Legal Question in Medical Malpractice in New York

Dental Malpractice

May 2006. I found a dentist who offered to replace all of my upper teth (I had 7 left) with a permanent prosthesis (All on 4 by Nobel Biocare), placed on implants, for $21,000. Procedure was supposed to be complete in 2 months.

Jan 2007, finally done. Teeth fall apart within 1 week.

Feb 2008 After experimenting on me for almost 2 years, final prosthesis is ready. Seems fine.

April 2009. Prosthesis falls apart again, after 14 months of use.

Do I have any options?


Asked on 4/06/09, 6:19 pm

2 Answers from Attorneys

Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: Dental Malpractice

I am a dental malpractice attorney. I can tell you that these cases are extremely hard to litigate and if you are over a certain age and female, your case could be almost impossible to litigate. This is because of bone loss that is associated with the aging process.

However, if you are interested in looking into your case and talking to a dental malpractice attorney, please contact my office.

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Answered on 4/06/09, 6:37 pm

Re: Dental Malpractice

There is a two and one half year statute of limitations for dental malpractice claims, starting from the date of the negligent act, not when the implant broke apart. Can't tell from your description whether you were continously treated by the one dentist, or whether there was a significant gap between procedures. Another fundamental issue is whether yours is a bad result or the product of malpractice. The latter is actionable. It will take an independent dentist to perform an exam and review all the records to give you the answer. Best, M. E. Zuller

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Answered on 4/06/09, 8:04 pm


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