Matt Vandart Posted April 11, 2011 Report Share Posted April 11, 2011 What do you rekon? A dentist snapped a drill in my toorth whilst doing root canal surgery and it is still in my tooth. It jibs me when I fly in planes/helicopters. Sue or not? What you think? Quote Link to comment Share on other sites More sharing options...
Matthew62 Posted April 11, 2011 Report Share Posted April 11, 2011 How long ago? And to confirm, you have a piece of f**king drill in your tooth permenantly and a dentist did not fix this? Quote Link to comment Share on other sites More sharing options...
CalopS Posted April 11, 2011 Report Share Posted April 11, 2011 Sue, They earn loads! I cant belive they didn't take it out for you Quote Link to comment Share on other sites More sharing options...
Jamie_Trials Posted April 11, 2011 Report Share Posted April 11, 2011 Sue, and make a poll too while you're at it Quote Link to comment Share on other sites More sharing options...
Rusevelt Posted April 11, 2011 Report Share Posted April 11, 2011 Definitely entitled to compensation http://www.youtube.com/watch?v=98FQMgPQy2E 1 Quote Link to comment Share on other sites More sharing options...
Muel Posted April 11, 2011 Report Share Posted April 11, 2011 Ask a trials forum for legal advice, instead of simply phoning someone who knows what they're talking about. Quote Link to comment Share on other sites More sharing options...
dann2707 Posted April 11, 2011 Report Share Posted April 11, 2011 Why does it matter if the worlds gonna end soon anyway? 2 Quote Link to comment Share on other sites More sharing options...
Object Posted April 11, 2011 Report Share Posted April 11, 2011 I'd talk to the dentist before you attempt any legal action as it's well cited that broken endodontic files are left in the tooth during root canals. From Wiki's entry on Endodontic Therapy; Procedural accidents: Sometimes a tool can break while it is in the tooth. If the tip of a spiral metal file used by the doctor breaks off during the procedure, it is usually left behind and not extracted, leaving the patient with a small amount of retained metal. The occurrence of this event is proportional to the narrowness, curvature, length, calcification presence and number of roots on the tooth being treated. Complications resulting from retained metal are not well studied, but the occurrence of tool breakage is well documented. Quote Link to comment Share on other sites More sharing options...
Greetings Posted April 11, 2011 Report Share Posted April 11, 2011 Imagine if all medicine were like that. At the end of your life you'd be cluttered up with tools. Then again new branches of medicine would sprout, specializing in removing what the doctors left behind in their patients. Quote Link to comment Share on other sites More sharing options...
PaRtZ Posted April 11, 2011 Report Share Posted April 11, 2011 Im pretty sure Matt is considering this from a moral point of view rather than a financial one. Yes he could sue for (incompetency?) and get a bit of cash, but be devils advocate and look at the other side: The dentist gets a 'strike' against his career for life and presumably an increase in his insurance premium. He could struggle to get a private job and be forced to NHS (if not there already). If I were a dentist and I could choose to do this, then I know Id tell the patient to piss off incase something happened and they sued me. The real question is Matt, does he deserve it? Was he chatting away to the receptionist when it happened or watching TV etc? If he was then definitly sue. If he was just trying to help Id demand a removal free of charge (again if private) and a quick appointment. Can it even be removed? Quote Link to comment Share on other sites More sharing options...
Krisboats Posted April 11, 2011 Report Share Posted April 11, 2011 What do you rekon? A dentist snapped a drill in my toorth whilst doing root canal surgery and it is still in my tooth. It jibs me when I fly in planes/helicopters. Sue or not? What you think? Yes, for sure. Leaving a piece of machinery inside someones body after an operation is a big thing to do, it's negligence and if he hasn't taken it out (can't see how he wouldn't notice it snapping) then it may be he's left it there so he didn't have to tell you what happened. From your post it doesn't say whether he told you or not but imagine if he/she does it again but with something more serious or when treating a child. If it's negligence it can't be ignored and if it's causing you problems then you deserve to be compensated, at the very least for the amount you paid for the procedure. Quote Link to comment Share on other sites More sharing options...
