What to do regarding injuries sustained as a result of a botched dental implant procedure?

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What to do regarding injuries sustained as a result of a botched dental implant procedure?

The dentist dropped the implant crown directly down into my trachea because he didn’t place any item (like gauze squares) in back of my mouth to prevent this kind of accident. I was sent to hospital emergency room. I stayed in the ER from 4 pm -11pm. They took 2 X-rays and then I had to have a 2-hour surgery to take the crown out from trachea (but it was dropped again down to the stomach and it finally came out by bowel movement 3 days later). My throat was extremely sore (it was bloody red swollen), it had 6 or 7 white spots on it because of the surgery, and I could not eat anything but soft noodle or rice-soup for 2 weeks. I also suffered physical/emotional pain (I was worried, fearful, depressed, had insomnia, etc.).

Asked on August 15, 2013 under Malpractice Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In order to successfully bring suit in a malpractice case, you must first show that damages (i.e. injuries) were caused due to the negligence (or intentional act) of a medical professional. In your case, you definitely suffered damages; you list several injuries some of which even required hospitalization and surgery. As to the issue of negligence, if it can be proven that in performing the procedure in question, your dentist violated the accepted standard of care regarding implants, then you appear to have a case.

At this point, you should consult directly wiih an attorney in your area who specilizes in malpractice actions. They can best advise as to your collecting what you may be owed. Such consultations are typically at no charge.


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