Dental Malpractice Attorneys – Filing a Claim? Here's What to Expect

When we visit a dentist, we trust that we’re in good hands.

Whether it’s a routine cleaning, a cavity filling, or a more complex oral surgery, patients rightfully expect safe, professional, and competent care. Unfortunately, dental malpractice is more common than many realize, and the consequences can be painful, expensive, and even permanent.

If you’ve been harmed by a dentist’s negligence, you may have grounds for a dental malpractice claim. 

At Morgan & Morgan, we believe that no one should bear the burden of a healthcare provider’s mistake. For more information on your legal options or help filing a claim, contact Morgan & Morgan for a free case evaluation today.

What Is Dental Malpractice?

Dental malpractice occurs when a dentist or oral healthcare professional provides treatment that falls below the accepted standard of care, resulting in injury or harm to the patient. Like medical malpractice, dental malpractice is a form of professional negligence.

Not every bad experience at the dentist qualifies as malpractice. For a situation to rise to the level of a legal claim, four key elements must be present:

• Duty of Care: The dentist had a professional obligation to treat you according to accepted dental standards.
• Breach of Duty: The dentist failed to meet those standards through action or inaction.
• Causation: This failure directly caused you harm.
• Damages: You suffered measurable losses, whether physical, emotional, or financial.

If all four elements are met, you may be able to pursue a dental malpractice lawsuit.

Common Types of Dental Malpractice

Dental malpractice can take many forms, ranging from surgical errors to failure to diagnose serious conditions. Some of the most common types include:

Misdiagnosis or Failure to Diagnose

Dentists are responsible for identifying oral diseases such as oral cancer, gum disease, infections, or abscesses. A failure to properly diagnose these conditions can lead to delayed treatment and worsen a patient’s outcome.

Surgical Mistakes

Errors during procedures like tooth extractions, root canals, or dental implants can result in nerve damage, excessive bleeding, or permanent injury. In some cases, surgical tools or fragments are even left inside the patient’s mouth.

Anesthesia Complications

Improper administration of anesthesia can lead to serious complications, including allergic reactions, over-sedation, or even death. Dentists and oral surgeons must assess a patient’s medical history and administer sedation safely.

Nerve Damage

One of the most devastating outcomes of dental negligence is nerve damage. This may occur during extractions, implants, or root canals, leading to chronic pain, numbness, or paralysis in the tongue, lips, or jaw.

Infections

Failure to maintain a sterile environment or to prescribe proper antibiotics after a procedure can cause serious infections. If left untreated, these infections may spread to other parts of the body.

Improper Tooth Extraction

Extracting the wrong tooth or damaging surrounding teeth and tissues during the procedure can cause unnecessary pain and require further corrective treatment.

Denture Adhesive Poisoning

Denture glue is a common type of adhesive used for dentures. Different glue ingredients will have a range of diverse effects on the body of the person using the adhesive. 

Unnecessary Procedures

Performing dental work that isn’t medically necessary, such as extracting healthy teeth or pushing cosmetic treatments, may be considered malpractice, especially when it causes harm.

What Are the Consequences of Dental Malpractice?

Dental malpractice can lead to a range of short- and long-term consequences, including:

• Chronic facial or jaw pain
• Nerve damage and loss of sensation
• Difficulty eating or speaking
• Disfigurement or scarring
• Infections requiring hospitalization
• Emotional distress or trauma
• Costly corrective dental work or surgery

Some victims even lose their ability to work or enjoy their daily lives due to ongoing complications.

What Should I Do if I Suspect Dental Malpractice?

If you believe you’re a victim of dental malpractice, you should take the following steps as soon as possible:

1. Seek Medical Attention

If you’re experiencing pain, infection, or any signs of injury, get treated by a medical professional or a different dentist. Your health should be your top priority.

2. Document Everything

Gather and preserve all medical records, billing information, photographs of your injuries, and written communications with the dental provider. These documents can be critical in building your case.

3. Get a Second Opinion

Another dental professional can assess the damage and provide a written evaluation of the original provider’s errors, which may help establish negligence.

