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Dental Malpractice

Dental Malpractice generally refers to an injury caused by a negligent dentist. Any kind of negligence or poor quality dentistry can be defined as dentist malpractice, which could result in a dental malpractice lawsuit. Dental malpractice lawyers can determine whether you have a dental malpractice claim.


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Dental Malpractice

Dental Malpractice Negligence and malpractice occur in the dental profession as well as in any other profession. According to the National Practitioner Data Bank, one out of every seven medical malpractice cases directly involved a dental professional in 2006. Dental malpractice can occur if a dentist fails to diagnose or treat possible conditions such as oral cancer or other serious problems; delays diagnosis or treatment of oral disease or other precarious oral conditions; and any intentional misconduct on the dental professional's part.

Dental malpractice cases typically fall under malpractice law. As with medical malpractice claims, you must demonstrate that your injury is more than short-term pain. If you can prove that the dental care provider (including dental assistant, dental hygienist, oral surgeon )Dental Malpractice Negligence unintentionally or intentionally committed an act that no other reasonable prudent oral healthcare provider would have committed during the same time period, and that act must have caused significant injury, a dental malpractice attorney may help you recover considerable compensation if the case were to go to trial.

If you required expensive emergency surgery to correct what the dentist did wrong, if you missed a significant amount of work, or if you suffered permanent loss of sensation, or disfigurement along with pain and suffering, the dentist's malpractice insurance should allow you a fair settlement.

Negligent dental practice can include the following:
  • Nerve injuries that affect a patient's ability to taste and/or cause permanent numbness to the nerves of the tongue, jaw, chin and lips, including lingual nerve injury (tongue) and inferior alveolar nerve damage (lips, chin and jaw)
  • Permanent or temporary numbness or loss of taste sensation
  • Permanent or temporary structural injuries to the tongue, jaw, chin or lips
  • Temporo Mandibular Joint (TMJ) disorders
  • Wrongful death resulting from dental procedures or oral surgery
  • Injuries or death caused by improper or negligent administration of anesthesia
  • Complications arising from negligently completed crowns and bridges
  • Dentists' failures to take into account a patient's relevant medical history
  • Failure to detect oral cancer, periodontal disease, or other diseases
  • Certain complications from anesthesia, even when releases are signed
  • Unnecessary extraction of multiple teeth and/or extraction of wrong teeth
  • Molesting a patient while under sedation
  • Failure to obtain informed consent
  • Treatment exceeding the scope of informed consent
  • Complications from dental work performed months earlier
Dental Malpractice AttorneyAs well, an unethical dentist or dental professional may try to benefit financially by proceeding with unnecessary diagnosis and exams, follow through with their corresponding procedures, and either bill you for unnecessary procedures and/or collect higher insurance compensation.

Dental malpractice lawsuits can also include dental product liability claims, including silicone implants and dental lasers and legal malpractice claims based on underlying dental malpractice.

If You Suspect Dental Malpractice

Obtain a copy of all your dental records, including information that may be on the computer, such as your account history. It is also important that all x-rays be duplicated and obtained (there may be a charge), as well as progress notes, copies of prescriptions, copies of referral slips, etc. Your dental records, x-rays, and models belong to you and a health care provider is required by law to give you copies of your records.

Dental Malpractice Dental RecordsDental malpractice attorneys advise that you tell the provider you want your records for a second opinion dentist or to make sure that future dental providers are accurately informed about past dental history, to ensure that you obtain all records.

Document every event in a journal; it will help remind you of events and symptoms that occurred. The more evidence you have, the more credibility your dental malpractice claim has.

Statute of Limitations

There is a statute of limitations to file a dental malpractice claim, which varies from state to state. Some states also have tort claim statutes that require formal notification of a public hospital or government-employed healthcare provider regarding your claim within a very short period of time, sometimes as short as 180 days after treatment ends or after the suspected injury. Consult a qualified dental malpractice attorney regarding statutes.

If you believe that you suffered quantifiable damages as a result of negligence by a dentist, you may have grounds for a dental malpractice lawsuit. You should consult a qualified attorney who specializes in personal liability cases, and particularly in dental malpractice.

Dental Malpractice Legal Help

If you or a loved one has suffered damages in this case, please click the link below and your complaint will be sent to a lawyer who may evaluate your claim at no cost or obligation.
Last updated on Jun-19-10


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Posted by
Hi- I had my teeth removed on May 4, 2015. I developed an infection in my lower gums--the pain got worse and the dentist said she could not do anything about that. I went to see another dentist because I knew something was wrong. I developed osteomyelitis (infection in bone). The new dentist sent me to the ER and I had to spend a week in the hospital. Since then, I had to have 2 more jaw surgeries and this Wed. 2-3-2016 I have to have yet another surgery. If this does not work I will need to have a bone transplant. I have had consults with lawyers and no-one will take my cause. They said dentistry is a hard cause to fight . I am 61 years old and on disability--the bills are piling up and I am a wreck with worry and my depression is getting worse everyday as is the pain. Is there ANYTHING I can do to get compensation from the dentist who caused this problem ??

