What to do regarding dental malpractice?
Question Details: My grandfather who is 77 went in to a dentistry to get implants for dentures. He has the procedure done but the implants were not secured and they came out. He went in for another implant and that came out. The last time he went in for the implant, it was implanted into his sinuses which caused him to have to get an oral surgery to correct it. After the surgery was complete and he had healed, he went to the same dentist as he paid $15,000 to get the implants. The dentist had told him that he was sued and lost his license for implants and that he would not be doing the implant. He also refused to give a refund of the $15,000, even after everything had fallen apart. I need to know if I can move forward with a malpractice suit against this dentist?
YOU can't sue the dentist--it is not your legal claim (you were not the person injured or who had the treatment); however, your grandfather could sue. Malpractice (medical or dental) is the provision of medical care which does not meet accepted standards of care or which is unreasonably careless (negligent). The care you describe appears to be malpractice. He could potentially sue for some or all his money back; for anything he paid for the oral surgery; and for "pain and suffering" for the pain and impairment he experienced. He may wish to consult with a medical malpractice attorney to evaluate what his case may be worth and whether it would be worth pursuing it. Note that if the dentist lost his license and did not have adequate insurance, it may be impossible for your grandfather to collect compensation from him even if your grandfather wins: a winning lawsuit does not make money appear where there is none.