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Who Is Responsible for Dental Implant Failure?

Dental implants are a popular option for those looking to improve their smile and oral health. However, like any medical procedure, dental implants come with their own set of risks that can lead to failure. These can happen due to a variety of reasons and different parties can be held at fault accordingly. Understanding who is responsible for dental implant failures can help you when it comes to knowing your rights and standing up for yourself.

In the following guide, we explain what can cause dental implant failure, who may be responsible and what you should do if you find yourself in this position.

What counts as dental implant failure?

Dental implant failure includes a range of issues that can occur either shortly after the implant procedure or over a longer period of time. Essentially, it refers to the unsuccessful integration of the dental implant into the jawbone, or complications that arise post-surgery, leading to the loss or malfunction of the implant.

The symptoms of dental implant failure can vary depending on the type and stage of the failure. However, some common signs include:

  • Pain or discomfort: persistent or severe pain around the implant area.

  • Swelling and inflammation: excessive swelling that doesn't subside with time.

  • Loose implant: movement or shifting of the implant within the mouth.

  • Difficulty chewing: a sudden or gradual difficulty in using the implant for normal eating.

  • Gum recession: the gums around the implant begin to recede, exposing more of the implant or even the metal post.

  • Bad odour or taste: an unpleasant smell or taste from the implant site could indicate infection.

What causes dental implant failure?

A successful dental implant procedure requires precision and expertise from a professional dentist - cosmetic or otherwise. Poor surgical technique can lead to a host of problems, including incorrect positioning and damage to nearby teeth, blood vessels, or nerves. Placing too much immediate force on the implant can prevent it from integrating properly with the jawbone.

Before undergoing a dental implant procedure, a thorough assessment and planning phase is essential. Not assessing the quality and quantity of the jawbone can lead to poor integration, and certain medical conditions or medications can affect the success of dental implants. Additionally, choosing the wrong type or size of implant can lead to complications.

Another factor that should not be overlooked is the quality of the materials that are used for the dental implant. Substandard materials can result in fractures, corrosion and allergic reactions.

While the dental professional's skill and the quality of the materials used are essential to the success of dental implant surgery, the patient's role cannot be ignored. As a patient, you must consider the following factors that could affect the success of your surgery and implant:

  • Poor oral hygiene: inadequate cleaning can lead to infections around the implant.

  • Smoking: tobacco use has been shown to significantly increase the risk of implant failure.

  • Medical conditions: diseases like diabetes or osteoporosis can affect the body’s ability to heal, thereby affecting the success of the implant.

  • Non-compliance with post-operative instructions: failing to follow care instructions after the procedure can compromise the implant.

What is dental negligence?

Cosmetic dental negligence - or dental malpractice - is a critical issue that can have various repercussions for patients. The term refers to the failure of a dental professional to meet the expected standard of care when performing a procedure, including their care pre and post-operation. This negligence can present itself in various ways.

The most obvious example of dental negligence is the failure to carry out the procedure to a good standard, which can lead to complications. However, dental professionals are required to do a number of things before and after your procedure that will help to prevent dental implant failure.

Inadequate assessment

One of the first steps in any dental implant procedure is a thorough assessment of the patient's oral and overall health. Negligence in this stage can lead to:

  • Misdiagnosis: failing to identify issues that could impact the success of the implant, such as gum disease or insufficient bone density.

  • Ignoring medical history: not taking into account the patient's medical history, including medications and existing conditions that could affect the procedure.

Failure to inform

Informed consent is a vital part of cosmetic dentistry. Negligence in this area can manifest as:

  • Lack of transparency: not fully disclosing the risks involved in the procedure.

  • Incomplete information: providing insufficient information about the post-operative care required, which can lead to complications.

  • Financial aspects: failing to inform the patient about the full costs involved, including the potential costs for corrective procedures if their implant fails.

Poor aftercare

Following your procedure, your dentist should provide you with instructions on how to care for yourself, including telling you what to do and what to avoid doing to have the best chances of success. If they provide you with the wrong instructions, leave out details or don't give you any at all, it can cause you to make mistakes that lead to a failed dental implant.

