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Old 02.10.2019, 07:22
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CH Dentist left broken equipment in my head, didn't tell me

Hello all,

A CH dentist, while performing a root canal, broke a part of his instrument, left this piece of metal in the root of my tooth (visible on xray), didn't finish the procedure, covered it up as if everything was fine and complete, and didn't tell me.

Later, the tooth roots became infected in the bone and sinus and I had to pay four times the original price to have a specialist to redo the root canal.

My questions:

A broken instrument is known to happen and in places like the US is not considered "malpractice". However, not telling the patient, in places like the US, is considered not honoring a patient's right to "informed consent" (i.e. not giving them the full information that a medical professional knows, so that the patient is able to decide what to do next).

1) Does anyone know if there is a similar philosophy in CH and what would be the commonly accepted legal term like "informed consent"?

2) Does anyone know any more about the legalities about this in CH?

In the US, it is commonly accepted that if this happens (called a "separated file" or "separated instrument"), the dentist will immediately stop the procedure, inform the patient, not charge them for the incomplete disrupted procedure and immediately refer them to the specialist (called an endodontist) to fix the situation. Sometimes the dentist will even pay towards part of the cost of the endodontist treatment.

3) Does anyone know whether I can go back to the original CH dentist, tell them that they violated my rights by not telling me and not fully completing the root canal and ask for my money back for the original root canal?

4) Does anyone know the legal bodies that would help with this or what other possible recourse I could threaten this dentist for not behaving ethically?

5) Any other general advice, experiences or advice on this matter?


Thanks for any thoughts,

MakeABigWish





More detail for those who are interested:

I accidentally discovered that I had been living with a piece of dental equipment stuck in my head six years after the original root canal, when a second dentist discovered this on an xray when repairing a chip of the overlaying crown on the tooth.

I'm now fine but the specialist was unable to remove the broken instrument without doing further damage and so it will always remain in my head.
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Old 02.10.2019, 07:50
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Re: CH Dentist left broken equipment in my head, didn't tell me

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Hello all,

A CH dentist, while performing a root canal, broke a part of his instrument, left this piece of metal in the root of my tooth (visible on xray), didn't finish the procedure, covered it up as if everything was fine and complete, and didn't tell me.

Later, the tooth roots became infected in the bone and sinus and I had to pay four times the original price to have a specialist to redo the root canal.

My questions:

A broken instrument is known to happen and in places like the US is not considered "malpractice". However, not telling the patient, in places like the US, is considered not honoring a patient's right to "informed consent" (i.e. not giving them the full information that a medical professional knows, so that the patient is able to decide what to do next).

1) Does anyone know if there is a similar philosophy in CH and what would be the commonly accepted legal term like "informed consent"?

2) Does anyone know any more about the legalities about this in CH?

In the US, it is commonly accepted that if this happens (called a "separated file" or "separated instrument"), the dentist will immediately stop the procedure, inform the patient, not charge them for the incomplete disrupted procedure and immediately refer them to the specialist (called an endodontist) to fix the situation. Sometimes the dentist will even pay towards part of the cost of the endodontist treatment.

3) Does anyone know whether I can go back to the original CH dentist, tell them that they violated my rights by not telling me and not fully completing the root canal and ask for my money back for the original root canal?

4) Does anyone know the legal bodies that would help with this or what other possible recourse I could threaten this dentist for not behaving ethically?

5) Any other general advice, experiences or advice on this matter?


Thanks for any thoughts,

MakeABigWish







More detail for those who are interested:

I accidentally discovered that I had been living with a piece of dental equipment stuck in my head six years after the original root canal, when a second dentist discovered this on an xray when repairing a chip of the overlaying crown on the tooth.

I'm now fine but the specialist was unable to remove the broken instrument without doing further damage and so it will always remain in my head.
Take the case to a lawyer
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Old 02.10.2019, 08:25
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Re: CH Dentist left broken equipment in my head, didn't tell me

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Take the case to a lawyer

Do you know what kind of lawyer in CH?


