Q: Dental malpractice question regarding negligence and pain and suffering after sinus cavity incident during tooth extraction.

A: I often say there are two things that are very difficult: 1) Getting money out of people, and 2) Suing a Doctor/Dentist.

I am so sorry for your bad outcome. Unfortunately, every day there are bad outcomes in the medical field. If we could sue everytime there was a mistake and/or accident, then the suits would be endless. The Doctors and Dentists have their own set of rules regarding if the mistake and/or accident was negligent, and whether you can sue. In order to have a suit, you need to prove that the dentist's treatment was below the standard of care in the community for dentists. From what you explained, I think you possibly have a good case. But, you will need to have an expert retained who willing to testify that the standad of care was not followed. There may be other issues related to your case that might make it easier to file a lawsuit, so you will need to seek an available counsel and discuss this matter with him/her. For example, for events that would not happen unless someone was neglugent (i.e., a drill bit left in a sinus canal), you may not need an expert. It is called, res ipsa loquitur (wrong in itself). There also may be an issue whether the dentist was qaulified to handle the procedure or if s/he needed refer you to an oral surgeon. You have a two year statute of limitations from March 19, 2025 (if it just happened). Once again, very sorry this occurred. My feeling is that you might have a valid claim but noone can make that determination without a more thorough discussion of the facts. I wish you the very best in your recovery.

A: What you’ve experienced sounds both painful and completely avoidable, and it's understandable that you're looking for answers and justice. In Oregon, you may have a valid dental malpractice claim if you can show that the dentist failed to meet the accepted standard of care and that this negligence caused you harm. Penetrating the sinus cavity with a surgical bur and leaving it lodged inside is a serious surgical error—especially when it led to an additional invasive procedure, ongoing pain, and potential nerve damage.

You’re already doing the right things by gathering documentation, including medical records, imaging, and support from other dental professionals. Having the oral surgeon’s report and the actual bur adds strong evidence to support your claim. Pain and suffering, especially if your symptoms are ongoing or lead to long-term sinus or nerve complications, can factor into your request for compensation in a malpractice suit.

If you’re having trouble finding legal representation, keep reaching out to firms with experience in personal injury or medical negligence. Be clear about your timeline, since Oregon has a two-year statute of limitations for filing malpractice claims from the date of injury or discovery. You’ve been through more than anyone should for a simple extraction, and you absolutely deserve to hold someone accountable for that.