QUESTION
How can I prove my dentist caused damages while working on me?
Asked on Jul 25th, 2011 on Personal Injury - New York
More details to this question:
During the removal of my wisdom teeth a student dentist broke an instrument off in my gum and now the piece does not show on x rays. Should I worry that it will show up some place later and cause problems?
11 ANSWERS
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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I don't know. You would have to ask a dentist that question.
Answered on Jul 28th, 2011 at 12:56 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If the piece broke off inside your jaw the xray should show it. I do not think a piece of metal can move around the body If you have doubts, have another xray done. Equipment breaks often. That is not necessarily negligence.
Answered on Jul 27th, 2011 at 2:34 PM
Workers Compensation Attorney serving West Palm Beach, FL
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Go to another dentist and see if they find anything wrong. You likely won't have a medical malpractice case as there will not be enough damages
Answered on Jul 27th, 2011 at 9:43 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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If it does not show on an x-ray then it almost certainly is not there. You could always go to a second dentist go repeat x-rays to confirm.
Answered on Jul 27th, 2011 at 9:00 AM
Bad Faith Attorney serving Orlando, FL
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Riley Allen Law
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If it does not show up now, it's not likely to magically show up later. I would not as a specialist in this area take this case.
Answered on Jul 27th, 2011 at 6:10 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Every personal injury case has two main components: (1) liability and (2) damages. While the student dentist may have committed an error while working on you, the question is what are your damages? If nothing shows up on x-rays and theres no other evidence of injury, there are no damages and thus no case. If at some point down the road the piece of metal shows up elsewhere in your body, then the statute of limitations may run at that point from the date of discovery, but there could be an argument that you should have been diligent at this point to ascertain if the instrument is in fact somewhere else in your body. The other issue you may have is that I would imagine that you signed some type of consent form with multiple waivers. This may fall outside the waivers and consent if the student was truly negligent in causing the instrument to break, but you would have to look at the language of the consent form to see what you really waived.
Answered on Jul 26th, 2011 at 3:00 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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The only thing you can do is go to another dentist and ask him (or her) that same question.
Answered on Jul 26th, 2011 at 2:59 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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In order to be successful with any damages claim, you must have proof that damages resulted due to the negligence of another party. If there is no evidence to support the claim that there was negligence or that the negligence resulted in damages, then you may not have a successful case. Make sure you consult another dentist to determine if any damages resulted due to the broken instrument in your gum.
Answered on Jul 26th, 2011 at 2:10 PM
If the piece is no longer showing up on x-ray, I think there is a good chance that the piece is no longer in your mouth. If the piece cannot be located using the usual methods (x-ray), then I don't see how you are going to prove there is a problem. If you experience problems in the future, and the offending piece can be found at that time, then you will have your evidence.
Answered on Jul 26th, 2011 at 2:10 PM
Automobile Accidents Attorney serving Portland, OR
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The Law Office of Josh Lamborn, P.C.
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If you are not suffering any damages at this time and investigative tools such as X-rays do not show that there is a problem, you really do not have a civil claim. In order to win a civil case there must be some negligence (student breaks instrument in your mouth) plus resulting damage suffered (cut gums or broken tooth). If you are concerned that you may have suffered damages or that you may in the future due to a piece of the tool lodged somewhere in your body, you should consult with a different dentist or doctor so that there is no potential for conflict of interest on the part of the person looking. If that person fails to see any problems there is little else that you can do. I cannot advise you as to whether or not you should worry about it, that is a question better left for a psychologist.
Answered on Jul 26th, 2011 at 1:49 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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I suggest getting a second opinion from a different dentist.
Answered on Jul 26th, 2011 at 1:48 PM