left-over tooth

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.

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

[Lex del Mundo]

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.

My apologies if this isn't the answer that you expect to hear. But in any case, you may have your case evaluated by a personal injury lawyer: Attorney Services: California Lawyers and Legal Resources