Q: I would appreciate your guidance on whether I should accept this settlement or pursue further action.
I am seeking legal advice regarding an incident that occurred during a dental procedure. While a dentist was working on my tooth, the dental burr—a rotary tool used to cut and shape the tooth—fell off the handpiece and ended up in my throat. I started choking but eventually swallowed it.
The experience was terrifying, and I had to go to the emergency room for an X-ray, which confirmed that the burr was in my body. I had to wait four stressful days before going for a follow-up X-ray, which fortunately showed that the burr had passed through my system.
The dental office has offered me a small compensation plus coverage of my medical expenses to sign a release of liability. I am not sure if this is fair compensation, considering the physical and emotional stress I experienced, as well as the potential long-term effects.
Thank you!
A: A Washington attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. No one here can tell you to accept or decline an offer - that's a personal decision (also, the post does not include a figure). The most definitely way to answer your question would be to try to arrange a free initial consult with law firms. I do not believe you have a strong case that many firms would be interested in handling. This is not meant to diminish what you went through. Your anguish seems genuine. But the damages described appear to be transient in nature, and the burr was expelled, resulting in no permanent injuries (unless there are further details regarding damage caused by the burr in its transit). This is only my individual opinion based on the brief facts at hand - other attorneys could see the matter differently if you reached out to them to discuss further. Good luck
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.