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Category: Personal Injury Law
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Experience:  Lead Personal Injury Trial Lawyer
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Medical Malpractice - I went to DDS Dental Dentures Services

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Medical Malpractice - I went to DDS Dental Dentures Services in Ft. Worth, Texas to get four implants to hold a denture. They sent a 22 year old dentist to place implants. Implants failed, 3 of 4 fell out. New dentist removed substantial bone matter. Substantial damage to other bone areas.

I want to file a Medical Malpractice suit. Should I just ask for my money back? $5,500 paid to far. I do not know where to begin. I have a copy of my medical record with them including all scans.

Thank you for your question.

Filing a medical malpractice lawsuit is a very complicated proceeding. The law governing medical malpractice actions in Texas is specialized and has strict procedural requirements that you must follow or you will lose your claim. This is not something you can do without an attorney.

Thus, my recommendation as to what you should do is contact local medical malpractice attorneys and ask for an appointment to see if they would want to represent you in a case.

If all you want is for your money back, then you should simply send a written demand for a refund. However, you may be entitled to substantially more in damages and future medical expenses to repair the injury that the negligent dentist caused. Thus, the best thing for you to do would be to have a local medical malpractice attorney look closely at your case.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
Customer: replied 3 years ago.

I want to file a small claims ct action $10,000, I have the evidence, my loss exceeds the amt stated above. Is this an option for me?

To prove medical malpractice you have to have expert testimony from a doctor/dentist who is going to say that the dentist who botched the implants failed to meet the standard of care for dentists. Further, you have to have a report from the doctor/dentist which makes a determination of negligence within 90 days of filing your lawsuit. Thus, this is not the type of claim that can be accomplished in small claims court.
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