Question
Carter is a partner in a medical practise of dentists, oral surgeons, and other medical specialists. One of his patients, Bella, has a severely cracked
Carter is a partner in a medical practise of dentists, oral surgeons, and other medical specialists. One of his patients, Bella, has a severely cracked tooth that cannot be restored. Carter advises Bella that she must have that tooth removed, and an implant put in. Bella is not thrilled about the idea of having the tooth removed, but decides to follow the dentist's advice. During the extraction and implant procedure, Carter uses a screw that snaps and Bella loses feeling in the left side of her face. Carter was aware that there was a very small chance of facial paralysis after the surgery, but did not inform Bella of the risk, as it was quite rare. Bella is now very unhappy with her inability to feel or move the left side of her face, and she feels that Carter is responsible for not letting her know of the risk of the operation. It turns out that the screw that snapped was poorly manufactured.
Advise Bella whether Carter caused her injury.
(PLEASE DO NOT DISCUSS OTHER ELEMENTS OF NEGLIGENCE - ONLY DISCUSS CAUSATION (DO NOT DISCUSS SCOPE OF LIABILITY.)
Please use case law and/or statute to support your answer.
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