Suffered Nerve Damage or Dental Trauma? A Medical Malpractice Lawyer in NY Can Help

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Headshot of Michael Ricchiuto, a New York City-based premises liability and slip and fall lawyer at Morgan & Morgan Reviewed by Michael Ricchiuto, Trial Attorney at Morgan & Morgan, on August 5, 2025.
Comfortable Dental Chair Unit with Luxury Dental Chair in Dentist doctor clinic modern medical ward. Health care, medicare industry, heathcare technology concept image

Injured? 

We can help.

Dentists hold our trust every time we sit in their chair. Whether it’s a routine cleaning, a root canal, or a more complex procedure, we expect our care providers to act with precision and professionalism. But when they don’t, the results can be physically painful, emotionally damaging, and financially devastating.

In New York, dental malpractice falls under the broader category of medical malpractice, and when it occurs, patients have the legal right to pursue compensation. At Morgan & Morgan, we help individuals who’ve been seriously harmed by negligent dental care, fighting to hold practitioners, clinics, and institutions accountable for the damage they’ve caused.

 

What Counts as Dental Malpractice?

Dental malpractice occurs when a dentist or other dental provider fails to uphold the accepted standard of care, resulting in harm to a patient. This negligence can come in the form of reckless actions or critical inaction. Either can be grounds for a lawsuit.

There are two broad types of malpractice we commonly see in New York cases:

  • Direct errors, such as extracting the wrong tooth, misreading X-rays, or administering too much anesthesia.
  • Neglectful omissions, like failing to diagnose a serious infection or refusing to refer a patient to a qualified specialist when needed.

The distinction may seem subtle, but the consequences often aren’t. Whether your injury was the result of something a provider did or something they failed to do, both may support a malpractice claim under New York law.

 

Common Dental Errors That Lead to Lawsuits

Some dental injuries are minor and resolve quickly. Others leave patients with lifelong complications, mounting bills, or even permanent disfigurement. The most serious dental malpractice cases often involve:

  • Improper tooth extraction, damaging adjacent teeth, bone, or gum tissue
  • Failure to diagnose oral cancer, infections, or bone loss, leading to worsening illness
  • Improper administration of anesthesia, resulting in allergic reactions, trauma, or unconsciousness
  • Unnecessary or unauthorized procedures, including those done without proper patient consent
  • Botched cosmetic treatments, such as failed implants or excessive enamel removal
  • Root canal and crown complications, especially those that result in new infections or nerve exposure
  • Nerve injuries, leading to numbness, tingling, or chronic pain in the jaw, tongue, lips, or face

What separates these incidents from honest mistakes is the presence of negligence, meaning a competent dental professional under similar circumstances wouldn’t have made the same choices.

 

Proving That Malpractice Occurred

Dental malpractice lawsuits require more than dissatisfaction or a poor outcome; they necessitate a clear demonstration of negligence. To win a case, the injured patient must prove four critical elements:

  • A provider-patient relationship existed. This means the dentist (or clinic) agreed to treat you and was responsible for your care.
  • The provider breached the standard of care, which is the accepted practice of the dental profession in similar situations.
  • The breach caused harm. Not all errors lead to injury, so you must show that the provider’s mistake had a direct and damaging impact.
  • You suffered damages, whether financial (like medical bills or lost wages) or non-economic (like pain, suffering, or disfigurement).

Morgan & Morgan attorneys investigate dental malpractice cases from every angle, working with medical experts, collecting records, and preparing powerful evidence to support your claim.

 

Understanding Damages in a Dental Malpractice Claim

Dental injuries can affect far more than your smile. Whether you lost wages, underwent additional procedures, or are now dealing with chronic pain or facial trauma, you may be eligible for compensation.

A successful malpractice claim may include:

  • Reimbursement for medical bills, including follow-up care, medications, and corrective surgeries
  • Compensation for lost income, especially if your injury forced you to take time off work
  • Damages for pain and suffering, which covers both physical and emotional distress
  • Permanent disfigurement compensation, for lasting impacts like facial scarring or altered appearance
  • Punitive damages, in cases involving especially reckless or harmful conduct

There’s no “average” settlement for dental malpractice, as every case is fact-specific. However, Morgan & Morgan has secured over $25 billion for injury clients nationwide, including those who suffered due to medical and dental negligence.

 

How Much Time Do You Have to File?

The statute of limitations for dental malpractice lawsuits varies depending on state laws and the type of injury sustained. Certain exceptions can pause or extend the filing window. Because these deadlines can vary based on your circumstances, it’s critical to speak with a dental malpractice attorney as soon as possible.

 

What Happens After a Suspected Dental Error?

If you believe you’ve been the victim of malpractice, don’t wait for symptoms to “get better.” Start protecting your case immediately by:

  • Requesting your full dental records, including notes, imaging, and billing statements
  • Seeking a second opinion from a qualified, independent provider
  • Documenting your symptoms and how they affect your daily life
  • Avoiding further treatment from the same provider without legal advice
  • Speaking with an attorney to determine if your case is valid

Time, evidence, and documentation matter. And the earlier you take action, the stronger your case may be.

 

How Morgan & Morgan Builds Winning Cases

Dental clinics and insurance companies don’t easily give up compensation. They often argue that the patient misunderstood, failed to follow post-op instructions, or accepted known risks. That’s why we prepare every case like it’s going to trial, even if it settles out of court.

 

Our team will:

  • Investigate the full scope of your treatment and injury.
  • Identify who’s liable, including dentists, hygienists, clinics, or manufacturers.
  • Enlist expert witnesses to testify on your behalf.
  • Handle all communications with insurance carriers.
  • Fight delays and lowball offers with courtroom-ready litigation.

If necessary, we’ll go toe-to-toe with the provider’s legal team in court. We don’t back down, especially when your future is at stake.

 

Contact Morgan & Morgan Today

You trusted a provider to take care of you, and now you’re the one paying the price. Whether the damage was physical, financial, or emotional, you deserve answers and accountability. Let Morgan & Morgan evaluate your situation and help you take the first step toward justice.

Unlike small firms, we have the bandwidth to go the distance against well-funded defense teams. Unlike big firms that treat clients like case numbers, we offer personalized attention, direct communication, and zero upfront fees.

Contact us today for a free, no-risk consultation. We’re here to fight. And we only get paid if you win.

Disclaimer
This website is meant for general information and not legal advice.

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