According to the Chronicle-Telegram a young girl that died during a dental surgery to remove baby teeth, is the subject of a wrongful death lawsuit naming her insurance company and her general dentist as responsible.
M.K., 13, died in 2011 following routine dental surgery. Her parents, A.M. and J.K., filed the lawsuit in Lorain County Common Pleas Court.
Named as defendants are Cigna Corp., Cigna Dental Health of Ohio Inc., Mercy Regional Medical Center, NES Healthcare Group and the child's general dentist, Dr. G.P.
On December 21, 2010 Dr. H.M., then 80 years-old, was removing two baby teeth when M.K., experiencing complications, had to be immediately taken to Mercy Regional Medical Center.
Once at the hospital M.K. "never regained consciousness" and died on January 3, 2011.
The family is holding the referring dentist, Dr. G.P., responsible for Dr. H.M.'s actions. The suit claims that both the medical center and Dr. G.P. "fell below the accepted standards of medical care" in treating M.K., and therefore caused her death.
The family's dental insurance provider, Cigna Corp., is named for its failure in ensuring that Dr. H.M. adhered to certain medical practices.
According to the Cuyahoga County coroner's officer, M.K. died as a result of complications associated with intravenous sedation during her oral surgery. Dr. H.M administered the sedation, including the deprivation of oxygen that damaged M.K.'s brain.
As Cigna advertises that their providers must meet "industry standards for quality medical care and dental care" the lawsuit names them as negligent in listing Dr. H.M. as a qualified contracted provider.
Allegedly Dr. G.P. referred M.K. to Dr. H.M. as he was the closest provider for the services she needed – and he was an approved Cigna Dental Plan oral surgeon. A choice beyond Dr. H.M., and still covered under their plan, would have forced them to drive an additional 20 or so miles to another county.
The family states that they were assured by Cigna's policies that choosing Dr. H.M. was safe as Cigna "advertised and promoted the fact that they did on site dental facility assessments of each network dentist's office to ensure it continued to meet Cigna's customer service and quality expectations."
According to the suit, "(Cigna) negligently breached its duty to exercise ordinary and reasonable care when making and/or controlling network provider decisions by allowing (Dr. H.M.) to continue in its approved network for treatment of pediatric dental surgical cases."
M.K.'s parents are seeking in excess of $25,000 for compensatory damages, further punitive damages and interest, costs and reasonable attorney fees. An earlier settlement, made with Dr. H.M.'s insurance company, awarded the couple almost $1 million in damages.
Dr. H.M. faced an wrongful death lawsuit in 1997 in regards to a 67 year-old woman that died during an extraction. In that case two other doctors testified that Dr. H.M. violated certain standards of care.
Dr. H.M. is now retired.
Loosing a loved one while under the care of a doctor or dentist may be grounds for a wrongful death lawsuit. Contact a personal injury lawyer near you right away to sue for your damages!