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I had dental implants done in November. They have failed…

Customer Question
I had dental implants...

I had dental implants done in November. They have failed twice. My question is should the dentist have discussed with me prior to the procedure that my smoking would greatly lessen the chance of success?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Oklahoma

Lawyer's Assistant: What steps have you taken so far?

None except to complain about the pain and the sores in my mouth. I have been in to see them numerous times for adjustment to the denture. I have an appointment Monday morning

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Well, except for the fact that the procedure cost $9000?

Submitted: 3 months ago.Category: Legal
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Answered in 1 minute by:
3/31/2018
Lawyer: Loren, Attorney replied 3 months ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,798
Experience: 30 years experience representing clients.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

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Lawyer: Loren, Attorney replied 3 months ago

I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get. I just ask that you not shoot the messenger.

If you are trying to establish dental malpractice, and you were informed that smoking would affect the recovery and success, then it is an issue of informed consent.

If you were advised to stop smoking after the procedure and did not then all they have to show is that the smoking, not dental negligence, caused the problem.

So, yes, it does affect the likelihood of your prevailing on the claim.

I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels.

I am happy to continue if you have further questions.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Customer reply replied 3 months ago
The only time my smoking was brought up was after the initial extraction when I was told not to smoke for 48 hours. I don't need to worry about malpractice. I just want my money back
Customer reply replied 3 months ago
I really don't want to spend any more money. I just wanted to know what my options were before I go in there Monday and raise cain with them
Lawyer: Loren, Attorney replied 3 months ago

If they did not raise the issue of smoking after the procedure, and you can prove they did something wrong in the procedure that caused the failure, you are entitled to your money back and any other damages you incur.

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Lawyer: Loren, Attorney replied 3 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you for using JA.

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