Legal Question in Medical Malpractice in California

should I be paying for removal of dental file left in gum

I had some dental work done which included a root canal. One of the files used in the root canal broke off in my gum, (it's lodged in my jawbone). The dentist informed me of this at the time and did not offer to remove it, this was Tuesday. I had to go to the emergency room on the Saturday morning as it hurt so much. I called the dentist and we met at his practice on the Saturday afternoon. He told me he was going to refer me to a specialist. So on the Monday I was told by the specialist that it would cost me $1250.00 for him to remove the file. The specialist couldn't remove all the file and told me I would require surgery. He said he would give me a ''big break'' on the cost. Now here's my problem, I don't see why I should be paying to have this removed. Should the dentist be paying? I've sent him a letter asking him to pay for the surgery, as the file is in my gum due to his mistake. I have heard nothing from his office. Can I sue him if he refuses to pay for the removal of the file?


Asked on 2/15/06, 11:11 pm

3 Answers from Attorneys

Michael M. Marzban, Esq. Bob M. Cohen & Associates

Re: should I be paying for removal of dental file left in gum

I have never heard of such a thing. A dentist left a file in your gums and now refuses to take it out???????? If you haven't already received adequate help. Give me a call and if I can't take your case, my office can refer you to one of the top medical malpractice lawyers in California who just may be able to help you out.

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Answered on 3/10/06, 11:41 am
Terry A. Nelson Nelson & Lawless

Re: should I be paying for removal of dental file left in gum

You may have to pay now, but he'll have to pay later. What you described is minor medical negligence, but now compounded by the failurae and refusal to make it right. Feel free to contact me to discuss your rights and remedies. The sooner you take action, the sooner your bills and your pain and suffering will be paid for.

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Answered on 2/17/06, 4:08 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: should I be paying for removal of dental file left in gum

The dentist was extremely foolish in not offering to pay to have the tool fragment removed from your gum. You have a slam dunk lawsuit worth far more than $1250. But make sure that before you have the thing removed, you get your own x-ray of it (his will disappear) from a dentist specially retained by you as an expert witness. The lawyer you retain right away will help you do this.

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Answered on 2/18/06, 12:39 pm


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