Regarding dentist surgery. My dentist lost a piece of tool in my teeth/gum while I was under local anesthesia for root canal treatment. The dentist was unable to get out the piece of metal. I received a free root canal, but had to pay for the anesthesia. The dentist referred me to a specialist to remove the piece of metal, which I will have to pay for. Is the dentist liable? Shouldn't he pay for the specialist that needs to remove what he did and for the anesthesia?
The Dentist should be paying for all of this. It is not your responsibility to pay for his mistakes.
Mr. Pascale is licensed to practice law in the State of New York. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and time-lines that, if known, could significantly change the reply and make it unsuitable. Mr. Pascale strongly advises the questioner to confer with an attorney in their state in order to insure proper advice is received.
Medical malpractice cases can be difficult. And remember, you're not entitled to a perfect outcome for every procedure. But you are entitled to a Doctor who meets the standards within the community. So, you'd need to get a Dentist to testify that the first Dentist failed to provide that level of care, which resulted in your injury, pain and suffering.
It's not clear why a piece of tool was missing, but if it was defective, there may be a claim against the maker of the tool.
Medical malpractice cases can be expensive, because of the cost of an expert witness in particular. And, if you fully recovered and sufferred temporary pain and discomfort, even if the Doctor was negligent, the costs of medical malpractice suits often exceed what you may recover.
You should however, confer with a lawyer who has experience in dental malpractice and review this case in more depth.
Med mal cases cost a fortune to run and you need a pretty serious injury to justify the costs, but contact a local med mal lawyer today for a free consultation.
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