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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.


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