Expert: Mark Bornfeld DDS - 12/9/2006

Question
I had a bad toothache. The antibiotic was a temp relief. The dentist told me it was worth saving and I should get a root canal. I didn't know if I could afford this so I said I wanted to extract it, he gave me a referral to oral sergion. I got an estimate on cost to save it and called the next day to make an appointment for the root. The day before my appt I received a call telling me that dentist does not due root canals and I could set another apt with the other dentist. I tried to get a hold of the first dentist but was told to call next week. I scheduled an apt with a endo but still needed a referral. They didn't seem to understand I never had a referral for specialist and I wanted the root done there or a referral if it was complicated. It was vacation week and we planned a vacation to Disneyland but the toothache came back and we had to leave early. The other dentist said he would do the root canal and to come in. After almost 3 hours into it he could not stop bleeding. He had to stop and put cotton and close it. He told me he broke a file in the canal but not to worry because they would work around it or get it out at the endo. He seemed upset and said I should have seen the specialist but he was just trying to save me money. I never discussed this with him at all. He got another set of x rays and kept staring at them all worried. As I was checking out the assistant even grabbed an x ray from the referral and said I need this. This was my first root canal and no one discussed the complications or procedures or anything. I went to the endo to find out that he perforated the root several times trying to get the file out and he should have left it for her. There was under 5 percent chance to save the tooth. She called to talk to him but the 4 days after he no longer works there. She wrote a note saying found fractured instrument in canal and too many perforated sites. Hopeless. That not a good candidate for heroics. I had to extract the tooth, it took 2 hours because I had strong bones and gums and the damage to the tooth inside from the perforations. Everything aches again and I worry I might have infection. I was put off 3 weeks, perforated my tooth without telling me, not explained anything about complications, dentist takes off. I found out he only graduated a year ago. The manager wants to set things right by the 340 i paid for a crown I wont need cover the cost of a bridge and crowns. They also will bill my insurance. They are still getting money  and I loose my tooth and a bride last only 5-7 years. What do you think a fair deal should be, having more understanding of the dental area.

Answer
Dear j harris,

I think the manager of the dental facility would be getting off easy if you accepted the $340. Based solely on your narrative, your case was mishandled from the start, and could well be considered professional negligence.

I'm not usually fond of suggesting litigation, but I think you should consider consulting with an attorney. While there is no way that legal action can reverse the damage that was done, it can help you come to terms with it.

As an alternative, you may wish to investigate whether your local dental society provides a means of peer review. This process can help you to have some remedy for your bodily harm, without the inconvenience of litigation. If you are located in the United States, you can contact your local dental society by searching at the following link:
http://www.ada.org/ada/organizations/searchlocal.asp

Good luck!

Mark Bornfeld DDS
www.dentaltwins.com
Brooklyn, NY