What to do regarding dental malpractice?

UPDATED: Oct 1, 2022

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What to do regarding dental malpractice?

My grandfather who is 77 went in to a dentistry to get implants for dentures. He has the procedure done but the implants were not secured and they came out. He went in for another implant and that came out. The last time he went in for the implant, it was implanted into his sinuses which caused him to have to get an oral surgery to correct it. After the surgery was complete and he had healed, he went to the same dentist as he paid $15,000 to get the implants. The dentist had told him that he was sued and lost his license for implants and that he would not be doing the implant. He also refused to give a refund of the $15,000, even after

everything had fallen apart. I need to know if I can move forward with a malpractice suit against this dentist?

Asked on December 21, 2018 under Malpractice Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

YOU can't sue the dentist--it is not your legal claim (you were not the person injured or who had the treatment); however, your grandfather could sue. Malpractice (medical or dental) is the provision of medical care which does not meet accepted standards of care or which is unreasonably careless (negligent). The care you describe appears to be malpractice. He could potentially sue for some or all his money back; for anything he paid for the oral surgery; and for "pain and suffering" for the pain and impairment he experienced. He may wish to consult with a medical malpractice attorney to evaluate what his case may be worth and whether it would be worth pursuing it. Note that if the dentist lost his license and did not have adequate insurance, it may be impossible for your grandfather to collect compensation from him even if your grandfather wins: a winning lawsuit does not make money appear where there is none.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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