Tomm Posted April 11, 2011 Report Share Posted April 11, 2011 I have no knowledge of how your dentist works, but I can tell you how any medical practitioner should gain informed consent from a patient. This can be with verbal consent, or a formal, uh, form that you would sign. They should explain the procedure, the benefits and the risks. I'm not a dentist, but if the tool breaking is a common (or rare but serious) complication then they perhaps should have mentioned it at the time of consent. People can argue about what constitutes a "common" complication and I don't think there is anything set in stone, some people will quote a risk of > 1%. However, in this case the complication could be neither common nor particularly serious so they wouldn't have to warn you. In the event of this complication, it looks like leaving the instrument there is the usual practice and if this is the case, you certainly couldn't call it negligence. Every procedure has a risk associated with it, which you accept because the other option (declining treatment) is less desirable. You can't blame the practitioner just because you were unlucky. As a side note, even if there was a suggestion of negligence, you'd have to prove that you've suffered as a result. It doesn't sound like you have actually particularly suffered? Even if you do get pain, it would be very difficult to prove it was secondary to the metal fragment that's there. Obviously the tooth was very diseased in the first place to have required the root canal. It's also now dead, so you could probably expect a different sensation. I don't know the exact circumstances of the events in your case, so it's impossible to say whether something was done incorrectly/badly. But just because you suffered a complication isn't (of itself) a just cause for a lawsuit. Quote Link to comment Share on other sites More sharing options...
nathanware Posted April 11, 2011 Report Share Posted April 11, 2011 matt sue them Quote Link to comment Share on other sites More sharing options...
Matt Vandart Posted April 12, 2011 Author Report Share Posted April 12, 2011 How long ago? And to confirm, you have a piece of f**king drill in your tooth permenantly and a dentist did not fix this? About a month ago and yes I have a piece of drill permanently in my tooth. Sue, They earn loads! I cant belive they didn't take it out for you He did try. Ask a trials forum for legal advice, instead of simply phoning someone who knows what they're talking about. Not looking for legal advice, I am fine for that thank you. Why does it matter if the worlds gonna end soon anyway? It isnt, it is just going to change. I'd talk to the dentist before you attempt any legal action as it's well cited that broken endodontic files are left in the tooth during root canals. From Wiki's entry on Endodontic Therapy; Procedural accidents: Sometimes a tool can break while it is in the tooth. If the tip of a spiral metal file used by the doctor breaks off during the procedure, it is usually left behind and not extracted, leaving the patient with a small amount of retained metal. The occurrence of this event is proportional to the narrowness, curvature, length, calcification presence and number of roots on the tooth being treated. Complications resulting from retained metal are not well studied, but the occurrence of tool breakage is well documented. Thanks Im pretty sure Matt is considering this from a moral point of view rather than a financial one. Yes he could sue for (incompetency?) and get a bit of cash, but be devils advocate and look at the other side: The dentist gets a 'strike' against his career for life and presumably an increase in his insurance premium. He could struggle to get a private job and be forced to NHS (if not there already). If I were a dentist and I could choose to do this, then I know Id tell the patient to piss off incase something happened and they sued me. The real question is Matt, does he deserve it? Was he chatting away to the receptionist when it happened or watching TV etc? If he was then definitly sue. If he was just trying to help Id demand a removal free of charge (again if private) and a quick appointment. Can it even be removed? Correct, nice one. Quote Link to comment Share on other sites More sharing options...
Simpson Posted April 12, 2011 Report Share Posted April 12, 2011 Correct, nice one. Well then from a moral point of veiw, if the guy was nice, the place was clean, he payed full attention, he explained what was happening (which he must have for you to know that it broke off in your tooth) he tryed to get it out (which he did) then no you shouldn't sue from a moral point even if you have grounds to. Were not American and you don't seem to be in any "real" distress. Shit happens live with it, I could have sued the council but chose not to, when in life things go wrong which is someone elses fault, doesn't mean that morally any amount of money is going to help. i.e. I fell of work because my company gave me the wrong ladder! 1) you knew it was the wrong ladder 2) you didnt have to go up it 3) going up it you fell off you jackass, its your fault 4) Oh wait lets sue and get 50 grand which is supoposed to compensate the fact that I cant walk propperly now?!?! If the money was for surgeory to help fix his back then i think he kinda has a case. So basically go back to him and have a conversation about where things went wrong, if it can be removed, how common it is etc. Quote Link to comment Share on other sites More sharing options...
dann2707 Posted April 12, 2011 Report Share Posted April 12, 2011 I think you should quickly ask yourself the question and see what your gut feeling initially says. I do it all the time. If you feel you have to convince yourself after a while you know it's not what you should be doing, deep down. Do what you feel you do and not us, as after all it is your doings. Just my two cents. 1 Quote Link to comment Share on other sites More sharing options...
