Entitled to refund after implants failed?

My question is not, strictly speaking, clinical but is very much to do with my dental treatment and would value the opinion of professional as well as other people regrading my question. I entered into a contract with a private implantologist in London in June 2010 to place 4 implants in the upper jaw to support a whole set of implants and 2 implants in the lower jaw to support the 4 missing teeth. To cut a long story short, after 10 implants in the upper jaw and 4 implants in the lower jaw, only 2 implants in the lower jaw were successful, with a total of 12 implants (10 upper and 2 lower) having failed and extracted. The treatment lasted a total of 2 and a half years. I feel that I should be refunded part of the sum paid in view of the high failure rate of the implants. What is the general view of dentists towards refunds for failed dental implants? What are my other options for these failed implants?

See also: - Implant failed: How long should I wait to place another?

12 Comments on Entitled to refund after implants failed?

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James G. Wilson, DMD
2/14/2013
I am a little confused. You say you contracted for 4 implants in the upper jaw and 2 in the lower but ended up with 10 in the upper jaw and 4 in the lower. Did you pay for 4 implants in the upper jaw and 2 in the lower or did you pay for 10 implants in the upper jaw and 4 in the lower? If you paid for 4 implants in the upper jaw and your surgeon made 2-3 efforts to redo the surgery at no cost to you (and redid surgery in the lower jaw to replace 2 failed implants with 2 that were successful) then I am not sure that your surgeon did not give more than a "good faith" effort to provide you with dental implants. Not knowing your particular case nor the surgeon I hasten to make the following comment but there are anatomical and biological factors associated with the human beings that entrust their health to our expertise as dentists that cannot be controlled by the practitioner. I will give you the examples of heavy smokers, uncontrolled diabetics, immunocompromised patients, or someone who insists on wearing an unstable prostheses over integrating implants causing early loading and implant failure. In these cases, the patient has to shoulder part of the responsibility for the failure of the implants. That being said, I would hope that the surgeon reviewed these potential complicating factors before beginning treatment or, at a minimum, before undertaking additional "redo" surgeries. If any of this is the accurate in your case, I don't know that you should feel as entitled to a refund for your case. It is a completely different situation if you were expecting 4 implants and had to pay for 10 in the upper jaw and were expecting 2 implants in the lower jaw and had to pay for 4. At least in my practice, I would not have charged for additional implants if I had to replace implants that failed during the integration time or very early after loading. If this were the case, I would absolutely expect a refund of some of the fees unless the doctor was very specific with you before undertaking additional treatment that the fees and all risks of failure were incumbent upon you (which I might do in a case where someone presents with one of the complicating factors that I listed in the previous paragraph - even then I would generally tell a patient that there are factors in their case that I cannot control and they will have to shoulder part of the responsibility should failure occur and I would usually not charge a full fee.)
Suzanne
2/14/2013
Why is it expected that dentists give refunds for failures yet not physicians? If a cancer operation doesn't work, does the patient get a refund? Or heart surgery? We are both working on human beings....there are always risks and complications.
James G. Wilson, DMD
2/14/2013
To be honest with you Suzanne, I think the difference is often based on the fact that medical insurance covers most of the cost of medical treatment and patients are not subject to the cost of treatment as they are in dentistry. I tend to believe that patients would be much more frustrated with medical "redos" if they were paying the costs of retreatment out of their pocket. If costs were "out of pocket," they would also be much more active consumers and less willing to spend their money should something have a high potential for failure. If you'll pardon the pun, they would have skin in the game.
Mary
3/24/2017
Let me respond to this. Medical insurance is different. If a knee fails,insurance pays for the removal and the new knee. Dental insurance does not allow for that. For the 95 to 98 percent of implants that do not fail, I am sure the dentist builds this into the cost. They need to work with the patients.
Nancy nolin
9/25/2017
let's say you have a big hole in your fence and the fence company comes out and says that they can certainly repair it and it will cost you $10,000. They come out once and "fix" it but the next day it falls down...so they come out again and work in it and a month later the fence collapses again. Will you want your money back or are you good?????? i mean they put in a good effort to fix it??? with the extreme cost of dental implants these days a dentist should really evaluate the patient to ensure they are a good candidate for the procedure and if they fail they should refund the money or at least a good portion of the money. Many dentists work up huge treatment plans that cost tens of thousands of dollars causing us to have to get loans for the dental work and then if something isn't right or doesn't work they just keep our money. We certainly Wouldn't let a fence company or an electrician or a plumber get away with that.
Dr J A Murray
2/14/2013
I am a specialist Prosthodontist with a referral practice limited to Implantology. I have placed and restored over 8,000 implants. Whilst I always work to the best of my ability there are many factors I cannot control, some of which are highlighted in Dr Wilson's excellent reply. Suzanne's point is also a good one. There is no excuse for poor treatment, but assuming that not to be the case, implants still can and do (from time to time) fail. Upsettingly for both patients and dentists, a single patient can have several failed implants. Whilst I would work with my patient to resolve difficulties within their original fee quote, this is not always possible and you must realise that a caring practitioner, whether successful or not, is trying to help with YOUR problem. It is unrealistic to expect them to fund that effort personally.
dr hwynn
2/14/2013
I am in agreement with everyone that a treatment rendered is not subjected to refunds. Each of us work to the best of our abilities tohelp each patient and beyond that we do not have control over lots of what patients do daily... so each patient has signed informed consent and that is the time for each patient to not go through with the procedure....
Dr shyam mahajan Aurangab
3/15/2013
Actually when implant needs to be taken out means patients body has not accepted it at that time . No question of refund but I redo implant without charging patient as only 2% patients need it .This is only if treatment plan is same.
Jackie Reece
1/25/2018
Have one failed mini implant. Not replacing Should patient be refunded for the actual Mini implant material? How much?
Sherry payne
2/14/2018
Hi , I had inplants put in the upper mouth and now I have on inplant that has come loose from the bone and has moved up into my sinuses, who should pay for this stud in my sinuses to be removed , me or the dentist who put the inplant in. Thank you
Erin
4/19/2018
I recently (2 weeks ago) had an implant. I was referred to this Oral surgeon by my dentist. I trust her implicitly so I met with the surgeon. He had great references, great attitude, I was on my way. He discussed the procedure and I did ZERO research. I trusted what the Dr. said and they did their measurements. The implant was scheduled 5 weeks out. I went in and afterward he said it went well, he pulled the remaining tooth (where a crown had been for many years ) and was able to complete the implant all in one shot. I thanked him and his staff, paid $3,250 and went on my way. This was Thursday, April 5. I called the office on Tuesday, April 10 because the pain was intensifying and the swelling was increasing. At first the woman on the phone seemed resistant to have me go in but then scheduled for the next afternoon. Needless to say, severe infection, followed by 6 days of IV antibiotics trying to save the implant, and irrigating daily. The pain has been unbearable. The Dr. has openly admitted 3x in front of his staff and my husband that he never should have placed the implant because I had an existing infection. He felt he cleaned it enough and I had 10 days of amoxycillin. We removed the implant on Mon Apr 16. I am still going to his office every other day to irrigate. I am feeling better, just very uncomfortable. I have lost 8 lbs to date-diet of champions! This dr. had perfectly fine intentions, no doubt he is a good man. He has spent more time with me than probably most patients. Am I entitled to ask for a refund? I have ZERO desire to have an implant at this point...
Oliver 91
8/7/2020
Am I entitled to a refund if my crown fell within a year I went to a dental school they gave me two crowns on my 8 and 9 tooth one of them looks like it's beginning to feel what can I do

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