Q: What are my legal rights if a failed dental implant is redone by another dentist or oral surgeon?
A dentist performed a dental implant on me that failed. So they are offering me the option of either a full refund for the failed implant or having an oral surgeon remove the implant and redo it. They are asking me to sign a letter stating which option I choose. For the second option, which I want to opt for, to have the other doctor do the removal and new implant, the first doctor is asking me to waive "all rights and guarantee towards the success of the treatment performed." It seems to me that this would not hold up to legal muster, and the other doctor's office has confirmed to me that they would be legally responsible for any problem resulting from their work. And I would think that the established laws would not absolve the first doctor of any complications regardless of what I sign. So should I just not worry about what the letter states about this or should I have it revised before signing it?
A:
An Oregon attorney could advise best, but your questions remain open for two weeks. As a GENERAL matter, it could be difficult for any attorney to offer an advisory opinion here, because sometimes the enforceability of any agreement cannot be guaranteed or precluded until it goes before a judge, or it is held before the sentiments of jurors. Additionally, when multiple practitioners are involved, there could always be issues of causality as to who might be more liable than the other in the event of damages, not to mention factors attributable to the patient themselves. You could review the agreement in its entirety with an Oregon attorney who is experienced in healthcare forms. Good luck
Tim Akpinar
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