I had a root canal & the file was left in the canal.I was never told until I went back in severe pain. Should I have been told

Hell yes you should have been told. They should never have let you leave the operating theater with a piece of equipment left in your body. I recommend that you contact your county's trial lawyers association (it might be called XYZ County Justice Association - this is NOT the local bar assn) or visit www.justice.org to find a medical/dental negligence attorney near you to look into this further. This behaviour sure sounds like it was below the standard of care.

I am not licensed in PA, but can offer you some general advice. I would hope that the provider did not realize that a portion of the file broke off. I do not believe that it is the standard of care to look for a broken file by taking xrays post root canal. (For example, it is the standard of care following a surgery to do a sponge count and if the count is off then to do an xray). Further, you should look to your consent form to see if they have listed a broken file as a risk of the procedure. Although it is probably rare, it may be a risk or known complication that can occur even in the absence of negligence.

You will have to prove through the testimony of another dentist that a deviation from the standard of care happened which caused you significant permanent damages.

Betsey Herd
Tampa, Florida

As I am licensed in Florida and Vermont, I cannot comment specifically on Pennsylvania law. However, generally, your question presupposes that the dentist knew that the file had been broken and that the piece was lodged in your tooth. It is possible that the dentist was not aware that this had happened.

In order to pursue a medical malpractice claim against the dentist, you would need to obtain the opinion of another dentist who could testify that your dentist's performance fell below the accepted standard of care for dentists in your community. Unfortunately, what you described may not be a breach of the standard of care and it would probably cost you a few thousand dollars to obtain the opinion of an expert dentist. You may find that the costs of pursuing this type of claim are prohibitive. However, I would recommend that you consult with a personal injury attorney in your area who may have a different opinion. Personal injury attorneys generally will provide you with a free initial consultation, so I urge you to take advantage of any opportunity you may find to further explore this matter.