Is leaving the roots to a pulled tooth ground for malpractice? If so how long is the statute... in Michigan?

I had a tooth pulled in Oct. of 2006. At first everything was fine. After a few weeks it felt as if some thing was left in the "hole". I called the dentist office and was told some times bone fragments are left, but will work them selves out, and not to worrie. Last week I began to have a lot of pain from that area, and went to see a dentist for an Emergency visit. They took an x-ray. Two large pieces of root were left intact. Does this happen a lot when teeth are pulled or do I have grounds for a lawsuit? I never returned to the dentist that pulled the tooth, my mother was there for a visit and noticed that the dentist wore the same gloves while going from patient to patient.

Is leaving the roots to a pulled tooth ground for malpractice? If so how long is the statute... in Michigan?
Will, this is definitely grounds for your money back and money to pay for the ER visit and any bills acquired b/c of this. You may have a law suit. However, You should first discuss this with the dentist and show the x-ray so you can get your money back and if he is unwilling to pay the ER visit/etc then you may want to sue. The gloves thing I have seen before usually with older dentists who didn't wear gloves at all when practicing and have a hard time remembering all the new rules. However, that does not make this OK. If you can't practice dentistry correctly, then it is time to retire. You should try to take the x-ray to him and discuss it before having the root removed if possible so you have proof if any questions arise.
Reply:First, while the leaving of a tooth fragment in a socket may not legally constitute malpractice, it certainly makes the dentist responsible for the cost of what ever fees you had to pay someone else to complete the service the first dentist charged you for. Send him a copy of the receipt from the second dentist showing the fee you paid and what the fee was for. Very business like tell him that you expect full reimbursement with in 30 day's. Tell him that a copy of this demand has been forwarded to the State Dental Board and that if he fails to meet your demand you will take appropriate legal action and add pain and suffering and legal fees to the action. On top of this, if part of his fee was paid through a dental insurance provider you should file a complaint with the insurance company......Now, why in the world would your mother go to this Dentists after learning of your experience, and while there are regulations in place about using the same exam gloves on different patients, how could she know that this took place. That's a serious charge and should be substantiated by additional witnesses if you take it public.