Dental Malpractice in Root Canal Procedure?

by Dale
(Hemet, CA, USA)

I went to the dentist about 3 years ago to get a root canal. The dentist did the work and filled the tooth. Ever since the procedure I've had horrible pain in my tooth and jaw. The dentist said the pain is normal. My fear of going to a dentist again was high but today I went to a new dentist due to the pain and needed work done. The new dentist found that the first dentist broke a file off in my tooth and it's wedged in my jaw. He recommended I see a specialist.

Is there anything I can do? Is this dental malpractice? Does the first dentist owe me compensation for the pain I've been in these past 3 years due to his negligence? Thank you.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Dental Malpractice in Root Canal Procedure?":

Dale (Hemet, CA, USA):

Unfortunately the Statute of Limitations, or "time period" in the State of California within which a person has to either settle a personal injury claim or file a lawsuit is one (1) year. As a result, your time to pursue any lawsuit or other civil claim against the dentist has long passed.

If you are still determined to pursue a claim against the dentist contact the Dental Board for the State of California. Their web site is

You can go through their web site to file a complaint against the dentist. Fortunately in the State of California there isn't a Statute of Limitations on complaints of dental malpractice.

Although we have offered you the web site of the California Dental Board we are not, under the limited facts you present, agreeing with or supporting your claim of dental malpractice. That issue will be solely within the jurisdiction of the Dental Board.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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