Has anyone had an experiences related to health law in CH?
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Old 02.10.2019, 08:45
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Re: CH Dentist left broken equipment in my head, didn't tell me

Not saying you're wrong .. But are you sure it's a broken instrument??

A root canal can involve a piece of metal being inserted into the root or into the bone, a support.. Another dentist saw a piece of metal on the x-ray, maybe it was meant to be there and hey, you just had an infection. He obviously didn't see it that well when he couldn't remove it.

The description also seems strange..
1: An infection led to the re-do of the root canal? But didn't discover the metal?? Maybe this dentist left something in there??
2: It was discovered by chance when a crown was being repaired? Before or after the second root canal?

If it seems odd to me, good luck with a lawyer!
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Old 02.10.2019, 09:26
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Re: CH Dentist left broken equipment in my head, didn't tell me

And did you speak to the dentist that did it. Would seem a logical first step
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Old 02.10.2019, 12:29
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Re: CH Dentist left broken equipment in my head, didn't tell me

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And did you speak to the dentist that did it. Would seem a logical first step
This!
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Old 02.10.2019, 16:26
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Re: CH Dentist left broken equipment in my head, didn't tell me

I agree with the OP that it is common practice for the dentist who did the first procedure to clearly inform the patient. Fairly often, removing the fragment may be very difficult compared to the relatively small risk of complications caused by leaving it in place.

Basic philosophy of the Swiss Dental Association (SSO): Keep it simple. Talk to the dentist who left the fragment in place without informing you. If that doesn't help, contact the regional Begutachtungskommission, in your case the one in Zurich, https://www.sso.ch/fileadmin/upload_...arif/ZBK_D.pdf.

There hardly ever is a need to get lawyers involved. I didn't experience a single case in more than 40 years.
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Old 02.10.2019, 16:27
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Re: CH Dentist left broken equipment in my head, didn't tell me

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Do you know what kind of lawyer in CH?


Has anyone had an experiences related to health law in CH?
Best would be a litigation expert, they would be able to tell you whether it's worth suing (you should be able to receive the "compensation" from the dentist's legal insurance, but Swiss courts aren't that big on giving out moral damages.)

PM me if you need lawyer recommendations!
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Old 02.10.2019, 16:40
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Re: CH Dentist left broken equipment in my head, didn't tell me

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Hello all,

A CH dentist, while performing a root canal, broke a part of his instrument, left this piece of metal in the root of my tooth (visible on xray), didn't finish the procedure, covered it up as if everything was fine and complete, and didn't tell me.

Later, the tooth roots became infected in the bone and sinus and I had to pay four times the original price to have a specialist to redo the root canal.

My questions:

A broken instrument is known to happen and in places like the US is not considered "malpractice". However, not telling the patient, in places like the US, is considered not honoring a patient's right to "informed consent" (i.e. not giving them the full information that a medical professional knows, so that the patient is able to decide what to do next).

1) Does anyone know if there is a similar philosophy in CH and what would be the commonly accepted legal term like "informed consent"?

2) Does anyone know any more about the legalities about this in CH?

In the US, it is commonly accepted that if this happens (called a "separated file" or "separated instrument"), the dentist will immediately stop the procedure, inform the patient, not charge them for the incomplete disrupted procedure and immediately refer them to the specialist (called an endodontist) to fix the situation. Sometimes the dentist will even pay towards part of the cost of the endodontist treatment.

3) Does anyone know whether I can go back to the original CH dentist, tell them that they violated my rights by not telling me and not fully completing the root canal and ask for my money back for the original root canal?

4) Does anyone know the legal bodies that would help with this or what other possible recourse I could threaten this dentist for not behaving ethically?

5) Any other general advice, experiences or advice on this matter?


Thanks for any thoughts,

MakeABigWish





More detail for those who are interested:

I accidentally discovered that I had been living with a piece of dental equipment stuck in my head six years after the original root canal, when a second dentist discovered this on an xray when repairing a chip of the overlaying crown on the tooth.

