Can I sue if I was never told that a file was left in my root during a root canal and now I have to have surgery as a result?

Asked almost 2 years ago - Richmond Hill, GA

After being stationed in Korea I was referred to an off base doctor for a root canal. They left a file in the tooth and I was never told. Just recently found out at an initial visit with my new dentist. Now I have to have surgery to remove the file and clean out all of the bacteria that got in the root due to the file being left in there. Should I try to get my insurance to go after the dentist to make them cover the expenses of the surgery?

Attorney answers (4)

  1. David Mark Kupsky

    Contributor Level 10

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    Answered . Assuming that there is no issue with the statute of limitations, you may have a valid albiet small claim. While the value of the claim may be low, if the facts demonstrate a clear deviation from the standard of care, the claim may be candidate for resolution short of litigation. You would be well advised to consult with a malpractice attorney before any more time passes.

  2. Jonathan P. Sexton

    Pro

    Contributor Level 12

    3

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    Answered . I assume that the dental work was done here in the US when the file was left in your tooth. Your insurance company probably will not "go after the dentist" as there is no claim for them to make. Malpractice cases are very expensive and based upon what you are describing, unless you have some type permanent serious injury as a result of the file being left in your tooth, it would probably not be productive for an attorney to pursue such a case.

    The above is just my opinion based upon the limited facts provided. It is not intended to be offered as legal... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . It is very likely that the cost of the case would exceed the recovery, but you might as well google "dental malpractice lawyer" and get a consultation. We don't handle these, sorry.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  4. Kenneth Lee LaBore

    Pro

    Contributor Level 15

    2

    Lawyers agree

    Answered . Depending on when you had this occur. There may be a statute of limitation on the claim and the cost of a medical malpractice case may exceed your recovery.

    AVVO DISCLAIMER I am licensed in Minnesota only and my answers on Avvo assume Minnesota law. The answers I... more

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