We hope you enjoy this humorous tale!
A dentist had a very large patient with a history of becoming quite agitated when the dentist suggested gas to anesthetize pain. Prior to this particular appointment, the patient had gained even more weight and would not fit in the dental chair. There were restraining straps available to the dentist, but the patient’s large posterior prevented their use – the importance of which will soon become clear. After shoving and pushing for a time, the dentist gave up in frustration and without further explanation slapped the gas mask firmly on the patient’s face. The patient’s arms were flailing around just as he was succumbing to the gas and he grabbed a part of the dentist’s anatomy in a death grip just as he passed out. In excruciating pain, the dentist tried everything to break his grip. Ultimately, he did break the grip and one of the patient’s fingers as well.
To make a much longer story short, the patient sued the dentist for dental malpractice, including his medical bills and pain and suffering as damages. The court said the dentist’s failure to properly restrain the patient’s arms was the direct cause for damages and the dentist could not use the patient’s large size as a defense. The court found for the plaintiff.
Insurance coverage: Dental Malpractice Professional Liability Coverage (E & O). Claim covered? Yes. Our claim? No. This is an actual claim from the malpractice archives: Lipschitz Versus Lapchick.