implant wrongdoing and seeking for advice

I had implant done on tooth #10 in the middle of April, 2008. the doctor who is a general dentist did extraction and put the implant the same day.I had mild swollen during the first two days after the surgery, and after that, no pain, no swollen. etc.

strange things happen, my front gum which cover the implant don't grow and the hole under the implant dose not close . From the x-ray of my implant, I found that my implant is too close to tooth #9 and the bone in between my implant and tooth #9 not grow much to integrate with the implant.  

I could also see the implant through my front gum, the gray color show off.

I deeply worried and began to consult with some oral surgeons and some implant specialist. When they see the x-ray, all their first reaction is: This implant is not good. So, they requested a CT Scan to see the implant 3-dimension.

There is no bone to cover the outer side of my implant AT ALL.

Oral surgeon said this implant definitely need to be taken out. otherwise, it will damage my gum and will bring other problems. SO, I will ask an oral surgeon to take my implant out, do bone graft, and redo implant again. Which means I have to go through a serious of painful and lengthy process again.

I don't want to give the doctor who did implant for me a hard time, as far as he full refund me, I will let him go.
But what I could do to reasonably protect myself if the doctor who did implant for me don't refund me? What other action I could do ? Thanks.

[lynn117]

usually you sign paperwork that eliminates any claim against the dentist. if this is the case you will get nothing.if there is no release signed it is very hard to prove the dentist is at fault since there are a variety of risk factors for every dental procedure. its also difficult to find a dentist to testify against another dentist in court which makes lawyers antsy against accepting such cases. there are several places you could file a report against malpractice each state varies but they only investigate the dentist and do not help you get your money back.

[hoho603]

I did remember I signed some kind of paper work, which might the one you mentioned : "eliminates any claim against the dentist".

if so, then it looks like I won't be able to get my money back, but I will definitely to file a report to let the corresponding organization to investigate this dentist.

which society issue license to the dentist? is it local ADA? I could not find that dentist name on the ADA directory.

[hoho603]

"if there is no release signed it is very hard to prove the dentist is at fault"

what do you mean "if there is no release signed"???

[JennyLouisiana]

Good luck in getting your money back.  Most do not "warranty" their work and papers are signed.  Your best bet is to always have implants put in by a oral surgeon.  I truly hope everything works out for you.

[kayla276]

Find out what your statute of limitations are in your state inwhich you live and take him to small claims court.  You might have to get an Affidavit (sworn statment)from your new dentist regarding the shoddy work that was done to prove anything. This is what I have to do.  I have two ill fitting crowns still in my mouth. The best thing you can do right now is notify your state dental board asap so they can investigate the situation also.   I did this also.  

It is crazy how alot of dentists are getting away with doing substandard work and you have to pay the price to have it redone and there is no recourse against them.  I hope one day this will be changed thorugh congress's eyes.  

My attorney told me to call my dentist and try to reconcile with him, lol  all he did was lie.      I have a gap between my two teeth caused by him.  

Believe me, it isn't fun being in pain and trying to tell a dentist he did wrong and trying to investigating all your options while still in pain.   Attorneys do not even want to take the cases most of the time.  Your's might be a little different I am not sure.

[kayla276]

I found out something just the other day,  find your local (county) dental society and write them a letter, this is really the first step you should take but no one told me this until now. http://www.dentalwatch.org/reg/complaints.html   and http://www.discountdental4u.net/complaints.htm