What are my rights regarding the failure of a dental implant?

My dentist placed a dental implant which failed a month later. The dentist said that just happens sometimes and will not refund my money. I was concerned and had another dentist check the site and was advised the implant failed due to severe periodontist disease and I was not a candidate for the implant Do I have any .recourse?

Asked on March 20, 2017 under Malpractice Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If it was negligent, or unreasonably careless medical practice, to give you the implant due to your periodontic disease, this may have been malpractice, and you may be entitled to compensation regarding additional medical costs (e.g. to correct the situation) you incur; and/or if this has a major negative effect on your life lasing, say, months or more, you may be entitled to some amount for "pain and suffering." 
However:
1) You'd have to be able to prove it was wrong (e.g. careless) to give you the implant;
2) To do this, you'd have to hire a medical/dental expert--such as the other dentist--to write a report and also, at need, testify for you in court and/or at a deposition. This can cost thousands of dollars, and you'd have to bear the cost; therefore, it is not clear that this is economically worthwhile to bring a case, unless you have very severe, very long lasting problems from the implant and/or *very* large out-of-pocket medical bills.


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