4. Contact a Dental Malpractice Attorney

Dental malpractice claims are complex, and the success of your case often depends on having a knowledgeable legal team on your side. Morgan & Morgan offers free case evaluations to help you understand your rights and legal options.

Filing a Dental Malpractice Claim: Step-by-Step

At Morgan & Morgan, we’ve handled thousands of medical and dental malpractice cases across the country. Here’s what you can expect when you file a claim with us:

Step 1: Free Case Evaluation

We start with a free, no-obligation consultation where we listen to your story, review any documentation, and determine whether your case meets the legal criteria for malpractice.

Step 2: Case Investigation

If we move forward, we’ll launch a thorough investigation. This may include:

• Reviewing dental records and X-rays
• Interviewing witnesses and other providers
• Consulting expert dental professionals
• Assessing damages and long-term impact
  
   

Step 3: Filing the Lawsuit

Once we’ve built a strong case, we’ll file a dental malpractice lawsuit on your behalf. The defendant (dentist or dental practice) will be served with legal notice.

Step 4: Pre-Trial Process

During this phase, both parties exchange information through a process called discovery. We may also engage in settlement negotiations. Many malpractice cases are resolved before trial.

Step 5: Trial (If Necessary)

If a fair settlement cannot be reached, we’ll represent you in court. Our trial lawyers are nationally recognized and prepared to fight for full and fair compensation.

How Long Do I Have to File a Dental Malpractice Claim?

Each state has a statute of limitations, a legal time limit for filing malpractice claims. This typically ranges from one to three years from the date of the injury or the date the injury was discovered.

However, deadlines vary based on location and circumstances. Missing the filing window could mean losing your right to pursue compensation. That’s why it’s so important to speak with a lawyer as soon as possible.

What Can I Be Compensated For?

A successful dental malpractice claim may result in financial compensation for both economic and non-economic damages, including:

Economic Damages

• Medical and dental bills (past and future)
• Costs of corrective procedures
• Lost wages or earning capacity
• Prescription medication
• Travel expenses related to treatment
  
   

Non-Economic Damages

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Disfigurement
• Disability or impairment

In rare cases, punitive damages may be awarded if the dentist’s conduct was especially reckless or malicious.

How Much Is My Case Worth?

The value of a dental malpractice case varies based on factors such as:

• Severity and permanence of injury
• Impact on quality of life and ability to work
• Cost of medical treatment and corrective procedures
• Strength of the evidence
• Jurisdiction and case law in your state

While no two cases are the same, Morgan & Morgan’s experienced attorneys work tirelessly to maximize compensation for our clients.

Can I Sue a Dentist for Pain and Suffering?

Yes. If you’ve experienced unnecessary pain due to negligence, whether from a botched procedure, delayed diagnosis, or anesthesia error, you may be entitled to damages for pain and suffering.

Is It Hard to Prove Dental Malpractice?

It can be, which is why having a skilled attorney is so important. Proving malpractice requires showing that the dentist’s actions fell below professional standards and directly caused your injury.

Do I Need an Expert Witness?

In most states, expert testimony from a qualified dental professional is required to support your claim. Morgan & Morgan will secure experts who can speak to the standard of care and how it was breached.

Can I Sue a Dental Hygienist or Oral Surgeon?

Yes. Any licensed dental professional, including hygienists, assistants, and oral surgeons, can be held accountable for negligence if their actions caused you harm.

Why Choose Morgan & Morgan for Your Dental Malpractice Claim?

If you believe you’ve been the victim of dental malpractice, don’t wait to seek justice. The physical, emotional, and financial toll of a dentist’s negligence can be overwhelming, but you don’t have to go through it alone.

Morgan & Morgan is America’s largest injury law firm, with over $25 billion recovered for clients and law offices in every state across the country. When it comes to dental malpractice, we bring a unique combination of resources, experience, and compassionate legal advocacy.

Our legal team works with dental and medical professionals who can help prove negligence and calculate damages, and our experienced attorneys have successfully represented thousands of clients in malpractice claims, both in and out of the courtroom.

We treat each case with care, giving you the support and communication you deserve throughout the legal process.

Let the experienced attorneys at Morgan & Morgan evaluate your case and fight for the compensation you deserve. Contact us today for a free, no-obligation case evaluation.