The consequences of failed dental implants

The consequences of cosmetic dental negligence can impact your life in a number of ways, including:

  • Physical discomfort and pain: if your body rejects the implant, or if the wounds fail to heal and become infected, it can be painful.

  • Financial losses: the cost of corrective procedures can be high, adding to your financial stress.

  • Emotional and psychological damage: the failure of a dental implant can have an emotional toll, affecting your self-esteem and mental well-being.

  • Functional issues: beyond the cosmetic implications, implant failure can result in difficulty eating, speaking and other functional problems.

Who is responsible for your failed dental implant?

Determining who is responsible for your dental implant failure can be difficult due to the range of factors involved. Often, more than one party can be involved.

The dental practitioner

The skill and expertise of your dentist are vital to the success of a dental implant. If the implant's failure is due to a lack of skill or training on the part of your dentist, they could be held responsible. Specific examples of this could include:

  • Incompetence: lack of adequate training or experience in implant dentistry.

  • Rushed procedures: not taking the time to properly plan and carry out the implant procedure.

  • Failure to follow up: neglecting post-operative care and not monitoring your healing can also be grounds for negligence.

The dental clinic

The environment in which your procedure takes place can also play a role. Dental clinics may be held responsible for implant failures due to:

  • Lack of proper equipment: outdated or malfunctioning equipment can impact the success of the implant.

  • Sterilisation failures: poor hygiene and sterilisation processes can lead to infection and implant failure.

  • Administrative errors: mistakes in patient records, scheduling or communication between staff can also contribute.

The implant material manufacturer

In specific cases, the fault may lie with the manufacturer of the dental implant materials. Issues could include:

  • Defective products: if the implant or its materials are found to be defective, the manufacturer could be held liable.

  • Inadequate quality control: failure to maintain quality standards during manufacturing.

  • Lack of adequate information: not providing sufficient guidelines or warnings about the proper use of the product.

What can you do if you have been subject to dental negligence?

If you believe you've been a victim of dental negligence and it has led to your implant failure, you have legal options. By taking legal action, you can recover financial compensation to cover the costs of your suffering and help you to pay for any corrective treatment or support you need.

The first step is to consult with a solicitor who specialises in dental negligence cases - such as those at Cosmetic Surgery Solicitors. Our team will provide an initial assessment of your case, helping you understand if you have a valid claim and what the outcomes might be.

For a successful claim, you'll need to gather substantial evidence to prove that you were treated with negligence and that it affected you. This evidence could include:

  • Medical records: these will show the treatment you've received and any subsequent issues.

  • Photographic evidence: photos can help demonstrate the extent of the failure and its impact on your life.

  • Expert testimonies: statements from other dental professionals can support your claim by establishing what the standard of care should have been.

  • Financial records: receipts and invoices will show the financial impact of the negligence and are essential if you wish to claim for your costs.

Once you have sufficient evidence, your solicitor will help you make a formal claim. We will handle all of the communications with the other parties so you can focus on your recovery.

In most cases, dental negligence cases are settled without court proceedings being necessary. Your solicitor will negotiate with the defendant's legal team to reach a settlement that accurately represents what you deserve.

If a settlement can't be reached, the case may have to go to court. Here, your solicitor will represent you, presenting your evidence as argument. Court proceedings can take more time, but you can be confident that your solicitor will guide you through the process, making sure your needs are met and your rights are defended.

Contact us

To learn more about how to make a claim for dental negligence, speak to our team today. Call us on 0808 256 1297, or fill out an online contact form and we will be in touch at a time suitable for you.

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Mike

Mike Saul

Partner

Michael Saul is a partner at Cosmetic Surgery Solicitors, where he brings his extensive specialist legal expertise and passion for helping people to the forefront of his work. With a proven track record of success in cosmetic surgery negligence cases, Michael has dedicated his career to providing clients with the highest level of representation and achieving favourable outcomes.

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