left-over tooth (a root still stuck in my gums)

This is a discussion on left-over tooth (a root still stuck in my gums) within the Medical Malpractice forum, part of the HEALTHCARE LAW & MALPRACTICE category; My previous dentist did't pull the whole teeth out. I recently went to my local dental office and did x-rays ...

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Old Jun 26th, 2008, 02:27 PM   #1
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EEK! left-over tooth (a root still stuck in my gums)

My previous dentist did't pull the whole teeth out. I recently went to my local dental office and did x-rays and exams and found a root still stuck in my gums so my dentist now has to remove it before it gets infected.
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Old Oct 30th, 2008, 02:07 PM   #2
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Question re: left-over tooth (a root still stuck in my gums)

hey I have the same problem they left the whole root in mine and it is abcessed. so did you have a case?? someone email me let me know dedeky27@yahoo.com
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Old Nov 6th, 2008, 11:33 PM   #3
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Default re: left-over tooth (a root still stuck in my gums)

As a general rule, there can be a malpractice claim if all the elements of negligence in tort are present, which incidentally includes damage or injury to the person of the plaintiff.

For a successful malpractice claim, the plaintiff must establish at least 4 elements:

(1) the duty owed to the plaintiff – medical professionals and hospitals have the legal duty to provide care & treatment for the patient;

(2) the duty was breached – this happens when medical professionals failed to exercise that standard of care required by law. This care or lack of it can be proven by expert witnesses or by obvious errors under the principle of res ipsa loquitor or ‘the thing speaks for itself’;

(3) the breach caused the injury, damage or death; and

(4) the presence of damage – without damage, there could be no claim even if it was established that the medical professional has been negligent.

Last edited by wld_team; Jan 28th, 2009 at 10:05 AM.
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Old Jan 28th, 2009, 02:47 AM   #4
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Default re: left-over tooth (a root still stuck in my gums)

Lex Del Mundo agree with you, would like to add.
Healthcare and malpractice lawsuits can be settled out of court and need a detailed point to point description of the damage. So you might want to draft all the details of the case before you approach an attorney
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Old Feb 23rd, 2009, 08:10 PM   #5
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Default re: left-over tooth (a root still stuck in my gums)

It's not uncommon for a dentist to do an extraction or even a root canal where the tooth has a hidden root. An xray sometimes does not show that there is a 3rd root that needs treated/extracted. It's not the dentist fault, honestly. I'm sure he would have removes it if he had known about it. These things happen. I wouldn't sue personally, but that's just me coming from workin gin the dental field. No harm was done.
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Old Apr 1st, 2009, 03:04 AM   #6
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Default re: left-over tooth (a root still stuck in my gums)

If you receive a major damage, then you can file a charge...
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Old May 21st, 2009, 02:36 AM   #7
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Default re: left-over tooth (a root still stuck in my gums)

In such condition dental implants can work for the best results.
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