My Grandma is a diabetic and her dental implant has gotten extremely infected. Can she sue even if free services were offered?

UPDATED: Oct 1, 2022

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My Grandma is a diabetic and her dental implant has gotten extremely infected. Can she sue even if free services were offered?

Back in July my grandma had her tooth pulled she decided to have an implant put
in place. my grandma is a diabetic which increases the risk of implant
rejection drastically if your diabetes inst controlled.My grandfather asked the
doctor about this and was informed that the implant was safe. My grandmother
started having issues with the with her implant in November. however she didn’t
have a chance to deal with it because she ended up in the hospital for a heart
blockage. In January the in plant was bothering her so bad that she obtained
Dental insurance and went to see a different dentist. They informed her that
the impact should have never been placed as she was a Diabetic with a High A1C
and that her bone density was not strong enough to hold the implant and that
she had a serious infection. They contacted her doctors Cardiologist and her
Diabetic doctor to confirm her medical history. She then visited the original
Dentist and he stated if he knew her A1C was uncontrolled he would have never
placed the implant. He never followed up with her doctor regarding her diabetes
prior to placing the implant. he will not give her back her money but is
offering services free . The infection had began to degrade her bone and she
can’t get it removed as of yet because she is on the blood thinner.

Asked on February 13, 2018 under Malpractice Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Based on what you write, your grandmother may have a viable case for the seemingly significant injury (e.g. bone degredation) she is suffering. She is presumbably elderly and also told the dentist that she had diabetes; that should have put him on notice to either do more research about her health and situation (e.g. consult with her doctor[s]) or to have not done an implant (as being risky for a patient like this) at all. His failure to seek more information or recommend an alternative treatment under the circumstances may have been malpractice, which is unreasonably careless medical care. 
Many malpractice attorneys provide a free initial consultation to evaluate a case; you can confirm this before making an appointment. Based on what you write, it would be worthwhile for your grandmother to consult with such an attorney to explore her options and the strength of her case. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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