Can I sue my child's dentist for the drill falling inside my kid's mouth??

Question

My kid went to the dentist today. He was going to have some work done. He was sedated, as the dentist was drilling the drill came off and went into my kid's mouth and into his stomach. I had to rush him over to the hospital where they did an X-ray then I was sent to to the children's hospital. I have to wait a week to see if he is able to pass the drill and for a check up with the doctor not the dentist. Now he has a swollen lip since he was in the middle of a procedure when all this happened. Even if I sue for negligence do I have a case or is it even worth it???

Answer 1

talk to a lawyer you should at least be able to recover the cost of the extra doctors bills. And your child is entitled to have something for the fear he may feel as he goes to the dentist again. Check with a legal aide person in your area. If they do not take the case they should be able to steer you to someone that will give you advise. First consultions are sometimes free. good luck

Answer 2

You can sue for anything, I imagine you signed all kinds of consent forms and this was not negligence it was equipment malfunction. I am positive the doctor is as upset about this situation as you are. Can you sue, sure should you...it depends on first your own ethics, second if the dentist is willing to pay all medical bills and I am sure he / she is and write off any of your bills including work not yet complete. Then in my humble opinion your sueing is just a way of making money of an unfortunate accident. This is the reason medical and dental bills are so high now . Doctors malpractice insurance is threw the roof and every time a mistake happens people see dollar signs. Just my opinion, I really hope your kid is fine.
When I was brand new to dentistry I dropped a silver cap in a woman's mouth and she swallowed it, same deal xrays to rule out it being in the lungs she passed it no problem....I had nightmares for weeks She remained patient at the practice I was witht and we are now good friends.

Answer 3

Well it wasn't like it was the dentists fault. We all take risks when we go to the doctors or have any procedures done. I am sure he must have felt bad and embarassed. Maybe he would be willing to do some dentisty work for free. I bet if you asked him for that instead and taking him to court. By the way be willing to fork out some dough if you want to win. They pay malpractice insurance like other doctors. I think unless he did it on purpose you won't win.

Answer 4

Dental burs breaking is not something that a dentist can control. If the dentist informed you of the accidental breakage and took the proper steps to treat any accidental injury that resulted, the dentist is doing exactly the right thing.

If that is what transpired, it would be almost impossible to win a malpractice suit.

Answer 5

No - but judging by the way you're standing he's done more than drill in your mouth!! I'm great!!

Answer 6

HELLO,
THE DRILL BIT SHOULD NOT HAVE COME LOOSE, BUT THIS WAS NOT A FAULT FOR WHICH THE DENTIST IS BLAMED.
IF YOU SUE.
CAN YOU WIN?
FIRST OF ALL, THE DENTIST OR HIS INSURANCE SHOULD PAY FOR ALL THE HOSPITAL BILLS.
CHANCES ARE VERY GOOD THAT THIS SMALL METAL OBJECT WILL PASS IN HIS STOOL.

Answer 7

Yes, you can sue and you would win some sort of settlement. Your child suffered physical and emotional damage. Chances are, the dentist's insurance company would try to settle out of court with you.

Answer 8

i think this begs the question, "whose fault is it that this kid got a cavity in the first place?" the answer is yours! you fed the kid a diet high in sugar and didn't emphasize the importance of hygiene and then the kid gets a cavity.

no, you don't have a case.

Answer 9

That is negligence on the part of the dentist.

Answer 10

yes u can