Krisboats Posted April 12, 2011 Report Share Posted April 12, 2011 As a side note, even if there was a suggestion of negligence, you'd have to prove that you've suffered as a result. It doesn't sound like you have actually particularly suffered? Even if you do get pain, it would be very difficult to prove it was secondary to the metal fragment that's there. Obviously the tooth was very diseased in the first place to have required the root canal. It's also now dead, so you could probably expect a different sensation. That's not to say he won't in the future. What if he needs an MRI? I don't know the exact circumstances of the events in your case, so it's impossible to say whether something was done incorrectly/badly. But just because you suffered a complication isn't (of itself) a just cause for a lawsuit. If he's paid to have something done and now he needs to pay to have it corrected then there would be grounds to cover the costs of one or both procedures plus any time he has to give up in order to get it corrected. To be honest though matt, most people on trials-forum cannot give you the specifics of liability in this case. Morally speaking though, i'd get it fixed and bill him. I'd do it with butchered dry cleaning, a rubbish repair on my car or someone decorating the house. Just because it's a "medical complication" doesn't make it any different. Quote Link to comment Share on other sites More sharing options...
Matt Vandart Posted April 12, 2011 Author Report Share Posted April 12, 2011 All good replies. Points of note: I did know when he snapped the drill in my tooth because I snap wee drills all the time and 'just knew' He did not tell me straight away but admitted it to me when I said' you just snapped the drill then eh' He did attempt to take it out, twice, and got the other dentist involved. I have been referred to the hospital to get it removed sonically. It hurts like f**k when I am in a pressurized area I have no idea why. He is a nice young chap and I would not like to put a black mark on his sheet before he has really begun. I would also not like him to get away with it completely as it may enter his head that he got away with it once..... At the moment I am tending towards whingeing about it to him and trying to blag some free gold fillings and make sure he gets the idea that snapping drills in ones tooth and hoping no one notices is not the way forward. Definitely a moral rather than monetary dilemma. Quote Link to comment Share on other sites More sharing options...
Luke Rainbird Posted April 12, 2011 Report Share Posted April 12, 2011 So don't sue, just keep on at him 'til he sorts it out properly. Get him to sort it/take the cost of it, but don't go for compensation on top. Quote Link to comment Share on other sites More sharing options...
Muel Posted April 12, 2011 Report Share Posted April 12, 2011 I'd try to get him to pay for it to be sorted, and if needed threaten to take him to court to cover expenses, but I'd try to avoid that route, after all he's your dentist, so it'd be best to stay on decent terms. 3 Quote Link to comment Share on other sites More sharing options...
Matthew62 Posted April 12, 2011 Report Share Posted April 12, 2011 I know there's many aspects to consider. However due to this little accident you are now in agony whenever you have to fly. That alone would be reason enough for me to have something done about it. Quote Link to comment Share on other sites More sharing options...
shamus Posted April 12, 2011 Report Share Posted April 12, 2011 I'd ask for any future work regarding this tooth/matters arising from the incident be treated at reduced rate by that dentists practice. Other then that, shit happens, don't be one of those sob stories I get really pissed off at seeing on the local news when there's f**k all else to fill the broadcast. Some of them have a right to be a news story and are worthy of public address, others are complete bull crap which is no use to anyone other then those who want to bash the goverment/national health services (which are FREE!!! FFS)/ local councils/ anyone/everyone /rant Quote Link to comment Share on other sites More sharing options...
Tomm Posted April 12, 2011 Report Share Posted April 12, 2011 That's not to say he won't in the future. What if he needs an MRI?Nothing. Even if it's made of steel (not ti), it's such a small fragment and presumably well-fixed that it's not likely to be a problem for scans. Just because it's a "medical complication" doesn't make it any different. Well, it does actually. The organic nature of the human body means that adverse events are not predictable. Every time you have a procedure done, you have to give your consent and there are ALWAYS risks, ranging from minor or unlikely to severe depending on the procedure. It's not like replacing a wheel on your car or something where the outcome is predictable. Like I said before, I don't know the ins and outs of what happened here, but has the dentist actually done anything negligent? From what you've said here, I don't think so. Could have happened to anyone. Matt - your second post sounds like the tooth is giving you more trouble than you mentioned first time round. You have to weigh up whether it is giving you enough trouble to warrant doing something about it, and I think you're probably within your rights to expect that would be sorted out for you if you asked. Quote Link to comment Share on other sites More sharing options...
Matt Vandart Posted April 12, 2011 Author Report Share Posted April 12, 2011 My main issue is that if they cant get it out with the sonic device, then the tooth is gonna have to be pulled which sucks. Why can I not have an MRI if I have metal in me? I have lots of metal in me Quote Link to comment Share on other sites More sharing options...
haydon_peter Posted April 12, 2011 Report Share Posted April 12, 2011 Demand an x-ray then post it up on here 2 Quote Link to comment Share on other sites More sharing options...
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