should i sue a dentist when a small tool fell into my mouth and ended up in my lung

UPDATED: Sep 30, 2022

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should i sue a dentist when a small tool fell into my mouth and ended up in my lung

he was having an implant and when the doc left the room for a moment the assistant took it upon herself to continue the treatment. she dropped the screwdriver into his mouth at the same time that he took in a breath and it ended up in his lung. he was in the hospital and they removed it he had and has no pain or residual issues for now except the sore throat from the surgery.
what should I do legally?
thanking you in advance

Asked on December 30, 2016 under Malpractice Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There are two things necessary for a viable, or worthwhile, medical malpractice suit. The first, of course, is liability, or fault: something negligent, or careless, being done in medical care. It seems that there may be such negligence here, based on what you write.
But the second thing is enough "damages"--that is, costs or serious injuries--as to justify the considerable cost of a malpractice case. (Malpractice suits are expensive because you need to hire a medical expert to write reports and testify.) If there is no lasting serious life impairment or disability, there would be no, or very little, compensation for "pain and suffering." So that means that your husband could only recover the sum of his out-of-pocket (not paid by insurance) medical costs and lost wages (if any). Unless those come out to many thousands of dollars, there is no point in even thinking about a malpractice case--for smaller amounts, you could spend as much (or more) on the suit as you hope to get back.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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