Q: Piece of tooth left found on after extraction 2 months after surgery and second visit to surgeon. Do I have a case?
On 5/1 I had 2 impacted wisdom teeth removed under general anesthesia. Healing was going well but I still had jaw pain two weeks later. I could barely open my mouth and was out of pain medication and was using just ibuprofen. I went back to the surgeon's office where I saw a second surgeon who did an examination and cleaned the extraction site. I was told I was just suffering muscle spasms of the jaw. I was prescribed more pain medication and an antibiotic. Jaw pain went away in another 10 days, but still, bumping my jaw was painful even 2 months later. This morning 7/3, I felt something poking out of the hole and after dislodging the item with some pain, I looked at it wondering if it was a piece of chip or other food particulate. But it is unbreakable and looks like/ feels like bone-- a little over an inch long with jagged edges. My jaw no longer hurts when pressure is applied to my face and jaw region. Do I have a malpractice case here? Especially after a second visit?
A: Problem is you would have to prove that was what caused the item and that it was from your tooth and not a piece of bone from something you ate. Size seems big for a tooth fragment.Follow up with a dentist to make sure what you pulled out wasn't a problem
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
