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Hi,
Swallowing of instrument (eg.files) due to doctors negligence would definitely be included in dental legal cases,though it would be rare possibility and insurance companies do offer professional indemnity cover for doctors.
Regards.
Differentiate between error in judgement and negligence. If unfortunately if a patient swallows an endo instrument than immediately the patient must be informed and reassured. Find out whether where the instrument is in the trachea or the oesophagus. If it is in the wind pipe than it could be a medical emergency.
Than refer the patient to an appropriate facility. Make detailed entries on the patients papers and preserve the records with you.
Follow up regularly on the case.
Medical mishaps are not negilgence. Not doing anything about them is negligence.
Finally, before starting any case analyse the psychological profile of the patient. If you feel that the patient is too demanding or a difficult patient than do not start with the case.
Hope this helps.
Regards,
Veeren