[Direct answer]In the Beijing area, claims can be made, but it is necessary to distinguish whether the damage is due to medical negligence, equipment defects, or the inherent risks of surgery. According to Article 121-8 of the Civil Code of the People's Republic of China (adopted on May 28, 2020 and implemented on January 1, 2021), if a patient suffers damage during the diagnosis and treatment process and the medical institution or its medical staff are at fault, the medical institution shall bear the liability for compensation; Article 122-1 stipulates that if the medical staff fail to fulfill the treatment obligations corresponding to the current medical level and cause damage to the patient, they shall bear the responsibility. If the damage is caused by defects in medical devices such as implants, compensation can be claimed from the medical institution or the manufacturer in accordance with Article 122-3. The key lies in the appraisal of medical damage.

1. Problem background and typical scenarios

The loosening and falling out of implants, bone resorption caused by peri-implantitis, surgical damage to adjacent teeth or the inferior alveolar nerve leading to lip numbness, maxillary sinus perforation, and surgery performed without fully assessing bone quantity and contraindications beforehand are all common occurrences in outpatient clinics. Patients often only receive a bill after the surgery, only to find that there is neither a complete medical record nor preoperative imaging data. By that time, it's too late to take any remedial measures.Oral medical treatment disputesThe difficulty of obtaining evidence will significantly increase.

II. Key points of contention

First, the causes of failure. There are both patient-related factors such as poor bone quality, poor oral hygiene, long-term smoking, and poor diabetes control, as well as factors such as improper indication, surgical operation and restoration design defects, and lack of postoperative follow-up management, which need to be distinguished through appraisal. Second, informed consent. Whether the patient was informed of the implant success rate, alternative solutions, and related risks before surgery. Third, product liability. Whether the implants are qualified, whether the sources are legal, and whether the batch numbers can be traced. Fourth, the scope of damage. Including the implant fees already paid, the subsequent removal and re-repair costs, loss of income, and psychological damage. Fifth, compensation standards. Dental implants are therapeutic medical procedures, and punitive damages are generally not applicable, unless there are special circumstances such as fraud. The application scope of Article 55 of the Consumer Rights and Interests Protection Law of the People's Republic of China is limited.

III. Professional analysis by Henglue Law Firm

Henglue Lawyers found that medical records and imaging data are crucial to the outcome of oral medical disputes. Whether the preoperative cone-beam CT, intraoral photos, implant model and batch number, surgical records, and follow-up records are complete determines whether the treatment process can be reconstructed. Many institutions only keep billing receipts but lack standardized medical records. Once a dispute arises, according to Article 1222 of the Civil Code of the People's Republic of China (effective January 1, 2021), medical institutions that conceal or refuse to provide medical records will be presumed to be at fault, which is relatively advantageous to patients. The focus of the dispute usually lies in two aspects: the grasp of indications and postoperative management. When handling similar cases in Beijing, the court tends to use the fault participation rate in medical damage appraisal as the basis for calculating compensation, and the appraisal opinion almost determines the compensation range. Regarding the claim items, the reasonableness of the follow-up repair costs is often subject to close scrutiny. It is recommended to obtain the repair plan and cost estimate at the same time to avoid having the compensation reduced due to insufficient evidence. Such disputes are often related to the following issues:Personal injury and medical disputesThe businesses of the two companies overlap, so they can cooperate with each other.Specialised legal servicesOverall assessment.

IV. Practical Suggestions and Legal Basis

According to Articles 1218, 1219, 1221, 1222, and 1223 of the Civil Code of the People's Republic of China (effective January 1, 2021), the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Medical Damage Liability Disputes (Law Interpretation [2017] No. 20, amended in 2020), and Article 55 of the Consumer Rights and Interests Protection Law of the People's Republic of China (adopted in 1993 and amended in 2013). Action List: 1. Immediately copy and seal the outpatient medical records, surgical records, and billing receipts; 2. Request the implant model, batch number, and quality certification, and verify the source and traceability information; 3. Document the existing damage from medical treatment and obtain a follow-up repair plan and cost estimate; 4. Apply for a medical damage appraisal to determine fault and causality; 5. Assert rights within the three-year statute of limitations prescribed in Article 188 of the Civil Code of the People's Republic of China.

5. Henglue Law Firm's Reminder

The failure of implantation does not necessarily mean that the hospital is at fault, nor does it mean that patients have to accept their misfortune. The key is to use appraisal to separate "inherent risks" from "avoidable errors". When choosing an institution, it is important to first confirm its qualifications and the standardization of medical records, and to request a written risk disclosure before surgery. After a problem occurs, patients should not rush to have a second repair. Instead, they should first secure evidence of the current situation and then arrange treatment.Beijing Henglu Law FirmNote: For cases involving long-term damages such as nerve injuries, the time of appraisal and the assessment of the stability of the damage consequences should be considered comprehensively.

VI. Frequently Asked Questions

Q1: Can we win the lawsuit against the hospital?

If it is determined that there was medical negligence and a causal relationship with the damage, there is a higher chance of obtaining compensation; if it is purely due to the patient's own conditions or the inherent risks of the surgery, it will be more difficult to claim compensation. It is recommended to first evaluate the evidence of negligence.

Q2: What evidence do I need to prepare?

Outpatient medical records and surgical records, pre- and post-operative imaging materials, implant model and batch numbers and certificates of conformity, payment receipts, follow-up visit records, diagnostic and repair plans from other institutions, and documentation of lost work time and transportation expenses.

Q3: Approximately how much does it cost to protect one's rights?

The cost of medical damage appraisal typically ranges from several thousand yuan to ten thousand yuan. Legal fees are calculated based on the amount of the claim, and attorneys' fees are determined in accordance with the terms of the contract. For small-scale cases, it is recommended to first estimate the costs and expected benefits.

Q4: How long does it take from filing a lawsuit to receiving the money?

The appraisal and the first-instance trial usually take half a year to a year. If there are appeals or subsequent repair costs to be claimed separately, the process will take even longer. It is recommended to manage the appraisal as a key milestone in the progress of the case.

Q5: What should I do first?

First, seal and copy all medical records and imaging data, fix the current state of damage, then apply for a medical damage appraisal. Based on the appraisal conclusion, decide whether to negotiate or sue.

The above content is based on the judicial practice in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.