[PA] What if novocaine doesn’t work during surgery?

Lexi, Chatbot

I'm sorry to hear about your experience. Can you please provide more details about what specifically happened in regards to dental malpractice?

Lexi, Chatbot

When did this incident occur?

Lexi, Chatbot

Is there anything else the employment lawyer should know before i connect you? rest assured they’ll be able to help with dental malpractice.

Jon

Hello and thank you for reaching out! I’m Jon, a licensed attorney with over 13 years of experience, and I’m here to help.

I know legal matters can feel overwhelming, but you're in good hands. I’ll do my best to make things clear and provide you with the guidance you need. Let’s work together to find the right solution for your situation.

What state did this occur in?

Jon

And you want to know if this is malpractice?

Jon

Understood! I think I have all the information I need, but is there anything else you'd like to add before I get started on your answer? If not, I'll start working on a response for you right away.

Jon

Got it. I just need a few minutes to finish typing out a complete response for you. It won’t take long.

Jon

If Novocain or another local anesthetic didn’t work properly and the oral surgeon went ahead with the dental procedure anyway, there’s a strong chance this could be considered dental malpractice.

That’s because every healthcare provider, including oral surgeons, has a legal and ethical responsibility to treat patients according to accepted medical standards — especially when it comes to managing pain.

A key part of safe and professional dental care is making sure the patient is adequately numb before doing anything invasive. If the anesthetic wasn’t effective and you were still in significant pain, the surgeon should have paused and reassessed.

There are valid medical reasons why anesthesia sometimes fails — like infections, anatomical differences, or “hot teeth” — but a skilled practitioner is expected to recognize those issues and take appropriate steps, such as adjusting the method or postponing the procedure.

Ignoring that and continuing despite your pain could be seen as a clear failure to meet the standard of care, also known as a breach of duty.

To legally qualify as malpractice, the surgeon’s actions must have directly caused harm. If you suffered intense pain during the procedure and that led to further complications — physical, emotional, or financial — that link between what happened and the consequences is called causation, and it’s a necessary element in building a case.

Jon

Informed consent is another major issue here. You have the right to be fully informed before any medical or dental treatment — including what to expect, possible risks, and options if something isn’t working (like the anesthesia).

If the surgeon didn’t stop, explain your options, or get your clear agreement to continue despite the pain, that could be a serious violation of your rights.

In some cases, performing a procedure without proper consent may even be considered battery.

If you’re considering pursuing legal action, it’s important to:

• Collect your dental records from that visit and any follow-ups.

• Write down everything you remember — dates, conversations, how much pain you were in, and what happened afterward.

• Talk to a dental malpractice attorney as soon as possible.

They can help determine whether you have a strong case, guide you through the process, and make sure you don’t miss any legal deadlines.

The fact that the procedure moved forward despite ineffective anesthesia is a serious red flag and could very well point to malpractice.

Jon

I just wanted to check in and see if you had any additional questions regarding the legal aspects of this issue. I'm here to help, so please feel free to reach out anytime with further inquiries. While I might not be available when you return, rest assured I'll respond as quickly as possible.

Jon

Since I haven’t heard back from you, I’ll go ahead and close this out for now.

However, if you have any additional details or feedback on my response later, I’d be more than happy to assist you further when you reply!

If you have any further questions or need assistance, please don’t hesitate to reach out — I’m always here and happy to help!

You can easily find me in the future by posting a new question with the title “For JKEsq” or adding me as a favorite expert on your “My Questions” page.

Wishing you a wonderful rest of your day!