When Dental Work Goes Wrong: Can You Hold Your Dentist Accountable?

Few people look forward to a dentist appointment.

However, a visit to the dentist can bring relief from painful cavities or other dental disasters.

Unfortunately, not all dental procedures go as planned. In rare but significant cases, dentists may cause more harm than good due to negligence or substandard care. 

When that happens, patients are left wondering: Can you sue a dentist?

The short answer is yes, if a dentist fails to meet the standard of care and causes you harm, you may be able to file a dental malpractice lawsuit. 

At Morgan & Morgan, we believe every patient deserves justice when healthcare professionals make preventable mistakes. If you were affected by substandard dental care, contact us today for a free, no-obligation case evaluation to learn more about your legal options.

What Is Dental Malpractice?

Dental malpractice occurs when a dentist, oral surgeon, orthodontist, or other dental professional causes harm by failing to provide care that meets accepted standards. Like medical malpractice, dental malpractice is a form of professional negligence.

To prove dental malpractice, a victim must typically show:

• Duty of care: The dentist had a professional obligation to provide care.
• Breach of duty: The dentist failed to meet the standard of care.
• Causation: The breach caused injury or harm to the patient.
• Damages: The injury resulted in pain, financial loss, or other measurable consequences.
  
   

Can You Sue a Dentist for Breaking Your Tooth?

Yes, you may be able to sue a dentist for breaking your tooth if the break occurred because of negligent or improper care. Accidents can happen during routine procedures, such as extractions, root canals, or fillings. However, when a dentist’s actions go beyond an acceptable risk and result in avoidable harm, it may be grounds for a lawsuit.

Common examples of negligence that lead to broken teeth may include:

• Improper use of dental tools that fractures nearby teeth
• Incorrect technique during extraction that damages adjacent teeth or roots
• Misjudging tooth structure, causing a tooth to break under pressure
• Failure to detect decay or weakness in a tooth before applying force

If a dentist breaks your tooth during a procedure and then fails to appropriately fix or mitigate the damage, the situation may be even more serious. In these cases, a dental expert can help determine whether the standard of care was violated.

Can You Sue a Dentist for Pain and Suffering?

Yes. Pain and suffering are considered a form of non-economic damages, and they are frequently included in dental malpractice claims. 

If a dentist’s negligence causes you unnecessary pain, whether due to botched treatment, misdiagnosis, or lack of follow-up care, you may be able to recover compensation for:

• Physical pain from injury or improper dental procedures
• Emotional distress and anxiety, especially related to long-term damage
• Loss of enjoyment of life due to discomfort or disfigurement
• Ongoing fear of dental care or medical procedures
• Inconvenience from repeated visits, surgeries, or corrections

Even if the financial costs of your injury are relatively minor, the experience of suffering caused by a negligent dentist can carry significant weight in a lawsuit.

Common Types of Dental Malpractice Cases

Dental malpractice can take many forms. Some of the most frequent cases include:

Misdiagnosis or Delayed Diagnosis

Failing to identify cavities, infections, oral cancer, or gum disease in a timely manner can allow conditions to worsen and cause avoidable harm.

Wrong Tooth Extraction

Pulling the wrong tooth is a clear example of dental malpractice and may require implants, bridges, or costly restorations to fix.

Nerve Injuries

Improper techniques during wisdom tooth extraction or root canals can damage nerves in the jaw or tongue, leading to numbness, pain, or permanent loss of function.

Anesthesia Errors

Dentists must use anesthesia properly and monitor patients for reactions. Overmedicating or failing to account for a patient’s medical history can cause serious complications.

Unnecessary Procedures

Performing procedures that are not medically necessary or that are done purely for billing purposes may be considered fraudulent and harmful.

Failure to Obtain Informed Consent

Dentists must explain risks, benefits, and alternatives before treatment. If they don’t and a patient suffers injury as a result, they may be held liable.

Infections from Poor Hygiene

Failing to maintain sterile equipment or follow infection control standards can expose patients to dangerous infections like hepatitis or staph.

Who Can Be Held Liable in a Dental Malpractice Case?

