Family Files Medical Malpractice Lawsuit Against Dentist who Overdosed 3-Year-Old Daughter

On Monday, December 29th, the family of 3-year-old Finley Boyle filed a medical malpractice lawsuit against their daughter’s dentist for giving the little girl too much anesthetic, causing her to go into cardiac arrest, suffer severe brain damage, and die in hospice a month later.

In November, Ashley Boyle, Finley’s mother, took her daughter to Island Dentistry for Children on Kailua, Hawaii. The dentist told Ashley that her daughter, although only 3 years old, already needed 4 root canals. On December 3rd, Finley was brought in for the procedures and given a potent mix of sedatives, including Demerol, which is a fast-acting opioid analgesic. Then, rather than monitoring the girl’s vital signs, she was left unattended for 26 minutes. When Finley went into cardiac arrest, the medical malpractice lawsuit documents state that the dental practice was unprepared and Finley did not immediately receive CPR – instead, staff had to run down the hall to a neighboring pediatric practice to get help.

As a consequence of the drugs and delayed CPR, Finley suffered serious brain damage and was hospitalized for several weeks in a “persistent vegetative state.” At the end of December, she was moved to hospice care, as doctors no longer believed she would recover from her injuries. Finley Boyle passed away on January 3rd.

“We’re just shocked that these drugs, in these doses, in this combination, could be given to a child of this size,” The family’s attorney, Rick Fried, told Hawaii News Now regarding the medical malpractice lawsuit. Fried obtained dental records from the procedure showing that there were only three notations made regarding Finley’s vitals. He added that the entire incident could have been avoided if the staff had given the little girl proper anesthetic and carefully monitored her vital signs.

“As a direct and proximate result of the medications administered to (Finley) by defendants, (Finley) suffered cardiac arrest during her dental procedure,” the medical malpractice lawsuit states, resulting in “severe and permanent brain damage.”

Proving Medical Negligence in a Medical Malpractice Lawsuit

The first element that must be established in a South Carolina medical malpractice lawsuit is negligence.

A doctor is responsible for providing a standard of care equal to the doctor’s training and experience under a particular set of circumstances. The standard of care, however, changes depending on a number of factors specific to your situation. Although medical malpractice is really a form of negligence, it must be proven through the use of expert witnesses since the issues involved almost always require specialized knowledge and skills which are beyond those of the average lay juror.

The second element that must be established in a South Carolina medical malpractice lawsuit is proving causation.

Even if you prove that your doctor was negligent, (that the doctor’s conduct fell below the standard of care required under those circumstances), you must still prove that his or her ”departure from good and accepted medical care” caused the injury.

The Strom Law Firm Can Help those Injured with Medical Malpractice Lawsuits

If you or a loved one have been injured as a result of a medical mistake or medical malpractice contact a South Carolina Medical Malpractice Attorney at The Strom Law Firm, LLC today. We offer a no cost consultation to see how we can help. 803.252.4800