Oral surgeon's mistake

Hey everyone, quick question—can I actually sue a dental clinic for malpractice? I had an alveotomy (wisdom tooth extraction) and a surgical removal of my first premolar this past Wednesday around noon. I went into work today and started feeling this dull, nagging ache right where that premolar used to be. When I got home, I disinfected my toothbrush and gave the area a little scrub... and wouldn't you know it, three little fragments of tooth just popped out. I even managed to accidentally pick one tiny piece out with the brush, and I'm positive it was a piece of the tooth itself. There’s still some suture material holding things together too. I honestly can't wrap my head around how the surgeon missed this... he kept complaining about how hot it was in there and how much he was struggling with that specific root. He was calling for the nurse to bring him different tools multiple times, and I'm pretty sure he ended up just snapping it. Now the pain is hitting me hard and I can barely focus... I'm seriously considering suing for negligent treatment if that's even a thing here?

Maybe it would be better to have someone take a look at it first and handle any necessary repairs? It might prevent some bigger headaches down the road if things aren't handled correctly from the start. Then you can worry about all those legal battles and lawsuits...

Priorities, priorities... 😁

Check the comment above; go read his take or go see a social worker.

The Department of Justice handles medical malpractice lawsuits—that’s criminal territory—and personally, I don't see any proof of actual malpractice here. It’s all just hearsay at this point.

As for a civil suit for damages—if that’s what you were getting at—it’s too early for that, too. A doctor hasn't even officially assessed your damages yet, so there's nothing to talk about.

Chris Carter10 said:The comment above is spot on—go check his thread or maybe go see a discount dentist instead.

If we're talking about a lawsuit for medical malpractice—that’s handled by the Department of Justice... personally, I don't see any actual proof of negligence here. It all just sounds like hearsay at this point.

As for a civil suit for damages—I think that's what you were actually getting at—well, you haven't even had a doctor confirm the extent of the damage yet, so there's really nothing to talk about there either.

Thanks for the reply, but it isn't just "hearsay." I actually have the receipts they gave me, and anyone can see there's a massive chunk missing from my tooth... I can take a photo if I really need to prove it here. So, is going to the ER a good move? And will their paperwork actually count as proof if I'm trying to get my money back?...

The bill just proves they provided a service; it doesn't prove whatever scenario you're imagining actually happened. A person's opinion only carries weight if they're a licensed dentist who has physically examined your teeth. It's all hearsay until a surgeon or dentist takes a look and orders an X-ray if they suspect an issue. There's no point in posting photos here because no one can give you a real answer. This isn't a dental clinic equipped with diagnostic tools, and you certainly can't file a lawsuit based on the opinions of people on a forum or even the neighbors over at Milka...

If you're dealing with what you think is happening, heading to the ER is a smart move to prevent painful or dangerous complications.

I'm guessing you've got your own dentist on speed dial, so you might as well hit them up first thing Monday morning

Larry Walker24 said:I'm guessing this guy has a regular dentist he can just swing by and see first thing Monday morning...

Gonna head into work to explain what happened, then I'll stop by the clinic to give them the rundown. Honestly, I'm looking to get my money back because I am absolutely done dealing with these people—it's pretty disappointing... Just took a photo with my brother and you can actually see the root in the cross-section; it honestly looks like they didn't even pull it out. You can see the outline of the tooth root (that white part) and there's just decay right in the middle, it's nasty. Might try to hit up the ER at 2 or 3 in the morning... though I probably would've gone already if I knew where to go. I'm from near downtown Chicago and heard there's a place over in Silet Springs, but I have no clue if they'll even take me or if they'd even consider this an emergency? (already on antibiotics) Anyway, wish me luck...

Look, obviously oral surgery hurts. We aren't talking about a routine blood draw or a quick urine sample here... I was out of commission for almost ten days myself—couldn't even open my mouth, let alone chew, so I wasn't exactly spending three days whining about lawsuits. A refund for what? You’re in pain, so naturally, you want your money back. No offense, but lol... what would people say who are recovering for weeks or even months? It's only been three days for you, man. Of course it hurts, and yeah, you're going to be swollen.
Second thing—what is the actual damage here? Did they nick a nerve? Is your face permanently disfigured? Has a doctor declared you disabled? Can you not eat? Can you not speak? I'm being serious. Pain isn't a medical error...
Thirdly—why were you messing with it? You were given instructions, right? As far as I recall, the drill is: don't touch the area, clean it with a Q-tip and that special solution, take some Advil every 4-6 hours, sleep with your head elevated, and brush your teeth after eating.
And most importantly—did you sign a consent form or a waiver for the procedure? 🙂 I sure did... after they explained all the potential side effects.

