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The News God > Blog > Lifestyle & Health > Dental Implants: What Are Your Legal Rights if Things Go Wrong?
Lifestyle & Health

Dental Implants: What Are Your Legal Rights if Things Go Wrong?

Rose Tillerson Bankson
Last updated: June 15, 2024 6:20 pm
Rose Tillerson Bankson - Editor
June 15, 2024
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6 Min Read
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Have you gotten dental implants that went wrong? You’re probably wondering what legal rights you have if you end up with dental implant complications or failure. This is an important question if you’re unhappy with the results and want to explore your options. Getting implants can be a big investment in terms of money, time, and impact on your life. So, you want to ensure you understand your rights upfront before committing. Even if you hope for the best, it’s wise to educate yourself just in case. We’ll learn the key things about your legal protections and recourse if you run into problems with Austin dental implants or elsewhere. You’ll learn your rights, steps to take, and how the law protects patients. Arm yourself with the knowledge to make the most informed choices about your dental health and well-being.

Your Legal Rights as a Dental Implant Patient

Infection

There is a risk of infection after any oral surgery, but the risk is slightly higher with dental implants. Watch for swelling, redness, or pus around the implant site. You may need antibiotics to clear up an infection before continuing treatment.

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Nerve Damage

The placement of dental implants requires drilling into the jawbone. This can potentially damage nerves in the area, causing numbness, pain, or a tingling sensation in the lips, chin, or gums. Nerve damage is often temporary but can sometimes become permanent. 

Failure to Integrate 

For dental implants to work, the bone must fuse to the implant in osseointegration. The procedure must be redone if the bone fails to integrate with the implant. Smoking, diabetes, and certain medications can slow or prevent osseointegration.

Loosening or Falling Out

Even with successful osseointegration, the bone can loosen over time and cause the implant to fall out. This is more likely if you grind or clench your teeth, eat very hard or sticky foods, or do not practice good oral hygiene. Regular dental exams and X-rays help detect any loosening early on.

While complications are unlikely with an experienced dentist, it’s important to understand the risks. Be sure to follow all post-operative care instructions carefully to minimize problems and give your new implants the best chance of success. With proper care and maintenance, dental implants can last a lifetime.

FAQs on Dental Implants: What to Do if Things Go Wrong

As a dental implant patient, you have certain rights to ensure proper treatment and care. If your procedure goes wrong or you experience complications, knowing your options for pursuing legal action is important.

Right to Informed Consent

Before any treatment begins, your dentist must explain the details of the procedure, risks, benefits, and alternatives so you can provide informed consent. If risks were not properly disclosed or you were misinformed about aspects of the treatment, you may have grounds for a lawsuit.  

Right to Proper Treatment

You have the right to treatment that meets the standard of care in the dental industry. If your dentist makes mistakes during surgery, uses defective equipment or materials, or is generally negligent, resulting in harm to you, you can pursue compensation. The statute of limitations in Texas for dental malpractice is 2 years.

Options for Recourse

If you believe you have suffered harm due to poor treatment or lack of informed consent, you have options: 

  • File a complaint with the State Board of Dental Examiners to review possible disciplinary action against the dentist.
  • Pursue a medical malpractice lawsuit to recover damages related to additional medical bills, lost wages, pain, and suffering. 
  • Negotiate an out-of-court settlement with the dentist to avoid a lengthy legal process.

Knowing your rights and options can help give you peace of mind before, during, and after any dental implant procedure. Don’t hesitate to ask your dentist questions, and seek legal counsel if needed. Your health and well-being should be the top priority.

Conclusion

If you encounter complications with dental implants, knowing your legal rights and options is crucial. Understanding the potential risks and being informed about the standards of care in the dental industry can empower you to take appropriate actions if things go wrong. Whether seeking remedial treatment, filing a complaint with regulatory authorities, or pursuing legal recourse through medical malpractice claims, being equipped with the right knowledge allows you to advocate effectively for your health and legal rights. Remember, your well-being is paramount, and you can seek compensation for any negligence or harm suffered. Consult a qualified legal professional to explore your options if your dental implant procedure was mishandled.

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