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Do I have a malpractice against my periodontist for an implant that was put in wrong, costing thousands to fix?

Harrisburg, PA |

It the metal to attach the implant to was literally coming out of my gums where I could see it, also casing gum damage that cost even more time and pain to fix with gum grrafts. I moved and left his practice with a bad taste in my mouth becaseu when he was doing the original implant it became infected after he removed the borken tooth and he charged me for the extra time and infection ($900 roughly) after I paid for the whole procedure up front!
I'm now in PA and had to have old metal implant removed and Dr. took pictures in case I wanted to prove malpratice since my new dental insurance doesnt cover them. I'm now paying close to 8K for all of this work to fix and many hours in oral operations.
Any advice would be appreciated, thanks.

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Attorney answers 5


I am sorry to hear about your situation. If your dentist, in fact, put the implant in incorrectly, resulting in an infection, and the need for a subsequent restoration, you may have a very good dental malpractice claim. The fact that you knew Dentist took photographs will be very helpful.
In your note, you state that you are now in Pennsylvania. You should know, however, that a dental malpractice claim will have to be brought in the state where the original dental work was performed. All cases are governed by statute of limitations. It is important to determine when the statue limitations began to run in your case. You should consult with an attorney specializing in medical malpractice in the state where this incident occurred.


I am sorry to hear about this. I recommend seeing a lawyer as soon as possible. A lawyer, in cooperation with an expert physician, will have to review the medical records and photographs to determine whether the periodontist was negligent.

A lawyer will also have to determine whether there are sufficient damages to justify pursuing the case. Although you have thousands of dollars in out of pocket expenses, litigation can be expensive, so the costs of pursuit must be weighed against the likely recovery. Finally, if you have any visible scarring or injuries, you should take photographs. Keep copies of any outstanding bills or out of pocket costs. Good luck.

This answer does not create an attorney/client relationship and is for informational and educational purposes only.


There are several points I could make about your case. But the most definitive is about the damage model. A common difficulty with pursing dental malpractice claims is that the damage model is too limited. Let me explain.

Malpractice cases cost tens of thousands of dollars to pursue. Your lawyer must hire expert witnesses, take depos, pay court reports, pay filing fees, incur travel costs, etc. The experts are the really expensive part. Most dental injuries take less than $20k to fix. Your pain and suffering is going to be evaluated by the jury as a sort of multiplier off your medical expenses. An attorney evaluating a potential new case needs to see that the damage model exceeds $100,000 usually, just so that the cost of financing the litigation will be covered (and this is before attorney fees are paid and....of course...get something for the client). Most dental cases are not economically justifiable to pursue because a reasonable settlement value of the case is less than $25k. Therefore, your attorney will spend more than the expected case value...and the client gets zip. Terrible scenario that most attorneys work hard to avoid.

I'm not a PA lawyer so I can't can't speak with particular authority of course. I do not know the PA law nor the statute of limitations. Talk to a local attorney to get competent advice,


The only way to ascertain whether there was malpractice is to retain a malpractice lawyer who will order the medical records and send to an expert to ascertain whether there was a breach of the standard of care.

I'm sorry, but our firm only handles serious birth injury, failure to diagnose cancer, and wrong site surgery type medical malpractice cases, but you can search Avvo for a malpractice lawyer in PA.

The answer does not create an attorney/client relationship and is for informational purposes only.

Lassen Law Firm
1515 Market St #1510
Philadelphia, PA 19102

Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755


Would you consider sharing the type of implant you had? Thank you.

Please note that we are not forming an attorney - client relationship and the advice is meant to be general. Law Offices of Joel J. Kofsky 1616 Walnut Street Suite 2110 Philadelphia, PA 19103



Looked pretty much like a common screw, and was inserted into bone that was placed in empty cavity where other tooth was pulled (up to right undermy eye socket) I can ask my current periodontist if you need more specifics/ Thank you

Joel Jay Kofsky

Joel Jay Kofsky


There has been some implant litigation...why I asked.

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