Suing A Dentist: When And Why To Take Legal Action

While it is possible to sue a dentist for dental malpractice, it can be challenging to win such a case. Dental malpractice lawsuits are a form of medical malpractice claim, which means that the dentist's treatment must fall below the acceptable standard of care in the patient's state. Dentists have a legal duty to their patients to concentrate and work within their scope of practice. To sue for dental malpractice, the patient must prove causation, duty, and damages. Causation is considered the most important element, as the patient must show that the dentist's breach of duty directly caused them harm. The patient must also demonstrate that they suffered harm as a result of the breach, which can include physical injury, pain and suffering, dental expenses, lost wages, and attorney's fees. However, it is important to note that dental injuries are often easily corrected and may not be considered substantial enough to constitute filing a lawsuit.

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Suing for nerve damage

Suing a dentist for nerve damage is possible, but it depends on the circumstances of the injury. Dentists have a legal duty to prevent harm and must maintain a professional standard of care when working with patients. If a dentist fails to uphold this standard of care and causes nerve damage, they can be held liable for dental malpractice or negligence.

Nerve damage is a serious and sometimes irreversible injury that can result from various dental procedures. The most commonly affected nerves include the inferior alveolar nerve (IAN) and the lingual nerve (LN). The IAN runs along the lower jaw and provides sensation to the teeth, gums, lips, chin, and cheeks. If damaged, symptoms can include pain, tingling, numbness, drooling, and slurred speech. The trigeminal nerve is another nerve that can be damaged during dental procedures if the dentist does not exercise utmost care.

To hold a dentist legally accountable for nerve damage, proving negligence is crucial. This involves demonstrating that the dentist failed to provide the standard of care that a reasonably competent dentist would have provided under similar circumstances. Factors to consider include whether the dentist failed to diagnose a pre-existing condition that could increase the risk of nerve damage, whether the procedure was performed with improper technique or lack of necessary precautions, and whether the dentist had the necessary training and qualifications to perform the procedure. Expert testimony may be required to establish a clear link between the dentist's conduct and the nerve damage.

In addition to proving negligence, individuals seeking to sue for nerve damage must also show that they suffered harm as a result. This can include physical injuries such as persistent numbness, tingling, or pain, as well as potential loss of function in the muscles or tissues surrounding the nerve. Emotional distress, such as anxiety or depression resulting from chronic pain and physical limitations, may also be considered. Individuals may also incur additional medical costs for further treatments, medications, or corrective surgeries.

It is important to consult with a skilled and knowledgeable dental malpractice attorney if considering legal action. The process for filing a lawsuit against a dentist can be complicated and vary from state to state, depending on personal injury, malpractice, and negligence laws. A malpractice lawyer can help gather evidence, prove liability, and determine the compensation to which the individual may be entitled. They can also ensure that any legal action is taken within the statute of limitations, which varies by state.

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Proving negligence

Once you have established that you were a patient of the dentist, you need to prove that they breached their duty of care, causing you harm. This can be demonstrated through expert testimony, which will determine whether the dentist's conduct fell below the standard of care and if another dental professional in the same circumstances would have made different decisions. An example of a violation of the duty of care is a dentist who fails to properly repair a cracked tooth, resulting in further injury or illness for the patient.

In addition to proving causation, you must also show that you suffered harm as a result of the breach. This can include physical injuries, financial losses, or other damages. For example, if you had to pay for additional dental treatment to repair the damage caused by the negligent act, you can include these out-of-pocket expenses in your claim.

It is important to note that not all personal injury lawyers are qualified to handle malpractice suits. Therefore, it is recommended to consult with a skilled and knowledgeable dental malpractice attorney who is experienced in suing dentists in medical malpractice cases. They can help you navigate the complex process, gather the necessary evidence, and ensure your claim is filed within the statute of limitations.

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Wrongful death lawsuits

While dental malpractice suits can arise from botched surgery or the administration of harmful medications, dental injuries are often easily corrected and are typically not considered substantial enough to constitute filing a lawsuit.

However, in some cases, individuals do die as a result of a dental procedure, usually due to a mistake in the administration of anesthesia. In such cases, the representative of the deceased individual may sue for wrongful death.

State laws vary, but to sue a dentist for wrongful death, the plaintiff must typically prove the following:

• The patient passed away.
• The patient's death was caused by the dentist's negligence or medical malpractice.
• The plaintiff can establish damages, such as loss of money, love, and companionship as a result of the patient's death.

For example, in 2025, the sons of a Georgia man filed a wrongful death lawsuit against a dentist, Suzanne Renee Mericle, who was charged with murdering their father, James David Barron. Mericle owned a dentistry office on St. Simons Island, and was accused of shooting Barron during an argument.

Another example involves two wrongful death lawsuits in Arizona, where patients Sharlon Stemmons and Ralph Chapman died following dental procedures involving the administration of anesthesia. The families of the decedents sued for wrongful death and medical negligence.

Statute of limitations

The statute of limitations is a deadline for initiating legal action that gives a person a specific amount of time to file a lawsuit after an incident or injury. If a person does not file a lawsuit before the statute of limitations expires, they permanently lose their right to sue. The statute of limitations for dental malpractice claims varies from state to state. For example, in Maryland, dental malpractice falls under the umbrella of medical malpractice and is subject to a five-year statute of limitations. This means that an individual has five years from the date the dentist commits malpractice to file a lawsuit, regardless of when the harm was discovered.

Other states, such as State X in one case study, have a longer statute of limitations for minors. In these states, the three-year statute of limitations for minors does not start until the individual turns 18, giving them until their 21st birthday to pursue a dental malpractice lawsuit. In certain circumstances, the statute of limitations for dental malpractice may be paused, such as in cases of fraudulent concealment where the dentist hides the harm they caused.

The continuous treatment rule is another exception to the statute of limitations. Under this rule, the statute of limitations does not begin to run until treatment by the doctor for the same condition stops. For example, if a dentist begins treating a patient's tooth erosion in December 2022 and continuously provides treatment for the same condition until September 2023, the statute of limitations will begin in September 2023.

It is important to consult with a skilled and knowledgeable personal injury lawyer if you are considering suing your dentist for dental malpractice. The process for filing a lawsuit against a dentist can quickly become complicated and could vary depending on each state's laws regarding personal injury, malpractice, and negligence. A malpractice lawyer can help individuals file their claim before the expiration of the statute of limitations that applies to their specific case.

Dental malpractice defences

Dental malpractice suits are difficult to win. A successful dental malpractice claim usually has four key elements. Firstly, a dentist-patient relationship must be established, creating a legal duty of care. Secondly, the dentist's actions or omissions must breach that duty. For example, failing to properly sterilise instruments, leading to an infection, would be a breach of duty. Thirdly, the breach of duty must result in harm or injury to the patient. Finally, the harm or injury must result in damages to the patient, which can be economic, covering things like the cost of corrective procedures, medication, and other related medical expenses, or non-economic, such as pain and suffering.

One common defence strategy in dental malpractice cases is to argue that the dentist used an atypical technique or procedure due to the unusual nature or urgency of the patient's condition. Another possible defence is that the dentist's actions met the "standard of care", which refers to what another dentist with similar experience and qualifications would do in the same or a similar situation. This standard can vary depending on factors such as the dentist's specialty, the patient's medical history, and the known risks associated with the procedure.

Additionally, in some cases, the defence may argue that the patient provided informed consent, understanding the risks and potential complications of the procedure. This defence was successful in a case where a patient alleged that the dentist negligently failed to monitor their condition, resulting in a delay in diagnosis and the need for extensive surgical treatment.

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