Dental Malpractice After a Failed Implant

Francisco v. Dentist

This dental malpractice lawsuit was filed in Montgomery County after a Chevy Chase plaintiff’s dental implants were improperly done. It was filed in Health Claims Arbitration on January 30, 2017, and is the 48^th medical malpractice case (3^rd dental malpractice case) filed in 2017.

Summary of Plaintiff’s Allegations

Plaintiff is injured at work, and two of his upper teeth are broken near his gum line. A month later, he goes to defendant dentist in Montgomery County who removes the remainder of the two teeth and places root form implants in their place.

After six months, the plaintiff returns to dentist. The dentist places porcelain crowns on top of both of the implants. Two months later, the plaintiff began to have mobility around one of the implants, and it looked like the crown is separating from the implant, so he returns to dentist.

The dentist makes a few attempts to remove the crown, performing excessive curettage of plaintiff’s gum tissue around the implant, and injures the tissue. After this, the plaintiff goes to a maxillofacial and oral surgery, who finds that the implant needs to be extracted due to crested bone resorption, inadequate buccal bone over the implant, and gingival recession. Additionally, the other implant has to be extractive due to the excessive curettage of the gingival tissues.

Additional Comments

• This is a little bit different than most of the dental malpractice cases we see. At least three-fourths of these cases are nerve injury claims.
• Dentists commit malpractice all of the time. Yet they are rarely called to the mat to account for their mistakes. Why? It is hard to find a lawyer willing to take these cases where the patient suffered real harm but does not have a meaningful permanent injury. The cost of bringing a malpractice case can be significant, so a lot of lawyers shy away from these cases. But the reality is that a dental malpractice case in Maryland is usually a case where you need one expert to bring a claim and the facts are rarely complicated. A dental malpractice case is like an auto tort case in terms of complexity and cost. So, again, why don’t more lawyers file them? Few Maryland lawyers are equipped to handle medical malpractice cases. Those that are generally looking for larger cases.
• This claim is also likely a workers’ comp claim and the malpractice injuries should have been paid by the comp carrier.

Jurisdiction

• Montgomery County

Defendants

• A dentist

Negligence

• Failure to perform appropriate radiological studies to assess bone density and quality before beginning the process of placing implants
• Using excessive force in attempting to remove the loose crown
• Over-reducing gingival tissue while attempting to address the implant’s mobility
• Improper placement of the implants, abutments, and crowns

Specific Counts Pled

• Medical Malpractice

Plaintiff’s Experts and Areas of Specialty

• None at this time

Get a Lawyer for Your Dental Malpractice Claim

Have you suffered a dental injury due to the negligence of a dentist? Miller & Zois can help you get the compensation and justice that you deserve. Call us today at 800-553-8082 or get a case review online.

More Malpractice Claim Information

• Information about dental malpractice
• Suboxone lawsuits – new claims over dental injuries from the use of Suboxone are being filed around the country in 2023
• Other dental malpractice cases
  • One filed in Prince George’s County alleging nerve damage during an implant procedure
  • A case filed in 2016 in Montgomery County alleging a more invasive and expensive procedure than required
  • Another case filed in Montgomery County, alleging the failure to inform the plaintiff of appropriate alternative treatment
  • A P.G. County case arising from the removal of the plaintiff’s wisdom teeth
• Some sample settlements and verdicts in dental malpractice cases in Maryland