I'm now fine but the specialist was unable to remove the broken instrument without doing further damage and so it will always remain in my head.
After 6 years you now decide to do something. Really it seems alot your fault. Why did you not as a first step go to back to the dentist that supposedly damaged your mouth? And the piece of metal left is in your mouth not in your head!
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Old 02.10.2019, 22:31
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Re: CH Dentist left broken equipment in my head, didn't tell me

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After 6 years you now decide to do something. Really it seems alot your fault. Why did you not as a first step go to back to the dentist that supposedly damaged your mouth? And the piece of metal left is in your mouth not in your head!
Your reply echoed my thoughts. I don't even think a lawyer would take the case on.
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Old 03.10.2019, 01:39
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Re: CH Dentist left broken equipment in my head, didn't tell me

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After 6 years you now decide to do something. Really it seems alot your fault. Why did you not as a first step go to back to the dentist that supposedly damaged your mouth? And the piece of metal left is in your mouth not in your head!
The fragment was found six years after the original procedure, which hardly is the OP's fault.

The upper jaw is a part of the skull, which, together with the lower jaw, is known as the head. However, I agree with you in that "in my head" sounds much more sensationalistic than "in my jaw" or "in my mouth".
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Old 03.10.2019, 06:27
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Re: CH Dentist left broken equipment in my head, didn't tell me

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Hello all,

A CH dentist, while performing a root canal, broke a part of his instrument, left this piece of metal in the root of my tooth (visible on xray), didn't finish the procedure, covered it up as if everything was fine and complete, and didn't tell me.

Later, the tooth roots became infected in the bone and sinus and I had to pay four times the original price to have a specialist to redo the root canal.

My questions:

A broken instrument is known to happen and in places like the US is not considered "malpractice". However, not telling the patient, in places like the US, is considered not honoring a patient's right to "informed consent" (i.e. not giving them the full information that a medical professional knows, so that the patient is able to decide what to do next).

1) Does anyone know if there is a similar philosophy in CH and what would be the commonly accepted legal term like "informed consent"?

2) Does anyone know any more about the legalities about this in CH?

In the US, it is commonly accepted that if this happens (called a "separated file" or "separated instrument"), the dentist will immediately stop the procedure, inform the patient, not charge them for the incomplete disrupted procedure and immediately refer them to the specialist (called an endodontist) to fix the situation. Sometimes the dentist will even pay towards part of the cost of the endodontist treatment.

3) Does anyone know whether I can go back to the original CH dentist, tell them that they violated my rights by not telling me and not fully completing the root canal and ask for my money back for the original root canal?

4) Does anyone know the legal bodies that would help with this or what other possible recourse I could threaten this dentist for not behaving ethically?

5) Any other general advice, experiences or advice on this matter?


Thanks for any thoughts,

MakeABigWish





More detail for those who are interested:

I accidentally discovered that I had been living with a piece of dental equipment stuck in my head six years after the original root canal, when a second dentist discovered this on an xray when repairing a chip of the overlaying crown on the tooth.

I'm now fine but the specialist was unable to remove the broken instrument without doing further damage and so it will always remain in my head.
Why did you not go to the same dentist after it got infected?
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Old 03.10.2019, 08:33
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Re: CH Dentist left broken equipment in my head, didn't tell me

Pain in that area can be difficult to identify the source. It can be dental or blocked / infected salivary glands. Often you think the wounds from the operation just need time to heal. It can take a lot of investigation to identifythe root cause.

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After 6 years you now decide to do something. Really it seems alot your fault. Why did you not as a first step go to back to the dentist that supposedly damaged your mouth? And the piece of metal left is in your mouth not in your head!
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Old 03.10.2019, 08:47
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Re: CH Dentist left broken equipment in my head, didn't tell me

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3) Does anyone know whether I can go back to the original CH dentist, tell them that they violated my rights by not telling me and not fully completing the root canal and ask for my money back for the original root canal?
.
Yes, go back to the original dentist and have a discussion, starting from your current complaints and the treatment you received from him.*
He could have referred you to an endodontist back then, but hey ho....
I really despise the medical staff that can't admit that some issues are better to be referred to a specialist. It would save anyone a lot of unnecessary health issues.

