The Dentist
The Court Jester presents a real judge-written court opinion selected and edited by Colorado real estate and business attorney Diane Wolfson.
This 1936 New York state court case illustrates a little known risk of being a dentist who uses nitrous oxide.
Charlotte Wolfe sued Dr. Max H. Feldman, a dentist, for injuries suffered while she was under the influence of nitrous oxide. The facts are as follows.
Anesthetic gas was administered. When plaintiff regained consciousness she felt pain in the little finger of her right hand. She telephoned the defendant [dentist] about it later that day and went to see him the following morning. At that time defendant identified her as the woman A who yesterday went under gas and caught hold of my leg and I had to use all my strength to get the hand off.
The defendant sent her to a friend of his, a bone specialist, who treated her for a fracture of the finger, but when it did not improve plaintiff went to her own doctor.
“… despite the limited movement of the strapped wrist, clutched his testicles with a painful grip …”
Defendant’s story is that plaintiff was strapped to the operating chair; that a short time later, after plaintiff was in the excitement stage of nitrous oxide anesthesia and as he moved closer to the chair to adjust the suction aspirator, plaintiff, despite the limited movement of the strapped wrist, clutched his testicles with a painful grip, which required the use of great force to release.
Thereafter he proceeded with the operation and when the patient had recovered from the anesthetic she complained of pain in the right little finger.
The court finds defendant negligent. We do not believe the defendant=s testimony that he used proper methods to control the patient’s actions once she was under the effects of nitrous oxide, such as straps applied to the chest, legs, and wrists. The court awards plaintiff $500 and her husband $150.
This case was selected and edited by Diane Wolfson, the managing partner of Sphere Law Firm. She is a Colorado attorney specializing in real estate, business and litigation.