As for having a root left over... mine wasn't even fully extracted, they just shaved the tooth down. There's still a little bit left inside. Look, I'm alive and kicking.

You need to wait at least seven, maybe even ten days. It hurts. That's just how it works. And the pain can definitely radiate toward your ear. They might even put you on some Augmentin...
Just stick to the instructions so you feel better.

I'd bet anything that in five or six days, you'll be feeling fine. 🙂

Larry Diaz4 said:Of course oral surgery hurts. It’s not like getting blood drawn or a routine urine test... I was in agony for almost 10 days straight—couldn't even open my mouth, let alone chew. I wasn't exactly out there filing lawsuits for three days after the fact. A refund for what? You're in pain, so now you want your money back? No offense, but lol... what about the people who take weeks or months to recover? It’s been three days for you, man. It’s normal for it to hurt and for your face to be swollen.
Secondly, where exactly is the damage? Did they nick a nerve? Is your face disfigured? Have you been declared disabled? Can't eat? Can't talk? I'm asking seriously here. Pain isn't exactly "malpractice"...
Thirdly—why were you messing around with it? You got instructions, right? As far as I remember, those instructions are basically: don't touch it, clean the area with a Q-tip and specific solution, take some Advil every 4-6 hours, sleep with your head elevated, and brush your teeth after eating.
And most importantly—did you sign a consent form or a waiver for the procedure? 🙂 I had to... and they explained all the possible side effects to me.

As for having a root left behind... they didn't fully extract mine either, they just shaved the tooth down. There’s still a little bit left inside. Look, I’m alive and healthy.

You have to wait at least 7, maybe even 10 days. It hurts. That's just how it is. And the pain can radiate toward your ear. Maybe they'll put you on some Augmentin...
Just stick to the instructions so you feel better.

I bet you'll be fine in 5 or 6 days. 🙂

The thing is simple: I paid for a surgical extraction, not to have a root hidden under my gums. This "fix" is dangerous because if that root stays buried under the tissue, it's just going to keep rotting, leading to constant infection through that tooth. Tomorrow, I'm looking for a real surgeon who will actually open it up properly and clean everything out—the periodontal ligament, the bone, the whole deal. It's horrifying to me that nobody told me anything; he just said it was done and stitched my gums over a rotting root!! I've been ripped off, and I have every right to ask for a refund for that tooth. True, I can't sue them because I signed that waiver that everyone has to sign, but does that really mean they aren't responsible for their own work?

I mean, why wouldn't you just ask this in the main thread, right?
It’s like you were so obsessed with blowing all that cash on track days that you totally forgot about actually fixing your tooth. Like, maybe dental work should've been the priority here, I guess.
Look, it doesn't matter where you're located, just hop online and find the nearest ER. Those doctors there will be able to tell you if the job was done right or if you're in real trouble and what needs to happen next.

Susan Adams66 said:Well, why don't you just ask that in the main thread, right?
It sounds like you blew through your cash just to get back on the track—like that’s somehow more important than actually fixing your tooth...
Doesn't matter where you're from, just look up the nearest ER online. They'll be able to tell you if the work was done right or what the next steps should be.

According to the famous doctor Roman Brnčić, the only real fix is surgery—pulling the root, the periodontal ligament, cleaning out the bone—and I’m going to go ahead and do that with her help. Honestly, money is the least of my worries here; I just don't see the point in paying twice for the same service or handing my hard-earned cash to someone who does a hack job... I could have just gone through my insurance and it would've been way cheaper. Work is also a total nightmare right now. I need to pull overtime, but this is gonna make that a hell of a lot harder. Who knows how long the wait for surgery will be even if I wanted to drop $1667 immediately... it's not just about the money, there are waiting lists and all that. I would've headed to the ER if I had my X-rays on me, because what are they even going to do without them? The head nurse at the local clinic said they'd hold onto the X-ray for me, then I told her she could just email them over, but nope... she didn't. Whatever, health is the priority, though even the ER feels like a total gamble (never been, so I don't know what the vibe is like there?). It's not swollen yet, and my body is fighting it off pretty well, so I'll just tough it out until the surgery... better than causing more drama now. The tissue should heal up by the time the procedure rolls around, and things will be easier then.

