Would like to know my options for dentist who performed dental implants on diabetic without any informed consent, without checking my blood sugar - if safe to proceed. Result was implants failed and four years of pain and suffering. Would appreciate free consultation re: malpractice suit.
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This reply is made in response to a question posted on a public message board. This response is for general information only. This response does not create an attorney-client relationship. You have not hired the responding attorney and the responding attorney has not agreed to represent you.
All cases of professional negligence must be filed with the court within a certain time or all rights to make a claim are forever lost. You should only rely on an attorney from your state with regard to statute of limitations questions. I am not from your state. My understanding however that in your state actions against health care providers must be filed within two years and six months after the date of the act that gave rise to the injury occurred.
If you feel this is the "best" answer or is "helpful," please indicate. Since I am limited to the information you provide, I cannot guarantee the accuracy of the answer. You should seek the advise of an attorney who can explore all aspects of your question. This communication does not form an attorney client relationship.
Initially, it is noted that you are referring to dental treatment that occurred at least 4 years ago. The statute of limitations for the bringing of a dental malpractice case in NY is 2.5 years, which time period begins to run as of the date of the alleged act of malpractice, or the date you last saw the dentist for that particular issue /problem. Subject to any details you may have not included, it would seem that you may well be time barred from suing. Note that a claim of "lack of informed consent" is distinct from a claim of malpractice (although the same statute of limitations applies). Additionally, the failure of a dental treatment does not automatically mean that malpractice was committed. You mentioned that the implants were performed without checking your blood sugar level, but you do not indicate that you suffered any injury from the procedure because of that. Without an ascertainable injury (the failure of you implants is not actually an injury, and not one sufficient enough to warrant the time and expense of a medical malpractice case) due to the act of malpractice, a case would not be successful. I bring up the above points just so you can be prepared to discuss these issues with any attorney you consult with. Know that all attorneys in this field give free consultations. Use the AVVO "find a lawyer" tab to locate one near you.
You need to provide more information. Were you being treated with that doctor for the 4 years concerning the implants? Do you know why the implants failed? If you have not treated with that doctor within the last 2 1/2 years you time to sue has most likely expired. How long after they were placed did the implants fail? Implants fail often for non negligent reasons.
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