In many cases, the dentist is directly responsible for the injury. However, depending on the facts of your case, other parties may also share liability, such as:

• Dental hygienists or dental assistants
• Oral surgeons or specialists involved in your care
• Dental clinics or corporate dental offices
• Product manufacturers (if faulty dental tools or materials caused the injury)

Identifying all potentially responsible parties is crucial to recovering full compensation.

Proving a Dental Malpractice Case

Dental malpractice lawsuits are often complex and require strong evidence. Some of the key elements include:

Dental Records

Your full dental chart, x-rays, and procedural notes will be important for evaluating what went wrong and when.

Expert Testimony

In most states, you’ll need testimony from a dental expert who can explain how the dentist’s actions deviated from accepted standards.

Medical Records

If your dental injury required medical treatment or surgery, these records help establish the extent of your suffering and damages.

Photographs

Images of injuries, swelling, disfigurement, or damaged teeth can help visually support your claims.

Financial Documentation

Receipts for treatment, medication, transportation, and lost income are essential for calculating economic damages.

What Compensation Can I Recover From Suing a Dentist?

If a dental malpractice lawsuit is successful, you may be awarded compensation for both economic and non-economic damages.

Economic damages can include:

• Cost of corrective dental care
• Medical treatment related to your injury
• Lost wages or future earning capacity
• Transportation and other out-of-pocket expenses
   

And non-economic damages:

• Physical pain and suffering
• Emotional distress or trauma
• Loss of enjoyment of life
• Permanent disability or disfigurement

In rare and egregious cases, punitive damages may also be awarded to punish intentional misconduct or reckless behavior.

Statute of Limitations for Suing a Dentist

Each state sets a time limit called a statute of limitations for filing dental malpractice claims. In many states, this period is two to three years from the date of the injury or the date you discovered it. However, exceptions may apply, including:

• Delayed discovery rule: If the injury wasn’t immediately apparent, the clock may start once it is discovered.
• Minors or incapacitated persons: These individuals may have a longer window to file.
• Fraud or concealment: If the dentist intentionally hid the error, the limitation period may be extended.

Because deadlines vary by state, it's crucial to contact an attorney as soon as possible after discovering an injury.

Can You Sue a Dentist Without a Lawyer?

While it is technically possible to file a dental malpractice lawsuit without legal representation, doing so is extremely risky. Malpractice law is complicated, and dental professionals (and their insurers) often have strong legal teams defending them.

At Morgan & Morgan, our attorneys have deep experience handling dental malpractice cases. We know how to investigate medical malpractice and gather key evidence, and our team works with dental experts to prove negligence and maximize your financial recovery.

And best of all, the Fee Is Free®—we charge no upfront fees plus no fees at all if we don’t win your case. 

What to Do if You Think You Have a Case

If you believe your dentist caused you harm through negligence or error, follow these steps:

1. Get a Second Opinion

Seek care from another dental professional to assess the damage and prevent further injury.

2. Collect Your Records

Request a full copy of your dental and medical records before anything gets lost or altered.

3. Document Your Experience

Write down what happened, when, and how it affected your life. Take photos of injuries or swelling.

4. Avoid Speaking to Insurance Adjusters

They may try to get you to settle quickly or say something that can be used against you.

5. Contact Morgan & Morgan

A skilled dental malpractice lawyer at Morgan & Morgan can evaluate your case and determine your best legal options.

Why Choose Morgan & Morgan?

At Morgan & Morgan, we fight For the People, and we’ve recovered over $25 billion in the process. When you work with us, you’ll get a dedicated legal team with deep knowledge of malpractice law and access to leading dental experts who can support your case.

As the largest personal injury law firm in America with offices in every state across the country, we can offer a national firm’s power with a local attorney’s care.

If you were hurt by a dentist and asking, “Can you sue a dentist?”—Morgan & Morgan’s answer is yes, and you should if their negligence caused you harm. 

Dental injuries can have long-term consequences, from chronic pain to disfigurement. You deserve answers, accountability, and fair compensation.

If you believe you were the victim of dental malpractice, contact Morgan & Morgan for a free, confidential case evaluation.