Drill Bit Left in Tooth After a Root Canal

[sunshinencgirl]

My question involves medical malpractice in the state of: VA

Making this quick.. I had a root canal done sept 15th 09 part of the drill bit broke off in the canal.. I was never told .. The dentist wrote in his notes the bit was in there clearly states... It was sealed.. I was NEVER TOLD IT WAS IN THERE... he failed to disclose it.

I flew out of the country on a trip ...

I went back each week for 4-5 weeks complaining of pain. It was sanded checked etc.. until i saw his partner in bad pain... His partner drilled down and discovered the bit in my canal... And he read the org dr notes... He removed some of it... I went to endodontist to get the rest out... I have the bit its about 1/2 inch long.. it was removed today

It was in there over a month....

I do have his Note knowing admitting the bit was there...

What do i have with pain and suffering etc.. Its not enough for a attorney to really spend time on? Small claims court ?? What do i ask for... How much is pain and suffering...

The dentist called today after we asked him to return the money to the insurance company... His secretary said he would like to MEET with us....

What do i do? I know i want him to pay for the treatment Im guessing at the most about $2-3k.. but ??? Should i speak to him trying to negotiate What amount would be appropriate?

Thanks
sunshinencgirl..

[THEAMAZINGCHAN]

he might be wanting t meet with you to show you papers you signed advising you of the associated risks involved?

in goggleing complications of root canals

http://www.root-canal-info.com/Root_...lications.html

it it the third "most common" problem with infections and swelling being the 1 and two

even before a crack or fracture...



Occasionally, a endodontic file will break inside the tooth during the procedure. Most of the time, this is not a problem and the file is cemented into and becomes part of the tooth. There are reports of both complications and no problems at all with a broken file in a tooth.

so you may not have any say in this at all
you may have already signed off on it and hes going to
"break it to you gently" ?

i do not know?

[sunshinencgirl]

Thank you... I understand this happens... Ive been in so much pain..



i went back complaining of pain... FIne he did this... BUT NOT TO TELL me so i can ge tthe correct treatment for the pain im in to Refer me to an endodontist??

Accepting the money from the insurance company... when its not actually completely because he didnt drill past the nerve..?


Im thankful its finally out of there... We hope to meet with him next week...

[THEAMAZINGCHAN]

will you come back and tell us what happened please.

how are you feeling now things ok

do you have the crown on yet?

[sunshinencgirl]

Thanks for the insight...

Yes I will give you an update will speak with attorney to make an appt...then follow with talk to the dentist

Im feeling lots better no throbbing now.. Taking antibiotics and Motrin.. I get the crown fit on 2nd week in Nov by my family dentist from home.

[mmmagique]

Hi,

I got your note, and will be forwarding this to my fiance. He teaches this, and also does a fair share of acting as an expert witness. He should get back to you tonight.

(I hope you feel better!)

~Christina

[mmmagique]

Ok, here is his response:

As someone already said, it sounds like the tip of an endodontic file broke off (the term we use is "unintentional instrument [file] separation") in a root canal during instrumentation. This happens from time to time and may be due to any number of causes including a defective file or metal fatigue, neither of which is the fault of the dentist. If may also be caused by improper instrumentation technique on the part of the dentist.

Depending on the specific circumstances, the piece (tip) of the broken file may cause no problems at all and the dentist may still be able to successfully complete (fill) the root canal with the broken file left in place. In other cases, it may be necessary to recover (remove) the broken file in order to be able to get a successfully complete the root canal.

Most dentists would agree (i.e.. the standard of care) would be to inform the patient of the
instrument separation in the canal, even if they were able to successfully complete the root canal.
I also think many dentist would agree that they should be responsible for any complications that arise as a result of the broken file, even if it is due to a defective file.

It is a fact that even root canals that were done properly in all respects can and do fail (i.e., the patient experiences pain due to recurrent or unresolved periapical infection, etc). Many variables affect the success and failure rate of root canals.

In my opinion, in order for the plaintiff to be able to prevail in this case, one would have to be able to prove that the failure of the root canal and complications experienced by the patient were attributable to the separation of the instrument in the canal, and not to any other usual and customary causes for root canal failures that are inherent to the procedure, and not related to any malpractice by the dentist.

[THEAMAZINGCHAN]

But if the standard of care is to inform the patient and that standard of care was bypassed. then do we have malpractice?