*let's see if he has the decency to admit he was wrong or will go out of his way to "demonstrate" you that, uhm, you know, basically it's your fault. Give him a chance. ;-)
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Old 03.10.2019, 08:57
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Re: CH Dentist left broken equipment in my head, didn't tell me

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Yes, go back to the original dentist and have a discussion, starting from your current complaints and the treatment you received from him.*
He could have referred you to an endodontist back then, but hey ho....
I really despise the medical staff that can't admit that some issues are better to be referred to a specialist. It would save anyone a lot of unnecessary health issues.

*let's see if he has the decency to admit he was wrong or will go out of his way to "demonstrate" you that, uhm, you know, basically it's your fault. Give him a chance. ;-)
If he has evidence to back up his claim. X rays,medical reports etc etc. Otherwise forget it
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Old 03.10.2019, 09:04
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Re: CH Dentist left broken equipment in my head, didn't tell me

The problem is surely proving that this piece of metal was from a dental instrument, and that the instrument in question was used by that particular dentist on that occasion, several years ago.

In answer to the people saying he should first contact the original dentist, I’m not sure what the point would be. The dentist would deny it — possibly quite rightly, who knows?

Unless the OP has compelling evidence of the original dentist's wrongdoing, the obvious advice is to turn it into a decent anecdote and move on.
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Old 03.10.2019, 13:07
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Re: CH Dentist left broken equipment in my head, didn't tell me

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The fragment was found six years after the original procedure, which hardly is the OP's fault.

The upper jaw is a part of the skull, which, together with the lower jaw, is known as the head. However, I agree with you in that "in my head" sounds much more sensationalistic than "in my jaw" or "in my mouth".
True, hardly the OP's fault.

But: Doesn't "something left" show on a x-ray? Is it possible someone has no x-ray on their teeth for 6 years? I have it done about every two years.
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Old 03.10.2019, 16:44
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Re: CH Dentist left broken equipment in my head, didn't tell me

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Not saying you're wrong .. But are you sure it's a broken instrument??

A root canal can involve a piece of metal being inserted into the root or into the bone, a support.. Another dentist saw a piece of metal on the x-ray, maybe it was meant to be there and hey, you just had an infection. He obviously didn't see it that well when he couldn't remove it.

The description also seems strange..
1: An infection led to the re-do of the root canal? But didn't discover the metal?? Maybe this dentist left something in there??
2: It was discovered by chance when a crown was being repaired? Before or after the second root canal?

If it seems odd to me, good luck with a lawyer!
I had a root canal ten years ago in another country and when an Xray was taken recently, they discovered an object near the root. It turns out that the "object" was actually a post to support the tooth structure as I had significant bone loss (an old basketball injury - namely, an elbow to my mouth ).

I had completely forgotten about the post and was concerned that the dentist left something by accident/mistake. It was only when my current dentist investigated, drilled and discovered the post that I remembered it being placed for a reason. Honestly, I have had so much dental work over the years, one procedure seems to blur into the next!
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Old 03.10.2019, 16:49
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Re: CH Dentist left broken equipment in my head, didn't tell me

No feedback from OP?
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Old 03.10.2019, 18:32
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Re: CH Dentist left broken equipment in my head, didn't tell me

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The problem is surely proving that this piece of metal was from a dental instrument, and that the instrument in question was used by that particular dentist on that occasion, several years ago.

In answer to the people saying he should first contact the original dentist, I’m not sure what the point would be. The dentist would deny it — possibly quite rightly, who knows?

Unless the OP has compelling evidence of the original dentist's wrongdoing, the obvious advice is to turn it into a decent anecdote and move on.
OP could first contact the practice and request a copy of all records including x-rays, without mentioning anything is wrong. Then he can see what it looked like 6 years ago after the procedure before deciding on next steps.
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