While the initial indication is that the dentist did commit malpractice by leaving a screw in your gums, and you did get an infection that made you ill for a week, and lost time from work, and it is presumed that this constituted the extent of the adverse affect you had due to the dentist's malpractice, the sad reality is that dental malpractice cases are very expensive to litigate and it would cost you more to prosecute than you could hope to obtain in compensation for your [limited] pain and suffering. You can consult a medmal attorney, which will be provided free of charge, but you might have a dfficult time finding one who will take on the case. Good Luck.
Consult a deinstalled malpractice attorney to review your records and advise you if you have a valid claim.
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You may have a case. The damages are on the light end for a malpractice. Consult with a local dental malpractice lawyer for advice.
If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.
Only a tiny handful of lawyers handle dental malpractice claims, as there isn't much money in these cases, so you should Google "dental malpractice lawyer" to find a lawyer who review the case.
It seems that you have had repairs done and the drill bit removed and is in your possession. Secure that piece of evidence. File a complaint with the Office of the Professions in NY: http://www.op.nysed.gov/prof/dent/dentcontact.htm. They do an investigation. They will probably find the dentist at fault. Your attorney may then capitalize on that in trying to obtain a settlement for you based upon that investigation. You have a 2 1/2 year statute of limitations to file suit from the date of the wrongdoing.
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An infection and a week of lost work is just not enough of an injury to litigate a malpractice case over. This is unfortunate and clearly a departure from acceptable standards of dental care but the damages just don't rise to the level of litigation.
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