Community › Forums › Legal Advice India › Medical negligence
- This topic has 11 replies, 4 voices, and was last updated 1 year, 3 months ago by
Desishark6045.
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UUser_da7b5f75
PARTICIPANT
March 3, 2025 at 7:50 amHello, over ten years ago when I was still a minor, I had a dentist perform a root canal treatment on me, while injecting something the needle broke and got lodged in my tooth, the doctor told me in clear words, “the needle broke but it will act as a filler” and she sealed up the tooth, over the years I’ve had some paid and the gums around the tooth appear infected now, I didn’t know if it until recently I got an X-ray and the needle is visible there, after putting two and two together I am absolutely baffled how a doctor could leave a sharp object such as a needle in such an import part of the body like the mouth, words can’t describe how upset I am, I remember the doctor who did this and know exactly where she works now. My questions is what is the legal action I can take after this long? -
DDesishark6045
PARTICIPANT
March 3, 2025 at 8:12 amThis is 100% win legally.But you need to prove it was through her treatment. Do you have any documentation from that time with regards to the procedure done by her?
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UUser_da7b5f75
OP
March 3, 2025 at 8:31 amUnfortunately I don’t, it was so long ago I’m pretty sure it was never even documented, I attended the clinic and she took payment and maybe scribbled something down somewhere all I have are witnesses-
DDesishark6045
PARTICIPANT
March 3, 2025 at 8:33 amThen best to forget the incident and try to get treated for the same-
UUser_da7b5f75
OP
March 3, 2025 at 8:37 amIf I can somehow get evidence, can a case be filed after this long is my main question-
DDesishark6045
PARTICIPANT
March 3, 2025 at 8:39 amOfcourse you can.You have identified that you have been a victim of medical negligence after these many years on repeat scan only.
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SShivanshpanda417
PARTICIPANT
March 3, 2025 at 10:34 amAdvocate here, file an FIR for medical negligence.-
UUser_da7b5f75
OP
March 3, 2025 at 1:30 pmHi Thankyou, I want to do that but I don’t have any evidence yet, should I proceed?-
SShivanshpanda417
PARTICIPANT
March 3, 2025 at 4:48 pmWhere are you based out of?-
UUser_da7b5f75
OP
March 3, 2025 at 5:16 pmMumbai
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UUser_0cc2d2cd
PARTICIPANT
March 4, 2025 at 1:05 pmA broken instrument in the root canal is not a needle. Instruments occasionally break while widening the canal and can be left in situ as a sealant. There are many articles in professional journals re this. In addition she had also informed you about this. This is not negligence.-
UUser_da7b5f75
OP
March 4, 2025 at 7:35 pmI’m not knowledgeable on that, could you reference those articles for me?
Would it not be considered negligence if I’ve suffered an infection all these years and now have to get extensive treatment to resolve it?
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