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.
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 advice nor is it intended to establish an attorney client relationship. You should seek a consultation either in person or over the phone to discuss any legal issue that you may have raised.
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 provide are for general information only and are NOT INTENDED AS LEGAL ADVICE and therefore must not be relied upon. Legal advice must be based on the interaction between an attorney and client and specific exact facts and the law. I do not retain clients without a signed RETAINER AGREEMENT. The Avvo forum does not allow for the discussion and the interaction necessary to form a complete legal analysis. Therefore the answers given to any specific question would most likely be different if there was attorney-client interaction. The exchange of information through this forum does not establish such an attorney client relationship. An attorney-client relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged nor are they confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and statutory time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in the answers to any question, if you are an interested party you should promptly and personally consult with an qualified attorney for legal advice licensed in the proper jurisdiction. Finally, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.
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
A roundup of the best tips and legal advice.