I’m not entirely sure—have you already sought out a second opinion following this procedure, or not yet?
In any case, I think you might be overthinking things. I’m not sure why you haven't reached out to the clinic that performed the work; I'm fairly certain they can get it sorted out for you. I actually went through something similar once where a piece was sticking out, only to find out it was just a fragment of a tooth rather than bone (it happened after a particularly rough extraction and a tooth fracture, among other things).

Douglas Doyle57, take a breath. Your first move should be going back to the clinic where you had the procedure; let them examine you and explain what's happening. If something needs fixing, they should fix it. You only move to the next step once you have all your medical documentation in hand if there’s an actual issue. An ER isn't the place to go looking for a second opinion. This forum certainly isn't a substitute for a formal diagnosis, much less a platform to fuel a "mob mentality" without hard evidence. In fact, if you aren't telling the truth—meaning if your version of the facts is incorrect or lacks proof—that clinic could easily sue you for defamation.

goldenpanther said:I didn't quite catch that—have you actually gone out and grabbed a second opinion yet...? after... So, we're actually doing this move, right...?
Look, I think you’re overthinking this one—honestly, I don't get why you haven't called up the clinic that did the work yet. I'm pretty sure they'll just come out and fix it for you... It's probably nothing major. I actually went through something similar once where I thought things were going south, but it turned out to be a bone fragment poking through rather than a tiny piece of a tooth—this was after a brutal extraction where my tooth basically shattered and everything... just a mess...

Gerald Smith76 said:Douglas Doyle57, man, you really need to take a breather here... First things first, just head back to the clinic where they actually performed the procedure and have them take a look at you. Let them explain what’s going on—if something needs fixing, let them fix it. You only start looking at other options once you've got the full medical file in hand. An ER isn't exactly the place to go hunting for a second opinion, you know? And honestly, this forum is definitely not the spot to get an actual diagnosis, much less a place where people should be ganging up on doctors without any real proof. In fact, if you aren't telling the truth—meaning if what you *think* is true is actually wrong or you're just making stuff up—that clinic could very easily sue you for defamation...

Look, I messed up. I went overboard, I lost my cool, and honestly? I feel like a total idiot. My bad. I want to give a sincere apology to the staff at the clinic—they’ve been absolutely top-tier through all of this. Now that I realize everything is actually fine and everyone's good, I’d recommend them to anyone without a second thought... I also owe an apology to the folks here on the forum. Seriously, you can just lock this thread. Honestly, I probably deserve a ban anyway, so if you want to kick me off so I don't have to sit here and embarrass myself any further... go for it...

goldenpanther said:I'm not following—have you already gone out looking for a second opinion after this whole procedure, or what?
Either way, I think you’re overthinking it... honestly, why haven't you just called back the clinic that did the work? I'm pretty sure they'd fix it right up. I actually had something similar happen once where I thought things were messed up, but turned out it was just a bone fragment sticking out instead of a tooth shard (after a brutal extraction and my tooth basically splitting in two and all that mess)...

Yeah, okay, I "consulted" Google. I guess I'm just a genius like that
not sure what else to

Juji made a solid point. I honestly don't think you need to go overboard with accusations or threatening legal action right away. It might be better to just head back to the clinic where the extraction happened and ask them to run another X-ray. You really need to confirm if there's actually a root fragment left or if it’s just a bit of bone. I've been in that exact spot myself more than once, feeling unsure after an extraction, so I sent my patients back for imaging—and sure enough, it turned out to be nothing more than a small piece of bone protruding after the site healed. That's usually a pretty straightforward fix with an alveoloplasty. I'm not saying that's definitely what's happening in your case (though maybe it is), but you really need a proper diagnosis before deciding how to handle it. My guess is the clinic would be willing to help you out and resolve this without charging you extra.