Infection due to extra cement on dental implant

[gandicor]

What is the name of your state (only U.S. law)? NJ

About 5 years ago I broke my upper right central tooth and had to have a 16mm screw installed in addition to a dental implant. My periodontist installed the screw and then my dentist installed the implant. It was fine until about a year ago when I had slight pain and then after going to a different dentist for a cleaning he diagnosed me with an infection. He prescribed me antibiotics and said he would check up on me in 6 months after another visit. I did not want to wait so I contacted my periodontist who installed the screw. He wanted me to immediately come in to inspect it in case of failure. After a few Xrays he concluded that the screw was fine but that the implant had excess cement on it which allowed infection to get behind my gums. He was able to numb my mouth and scrap the excess cement out from inside my gums and then inject more antibiotics directly into the gum. He said that it should be fine but if it returns that he would have to do more evasive surgery to remove anything that he could not get to this time around. This was a month ago and most of the pain is completely gone but I am wondering if I could sue the original dentist and win. The reasons would be for the $450 I had to pay my periodontist for that small but painful procedure or the possible evasive procedure that might have to be done in the future. Every time I chew something I am now conscience of a possible problem.

 

[OHRoadwarrior]

Unless you can prove you brush, floss and gargle every day, twice a day as dentists recommend, you have a major uphill battle to even get in the door after 4 years.

 

[gandicor]

Unless you can prove you brush, floss and gargle every day, twice a day as dentists recommend, you have a major uphill battle to even get in the door after 4 years.

I have an X ray showing excess cement spilling out of the implant where it is NOT supposed to be. This is what I had to pay to have removed. Also, there was excess cement found on teeth towards the back of my mouth that had nothing to do with the procedure and were not part of anything else I have had done since I actually have had nothing else done.

My teeth are perfect aside from this one. Would it be possible to never have a cavity or gum problem except for in this specific area if it wasn't related to the cement?

 

[OHRoadwarrior]

Generally speaking, the statute of limitations on med mal in NJ is 2 years. That said, the law allows it to toll from the time a patient first becomes aware or should have become aware. Though this is not a lottery winner, it sounds like it might be worth taking the time to talk to a local lawyer about.

 

[tranquility]

Even if the statute is not blown, the cost of the expert to prove the care fell below standard will be more than the suit. I've heard some say small claims is more informal and you don't need to prove malpractice elements. I don't think so, but don't know for sure.

 

[OHRoadwarrior]

I was thinking of one of those bottom feeder lawyers, who will write a threatening letter demanding a thousand or two.

Even if the statute is not blown, the cost of the expert to prove the care fell below standard will be more than the suit. I've heard some say small claims is more informal and you don't need to prove malpractice elements. I don't think so, but don't know for sure.

 

[tinaseals]

issue of contibutory negligence

You asked if you could sue the first doctor for malpractice.

YES, but your up against a heavy burden and facing the issue of repeated contributory negligence. First of all its dangerous, for this reason, to add on to another physicians work, unless you start completely over.

Naturally the last one is going to blame the first two but it sounds like they all contributed to the pain, suffering and infection.

Also you may have a problem proving who contributed most because, unless documented, withphotos, xrays, which substantiate your claim, the cement was removed.

 

[Sloop John D]

I think it's harder to prove a breach of duty for negligence in a medical case. I believe it usually needs to be gross negligence instead of just ordinary negligence. Putting too much cement in the gum line may have been a mistake, but I have doubts that it would rise to the level of gross negligence.

And while it's true that small claims is a far more informal setting, the judges are mainly lenient with evidence rules and other procedural issues. They're still unlikely to provide any compensation if you can't satisfy your burden of proof in satisfying the appropriate elements.

 

[ecmst12]

Small claims is not the appropriate venue for a malpractice case.

 

[Proserpina]

Small claims is not the appropriate venue for a malpractice case.

tina has been all OVER the place posting inaccurate info. She's claiming to be "almost" an attorney.

But, I do agree with your statement

 

[I'mTheFather]

tina has been all OVER the place posting inaccurate info. She's claiming to be "almost" an attorney.

She's an interesting character, for sure. I suspect she's also "almost" sane.

 

[tranquility]

You asked if you could sue the first doctor for malpractice.

YES, but your up against a heavy burden and facing the issue of repeated contributory negligence. First of all its dangerous, for this reason, to add on to another physicians work, unless you start completely over.

Naturally the last one is going to blame the first two but it sounds like they all contributed to the pain, suffering and infection.

Also you may have a problem proving who contributed most because, unless documented, withphotos, xrays, which substantiate your claim, the cement was removed.

I've read four of this kind of rubbish from tinaseals. Goodness. "Repeated contributory negligence"? Huh?

As to the rest, even with documentation, you NEED an expert. As a matter of law. Documentation is not enough. Sheesh.