No matter how well-trained or experienced a dentist is, he or she can make a mistake. When that mistake is due to negligence — such as faulty preparation, incorrect diagnosis, or inattention to detail– it may constitute dental malpractice. While dental implants can fail for a number of reasons unrelated to your prosthodontist’s competence or performance, some failures are the dentist’s fault and the law requires accountability.
If you have been the victim of a failed dental implant caused by your dentist’s negligence, Lance Ehrenberg, Esq. of Dental & Podiatry Malpractice Lawyers of New York has the skills and determination to file a malpractice lawsuit and fight vigorously to seek justice on your behalf. You should be reassured by the fact that he has 35 years of experience in personal injury law and a solid history of successful outcomes.
What exactly is a dental implant?
A dental implant is a metal post that’s surgically attached to the jaw bone to support an artificial tooth. First, the dentist puts the implant post in place; then she or he mounts the replacement tooth on that post. Although dental implants are generally highly successful, it is estimated that from 5 to 10 percent of dental implants fail, either soon after the procedure is performed or, in some cases, months or years later.
Common Types of Dental Malpractice that May Cause Implant Failure
There are multiple ways a dentist can violate the duty of care owed to his or her patients, including:
Misdiagnosing and therefore mistreating the patient
Failing to take (or pay attention to) the patient’s medical history and/or any pre-existing conditions
Failing to explain any risks involved with the procedure to be performed or failing to get the patient’s informed consent
Miscalculating the amount of anesthesia or dosage of medication necessary
Failing to use appropriate and properly sterilized instruments
Failing to provide follow-up care or to recognize an incipient infection or disease
If your dentist’s treatment of you falls into one of these categories, you may have a viable dental malpractice lawsuit, regardless of whether your implants failed.
When Your Dentist’s Negligence Directly Caused Your Implant Failure
Placing dental implants is a delicate procedure that requires an experienced general dentist, periodontist, or oral surgeon. This is because it is imperative that the dentist use the proper number of implants to support tooth replacement. If too few implants are used, there may be excessive stress on the implant, resulting in a failed implant.
You may be interested to know that when a dentist violates the Hippocratic Oath — “First do no harm” — it is known as an iatrogenic trauma, a disease or symptoms induced in the patient by the medical professional. If you have suffered the extreme physical, emotional, and perhaps financial pain caused by a failed dental implant, you surely understand why the word “trauma” is used in this context.
Reasons Dental Implants Fail in General
There are a number of reasons dental implant surgery may be unsuccessful, even if the dentist uses extreme care during the procedure itself. These include the fact that the patient:
Has gum disease
Is a smoker (smokers have an implant failure rate of up to 20 percent)
Does not have sufficient jaw bone to hold the posts (e.g. due to osteoporosis)
Has an autoimmune disease (e.g. diabetes, rheumatoid arthritis)
Is taking certain medications, prescribed or over-the-counter, that reduce bone growth (e.g medications to prevent or relieve heartburn or some antidepressants)
Does not practice good oral hygiene
Failure to do bone grafting and allow the bone grafting enough time to heal
Failure to take appropriate radiology studies
Failure to have the patient cease smoking before and after the treatment
In spite of the fact that these causes of dental implant failure are not your dentist’s fault per se, the dentist may still be held accountable if your medical history was not taken or not paid attention to, or if you were not informed of your personal risks before the procedure.
If You’ve Had a Traumatic Experience with Failed Dental Implants, Contact Us
At Dental & Podiatry Malpractice Lawyers of New York, we know just how difficult it is to fight a dental malpractice case. We are fully prepared to leverage our comprehensive knowledge of dental malpractice law and our litigation skill against the clout of the dental lobby. We will do everything in our power to protect your rights.
About the Author
Of all the different areas in medical malpractice, it is podiatry malpractice that has had a particular interest to me. With 42 years practicing law and representing hundreds of victims of malpractice, I have created a law practice in which my clients are comfortable knowing that their case is being handled with my personal attention, in the most professional manner, and without unreasonable delays.
When it comes to dental implant failure, the responsibility usually lies with the dental implant manufacturer. The quality of a dental implant is essential to the success of the procedure. Poor-quality implants can cause a number of issues, including implant rejection, structural failure, and even infection.
It's possible you're a victim of malpractice or negligence. Fortunately, it won't come to this in most cases. No dentist wants to deal with a lawsuit that can cost them their license. So most will refund you when your implants fail, or give you credit towards an alternative dental procedure.
Examples of dental malpractice include botched procedures (such as root canals and tooth extractions), defective or faulty bridge and crown installation, failure to diagnose or treat a condition, and improper anesthesia administration.
Failure to diagnose conditions such as oral cancer or periodontal disease. Failure to advise patient of diagnosis. Improper diagnosis. Lack of informed consent.
Generally, an oral surgeon will remove the implant, determine if your gums or bone require treatment, and allow the area to heal. An experienced surgeon can determine the cause of implant failure and explain how to resolve it. Experts classify dental implant failure as early or short-term and late or long-term failure.
If an implant needs to be replaced, they will take it out and gently clean the area. If the bone is intact around the area of the removed implant, no bone graft will be necessary. If there is bone loss, we may place a bone graft to improve the site for replacing the implant.
Guarantees cannot be given, as the health of the teeth are up to the patient and are out of control of one's dentist. Keeping up with dental visits is necessary to care for a dental implant. Seeing a dentist every 6 months or more will help your dental surgery to last.
For private treatment contact the Dental Complaints Service. They can help you resolve the issue and support discussions which may lead to an offer to refund or provide remedial treatment. If you had private treatment through a dental plan, you should contact your plan provider, as they will have a complaints process.
So long as your damages were caused by the negligence of your dentist, any or all of the above may be considered reasonable in a dental negligence case. However, proving these can be difficult in some cases, and it may be necessary to secure the testimony of experts in various fields to help back your claim.
The four Ds of medical malpractice are duty, dereliction (negligence or deviation from the standard of care), damages, and direct cause. Each of these four elements must be proved to have been present, based on a preponderance of the evidence, for malpractice to be found.
Common examples include injury novocaine or anesthesia problems, injuries to the oral nerves, infections, improper tooth extractions and even wrongful death due to complications of dental injuries.
Every situation is different, meaning there's no set amount for what the average settlement for dental negligence is. It's common for settlements to average between £10,000 and £12,000 – however, it's highly dependent on the situation itself, so this isn't a given.
The principle of contributory negligence refers to the legal concept where someone's own negligence contributes to their injury and may limit or deny their capacity to file a claim for damages. In a dental practice, an example could involve a patient who fails to follow aftercare instructions after a dental procedure.
Dental implants have a high success rate, but some people experience dental implant failure. It's estimated that about 5 to 10 percent of dental implants fail, either shortly after a procedure or months or years later.
If your dental implant has failed, your dentist may need to remove it in order to preserve your oral health. Keep reading to learn about what you can expect when removing a failed implant in West Orange.
Things like hard candy, fingernails and ice can easily lead to an implant crown becoming chipped, cracked or broken. A damaged implant crown is not classified as a dental emergency unless the damage leads to jagged edges that can damage soft tissues in the mouth.
However, if your jaw bone is not strong enough, the procedure can put excess stress on it, which can cause implant failure. You can detect this by having an x-ray which will indicate micro-movements of the implant. Dental implants are made of titanium alloy, which causes allergic reactions to some people.
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