Legal Question in Medical Malpractice in New York
dental implant
Before the dental implant, my wife received bone grafting but the doctor did not put a
membrane(most probobaly fogetting) over the artifical bones. When we came back for implanting after 3 months, the
doctor told us the bone was too soft to hold the artificial tooth root and a membrane was needed. It wasn't put in previously because he thought it is unnecessary at that time.
Then he took the bones out the repeated the whole procedure, putting a membrane this time. My wife had to go through the painful process again and had her mouth swallen for another week.
If it is because of my wife's personal reasons(health conditions and so on) that the bone grafting failed, why the dentist repeat the process(just add a membrane)intead of seeking other alternative curing plan and told us the implant is still feasible? Won't it fail again(because of the same reason)��
If it is not the personal reasons and a membrane is really needed, why didn't he put in the very first time and caused my wife so many unnecessary pains?
Is amembrane really necessary for the dental bone grafting? Can we sue him for his negligence?
2 Answers from Attorneys
Re: dental implant
In order to know if you have a viable dental malpractice case, we would have to review the medical records and have them reviewed by an expert. Please feel free to contact me to discuss your case. The statute of limitations in New York for dental malpractice is 2 and one-half years from the time of the malpractice; the statute can be extended if there is continuous treatment.
Re: dental implant
Keep in mind that you need an affidavit from a licensed physician or dentist attesting that your case has merit in order to file a med mal case.
Moreover you need to be able to establish that the dentist deviated from the standards of reasonable dentists in the community. You cannot do that without an expert, and the answer to your question is actually best answered by another dentist who practices in the same geographical area.
If, given the same circumstances, health risks, etc., most reasonable dentists would have inserted the membrane the first try, then you may have a case. But you need to have another dentist review all the records and give you an opinion.
See an attorney who is experienced in med mal and who may be able to refer you to somebody who is an experienced dentist with the qualifications to give an opinion on this subject.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
