Q: Dental office 4 years: incomplete surgery, gum issues, and undisclosed bone loss.

A: I'm sorry to hear about the issues you’ve been experiencing with your dental treatment. It’s understandable to feel concerned, especially when there are ongoing problems with your gums and teeth, and when important information, like bone loss, was not disclosed to you earlier.

In New York, you may have legal recourse through a medical malpractice claim if the dental office’s actions were negligent or if you were not properly informed about your treatment and the risks involved. Specifically, if the dentist performed incomplete surgery, failed to address or properly manage the bone loss, or didn’t inform you of critical issues like your 60% bone loss, there could be grounds for a claim based on failure to inform (lack of informed consent) and substandard care (negligence).

Informed consent requires that the dentist fully explain the potential risks, benefits, and alternative treatments, and that you agree to the treatment with all necessary knowledge. If your dentist did not disclose the extent of the bone loss or failed to inform you about the risks associated with periodontal disease or treatment options, this could be a significant issue. It’s also worth noting that the failure to treat the remaining teeth properly could be considered negligent, especially if there was an expectation that the full procedure would be completed.

You should gather all relevant documents and records, including any treatment plans, X-rays, or notes from the dentist regarding your condition. If the dental office failed to complete the surgery or caused further harm to your teeth and gums, this will be important in evaluating the severity of the issue. It’s also useful to have medical documentation that supports your claims, such as a report from another dentist or periodontist regarding the bone loss, gum issues, and any other complications that have arisen.

The next step would be to contact the dental office to discuss the situation and attempt to resolve it directly. If the issue is not resolved to your satisfaction, you may want to consider filing a complaint with the New York State Department of Health, specifically the Office of Professional Discipline, which handles complaints against licensed professionals like dentists.

If the dental office does not resolve the issue, or if you wish to pursue legal action, consulting with a medical malpractice attorney who specializes in dental malpractice would be beneficial. A lawyer can help you assess whether you have a valid claim and guide you through the process of filing a lawsuit, which may include seeking compensation for any additional treatment costs, pain and suffering, and other damages caused by the incomplete surgery and failure to disclose important information.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.

A: You ask about your options. If you mean dental/oral surgery options, that would be a call to be made by your provider(s). If you mean legal options, this looks like it has the makings of a difficult case, in terms of the timeline going back four years, the prospects for conflicting accounts, and other possible issues. If you mean legal options, you could reach out to attorneys to discuss. Good luck