Posted by
I posted yesterday. I now have a pea-sized ball underneath my tongue, on the place where the initial dentist applied the needle to numb me. I visited my orthodontist today for a checkup on my expander. He was very concerned and told me that if the steroids and penicillin prescribed to me don't improve this in a day or two that I need to take this very serious. Again, more complications and stress from this botched/mismanaged root canal.

Posted by
I've been going to a corporate chain dentist for 2 years now. Slowly but surely, I've been getting my smile together. My next step was to get braces to straighten my teeth. My dentist took xrays and sent the ok(with apparently a half-heartedly filled out periodontal chart). I went to my orthodontist, who I was referred to by my dentist. After my orthodontic initial consultation, my orthodontist had a concern about a certain tooth possibly needing a root canal, so I was referred to a periodontal Dr. Of course, it was found that I needed a root canal. Here's where the issue begins: Yesterday, I show up for a scheduled appointment with my dentist to take care of this tooth. I come with xray in hand and the Dr(a new person, apparently the old one left the company), agrees that no xray is needed and that I indeed need a root canal, which we will start right away. 2 hours later of digging in my mouth and at least 8 xrays, I am told that she doesn't have the proper tool to get the remainder of the "material" out. I am referred to an endodontic Dr. I ask the Dr that was performing the root canal if it was ok if I didn't make the appointment right away because yesterday was actually my last day of vacation, and I had to return to work today. She said this was not an issue at all, and that my root canal is sealed off and to just call when I see the endodontic Dr so that we can get my crown on. No further instructions! Needless to say, as the night went on, the pain started getting worse and there was major swelling where the needles went in. My fiance had to drive to the store at 4 am to buy Advil, even though she insisted taking me to the hospital. I refused because I had to return to work. Thankfully after taking the Advil I was able to sleep a couple hours before work. I thankfully was able to cover my store(I am the manager) so that I could see the endodontic Dr today. He informed me that only 1 of the canals had been dealt with. He proceeded to drain the puss out of my gum and complete the root canal. Thanks to his knowledge and expertise for saving me, last night was the worst pain I've ever felt. I actually walked into the endodontic Dr today afraid. That's not me but yesterday really escalated quickly and it scared the crap out of me. The endodontic Dr prescribed me methylprednisolone, penicillin, ibuprofen and hydrocodone.

Posted by
Stephanie McDougall
My mandibular nerve was damaged and I don't know if that is considered malpractice or not... Still in allot of pain and had the work done a week ago today

Posted by
My son had pain on his back lower right side of his mouth. His father took him to the dentist and they pulled 2 adolescent teeth on the top right side of his mouth. Needless to say they took the wrong teeth out because he is still in excruciating pain...still in the spot that he had originally gone in for. And now I have to take him to a different dentist to get it corrected.

Posted by
I would like to talk with someone regarding a freezing which the dentist hit my nerve 3 times and now I have numbness in my chin and lower lip

Posted by
Javier Manriquez
I need an attorney to represent me. Malpractice dental work and lost my tooth #19.. Thanks Javier....

Posted by
Robert David
please call me I have some questions about a dentist damage my kid and they not going to fix the problem.

Posted by
Dentist looked at x ray black aera in front tooth , saying the tooth is not sealed,and may have decay. This tooth had a crown on for 20 years but felt ok had no flair up or infection on tooth . Dentist removed crown of 20 years and I asked him , is there decay and he responded not really he ground away with his grinding tool pushing hard for a tooth with no decay.Then he took a mold of the remaining tooth and sent it to the lab to generate a crown. 3 weeks later he cemented the crown on top of my tooth.I was feeling discomfort from the tooth when I ate hot and cold food and I feel my pulse in my tooth and it tingels .So I went back to get a larger one fitted he said yea the new crown is shorter than the original one he removed it and he order me a tighter fit from the lab.He put another temporary tooth on my tooth but I still felt my pulse after 3 weeks .He did not suggest I go for root canal or take an ex ray if the nerve was damaged .

Posted by
story too long but will be posting a link to website soon. Also look for Dental Nightmare on Facebook

Posted by
Did a crappy job, now my bite is all screwed up. I have bruxism that's causing serious gumline recession and decay.


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