If a dentist broke a file in my root canal and did not tell me and now I need an Apicoectomy is this considered dental malpractice?

Broken files do happen. You need a dental expert to tell you if not saying anything about it is malpractice.

Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for ?pain and suffering?, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit.

Sounds like it. you have 3 years, so hurry and get a malpractice lawyer.

The separation or breaking of an endodontic (root canal) file is not considered negligence. The doctor is under a duty to inform you of the broken file remaining in your tooth. It is considered professional negligence not to tell you of the broken file. The problem in these cases is proving the that the failure to advise you is the cause of your damages as often the dental result is the same whether you are told or not.

Possibly. Breaking a file is one thing, not telling you about it is another. In order to bring a malpractice claim, you will have to have your records reviewed by an expert witness. It is required and will cost a few grand. See a dental malpractice lawyer in you area to find out if it can be pursued.

It takes the opinion of a medical dental expert to answer your question. Medical malpractice lawyers that do dental malpractice typically have such experts available. Consider consulting one.

This would be a dental malpractice claim The statute of limitations in your case would be 1 year from the date of discovery of the injury. Please act promptly as there is also a 4 year statute of repose that will terminate your case if you do not take legal action within four (4) years of the negligent act. In your case you should be ok, but definitely talk to an attorney about your options and what damages you might be able to recover.