National Legal Representation for Victims of Dental Malpractice
Dental malpractice often results in serious, long-lasting injury, disease, or illness. When dental professionals fail to provide care that meets acceptable standards, patients can suffer painful and permanent harm. These mistakes are more than discomfort—they often lead to costly treatments, physical disfigurement, emotional trauma, and even death. Parker Waichman LLP represents victims of dental malpractice across all 50 states. If you or a loved one have been injured by negligent dental professionals, our attorneys stand ready to recover full and fair compensation for the harm you've endured. Whether your case involves surgical errors, misdiagnoses, or improper treatment or procedures, our legal team is here to hold those responsible accountable.
Dental care involves more than routine cleanings. Patients trust their providers to perform complex procedures with precision and care. A mistake during treatment can cause irreparable damage. Victims have legal rights, and filing a dental malpractice claim can help secure financial compensation for medical bills, future care, and other losses. These cases often require detailed investigation and a thorough legal approach to succeed.
Forms of Dental Malpractice and Their Consequences
Failure to Diagnose
When a dental provider fails to recognize serious conditions like oral cancer or periodontal disease, the consequences can be deadly. Early detection is essential to effective treatment. A delay in identifying these issues can allow them to progress to advanced stages, often requiring more aggressive care. In some cases, these delays reduce a patient's chance of survival. Victims of a failure to diagnose face not only physical pain and suffering, but also emotional distress and financial burden from cost of late-stage treatments.
Failure to Refer
There are many circumstances where a general dentist needs to refer a patient to a specialist for further evaluation or treatment. When dentists fail to make necessary referrals, they may miss conditions that require more specialized care. For instance, periodontists are trained to manage complex surgical or gum-related conditions. Delaying referrals can cause complications, prolong recovery, and result in unnecessary pain and suffering for the patient.
Incorrect Diagnosis
Misdiagnosing dental conditions often leads to inappropriate, improper or delayed treatment. Patients may receive care for problems they do not have or miss timely intervention for serious issues. Incorrect diagnosis of gum disease, nerve damage, or infections can make the condition worse. These errors may result in permanent injury, increased costs, and avoidable pain.
Lack of Informed Consent
Before performing a procedure or undertaking a treatment, dental professionals are required to explain the potential risks, alternatives, and expected outcomes. If a provider fails to obtain proper informed consent and a patient is harmed during treatment, that omission can support a malpractice claim. Patients have the right to make informed decisions about their care. Performing procedures or treatment without proper informed consent is a serious violation of that right.
Procedure Errors
Errors during dental treatment—such as extractions, fillings, or root canals—can cause significant injury. Mistakes like removing the wrong tooth, damaging adjacent structures, or leaving behind tool fragments can lead to infections, pain, and permanent damage. These injuries often require further, costly treatment and leave patients with long-term consequences.
Medication Errors
Dentists are responsible for prescribing medications that are appropriate for the patient's condition. Prescribing the wrong drug, administering the incorrect dose, or ignoring known allergies can lead to dangerous or even life-threatening reactions. Medication mistakes are a common source of dental malpractice claims.
Types of Injuries Caused by Dental Negligence
Nerve Damage
Improper drilling or carelessly performed procedures can damage nerves in the mouth, jaw, and face. Victims with nerve damage suffer from numbness, sharp pain, tingling, or altered sensation in the tongue, lips, or cheeks. These symptoms can be temporary or permanent, severely affecting speech, eating, and a victim's quality of life.
Bone Loss
Bone loss may occur due to poorly placed implants, untreated infections, or failure to manage advanced gum disease. This type of injury can cause facial deformity, weaken jaw stability, and prevent future dental restoration. Victims may require bone grafts or reconstructive surgery to repair the damage.
Defective Dental Work
Crowns, bridges, and dentures must be properly designed and fitted. Poorly constructed dental work can cause bite problems, jaw pain, and tooth decay. Patients often suffer for months or years before realizing the cause of their discomfort. Corrective procedures are costly and time-consuming.
Tooth Loss and Wrongful Extractions
Some dental malpractice cases involve the loss of healthy teeth, either through unnecessary extraction or collateral damage during treatment. Losing a tooth not only affects appearance, but can also impair chewing and speech. Patients may require implants or dentures to restore function.
Failed Implants and Oral Surgery
Implants and oral surgeries must be performed with precision. Improper technique, infection, or poor placement can cause implant failure. Victims may face repeated surgeries and the inability to chew or speak normally. Recovery can take months, with no guarantee of success.
Anesthesia Injuries
Dental anesthesia must be administered and monitored carefully. Errors can result in allergic reactions, respiratory issues, or excessive sedation. These complications can lead to hospitalization or long-term medical consequences.
Injuries to Mouth and Jaw Structures
Dental malpractice can cause injuries to the tongue, gums, palate, or jawbone. Cuts, burns, and fractures often result from carelessly used instruments or poor surgical planning. These injuries are painful and may require surgical repair.
Untreated Gum Disease
Gum disease progresses when not treated early. If a dentist fails to identify and manage it, the disease may cause tooth loss, infection, and bone deterioration. Treating advanced gum disease is more invasive and less effective than early intervention.
Cross-Contamination and Infection
Failing to sterilize instruments or use clean equipment increases the risk of infection. Patients may contract dangerous conditions due to unsanitary practices. These infections can spread quickly and, in severe cases, become life-threatening.
Filing a Dental Malpractice Lawsuit
To pursue a dental malpractice claim, the injured person must prove that the dentist owed a duty of care, that duty was breached, and the breach directly caused an injury. These cases rely on detailed records, imaging, and opinions from dental professionals. Victims must also demonstrate the extent of their damages, including pain, medical expenses, and long-term consequences.
In cases involving a wrongful death, the victim's family may seek compensation for the financial and emotional impact of the loss. This includes funeral costs, lost future income, and the loss of companionship. These cases often require strong medical evidence linking the death to negligent dental care.
Deadlines for filing a lawsuit vary by state. Some require action within a year, while others allow more time. Cases involving children or delayed discovery may have exceptions, but it is important to act promptly.
Why Legal Representation Matters
Dental malpractice cases can be difficult to prove. The injuries are often disputed, and the dental provider's insurance company will work to reduce or deny compensation. Without legal representation, victims risk accepting settlements that don't reflect the true cost of their injuries.
An attorney plays a key role by gathering evidence, speaking with qualified dental professionals, and presenting a clear argument for compensation. From filing paperwork to negotiating with insurers or taking the case to trial, legal support ensures that victims receive the justice they deserve.
Potential Compensation in Dental Malpractice Cases
Victims may recover compensation for:
- Current and future medical expenses.
- Corrective dental work or surgery.
- Pain and suffering.
- Lost wages or diminished earning capacity.
- Emotional distress.
- Permanent disability or disfigurement.
In wrongful death cases, families may also seek:
- Funeral and burial costs.
- Loss of income and benefits.
- Loss of companionship and guidance.
- Mental anguish.
Punitive damages may be awarded in cases involving reckless or willful conduct by the dental provider or repeated violations of care standards.
.svg){kind=small}
.avif)
.avif)
