your dentist will respect your decisions. If a dental or medical professional performed work you never approved, speak up.
These cases depend heavily on detailed records, precise timelines, and clear evidence of what was disclosed. Early review makes a tremendous difference in building strong cases. If you or a family member suffered harm from an unauthorized medical procedure, contact our office toady for a confidential consultation.
Feel free to call us at 502-771-0588 or email aaronkemper@lawhelplouisville.com.