9 Common Dental Negligence Lawsuits

Can You Sue a Dentist for Dental Negligence?

Yes. You may be able to sue a dentist for negligent dental treatment if their failure to provide the accepted standard of care caused you to suffer a serious injury. Dental negligence is a form of medical malpractice, and successful claims generally require proving that a dentist, dental hygienist, or another dental professional failed to provide appropriate care and that this failure directly resulted in harm.

Not every unsuccessful dental procedure amounts to malpractice. To pursue a dental negligence claim, you must generally show that the provider’s conduct fell below the accepted standard of care and caused significant damages.

How to Prove Dental Malpractice

At Mattiacci Law Firm, we represent clients throughout Pennsylvania who have suffered injuries because of negligent medical and dental care. Dental malpractice cases are highly fact-specific, and proving negligence requires substantial evidence and, in most cases, expert testimony.

Because malpractice has a specific legal definition, not every dental complication qualifies as negligence. The treatment must have resulted in a serious injury that was caused by the provider’s failure to meet the accepted standard of care. If these legal elements cannot be established, the claim may not succeed.

How to Sue a Dentist

To successfully bring a dental malpractice lawsuit, you must prove that your injuries resulted from a dentist’s negligent treatment or failure to provide appropriate care.

Generally, every dental malpractice claim must establish four basic legal elements:

• Duty
• Breach of Duty
• Causation
• Damages

Although many patients experience discomfort or complications after dental procedures, not every adverse outcome is considered malpractice. An experienced attorney can review your situation, evaluate the available evidence, and determine whether you may have a valid legal claim.

Dental Malpractice Cases Require Proper Documentation

One of the most important pieces of evidence in a dental malpractice lawsuit is the patient’s dental record. Proper documentation helps establish exactly what treatment was provided, when it occurred, and whether the provider followed accepted standards of care.

Complete documentation often includes:

• Copies of signed informed consent forms for any procedures performed
• A detailed medical and dental history
• A documented treatment plan, including the reason for each recommended procedure
• Progress notes created at or near the time treatment was provided

If a malpractice lawsuit is filed, the dental records will likely receive close scrutiny from attorneys, insurance companies, expert witnesses, and the court. Missing records, inconsistent charting, or incomplete documentation can significantly affect the outcome of the case.

Reasons to Sue a Dentist

Dental malpractice can occur in many different ways. Some of the more common reasons patients file dental negligence lawsuits include:

• Anesthesia complications
• Failure to diagnose oral disease or oral cancer
• Injuries to facial or oral nerves
• Problems involving crowns or bridges
• Tooth extraction complications
• Root canal injuries
• Novocain or local anesthesia complications
• Serious infections
• Wrongful death

If you believe your injuries were caused by negligent dental treatment, you should consider speaking with an experienced dental malpractice attorney as soon as possible. A lawyer can review your records, explain your legal rights, and determine whether you may have grounds to pursue compensation.

If you believe you may have a dental malpractice claim, contact Mattiacci Law Firm to schedule a free consultation with an attorney.

10 Dental Negligence Case Examples

Below are several examples of dental negligence claims that illustrate the types of situations that may give rise to a dental malpractice lawsuit.

Case #1: Extractions

Tooth extraction cases account for a significant number of dental malpractice claims. In one group of cases involving infections after extractions, every affected patient required hospitalization, and eight individuals ultimately died from complications related to the infection.

Other extraction-related claims involved permanent nerve injuries where dentists failed to properly diagnose, refer, or monitor the patient’s condition. Some cases included sinus perforations that went untreated because the dentist neither identified the injury nor referred the patient to a specialist.

One particularly serious case involved a dental bur that perforated the sinus cavity, fractured during the procedure, and remained inside the patient’s sinus without any attempt to remove it or refer the patient for additional treatment.

Additional claims involved undiagnosed mandibular fractures and temporomandibular joint (TMJ) injuries. Among the providers involved in these extraction cases, 51 were general dentists and 12 were oral surgeons.

Case #2: Endodontic Procedures

Endodontic procedures, such as root canals, represent another common source of dental malpractice claims. In the cases reviewed, all of the defendants were general dentists.

The alleged negligence included instruments being left inside root canals, perforations involving nerves or the sinus cavity, air embolisms, and severe infections that became life-threatening. Several patients developed brain abscesses, while another suffered osteomyelitis. Of the eight serious infection cases identified, four resulted in death and four caused permanent brain damage.

These examples demonstrate how complications during routine endodontic treatment can become catastrophic when the accepted standard of care is not followed.

Case #3: Dental Implants

Dental implant procedures have also been the subject of numerous negligence claims.

Some lawsuits involved patients losing anywhere from two to ten implants because treatment planning was either inadequate or entirely absent. In another case, a patient developed a serious post-operative infection that ultimately proved fatal.

Among the implant-related malpractice claims reviewed, 24 involved general dentists and one involved a periodontist. Many of these lawsuits alleged that the provider failed to properly evaluate the patient before placing implants or did not adequately plan the procedure to ensure long-term success.

Case #4: Substandard Crown, Bridge Treatment

Claims involving crowns and bridges often share several common characteristics, making them difficult to divide into smaller categories.

Many of these lawsuits involved full-mouth reconstructions where patients experienced numerous problems, including:

• Open crown margins
• Overhanging restorations
• Poor bite alignment (occlusion)
• Improper treatment planning

One recurring issue throughout these cases was the lack of a comprehensive treatment plan before extensive restorative work was performed. Every defendant involved in this category was a general dentist.

Poor planning combined with improperly fitted restorations often resulted in patients requiring extensive corrective dental work.

Case #5: Periodontal Disease

Another common source of dental negligence claims involves the failure to properly diagnose or treat periodontal (gum) disease.

In the cases reviewed, there were 19 separate claims alleging delayed diagnosis or inadequate treatment of periodontal disease. All of the providers involved were general dentists.

Many of these lawsuits shared similar allegations, including:

• Dental X-rays were not taken on a routine basis.
• Periodontal probing measurements were rarely recorded or were missing entirely.
• Signs of progressive gum disease were overlooked during regular examinations.

Because periodontal disease can gradually destroy the gums and supporting bone around the teeth, delayed diagnosis may eventually result in tooth loss and the need for extensive restorative treatment.

Case #6: Orthodontics

Orthodontic treatment also accounted for a number of dental malpractice claims. In the cases reviewed, there were 18 claims involving orthodontic complications, including 14 cases involving severe root resorption.

Many patients experienced significant damage to multiple teeth, and in numerous cases those teeth were ultimately lost. A recurring issue was the failure to obtain routine radiographs throughout treatment, making it difficult to identify problems before they became severe.

Of the dental professionals involved, six were orthodontists and 12 were general dentists. The remaining cases involved injuries to the temporomandibular joint (TMJ), which allegedly developed during orthodontic treatment.

Case #7: Dental Anesthesia Complications

Dental anesthesia complications were tied with tooth extractions for the highest number of patient fatalities in the cases reviewed.

There were 12 malpractice claims involving anesthesia complications, eight of which resulted in the patient’s death. Tragically, three of those fatalities involved children.

The providers named in these claims included:

• Four oral surgeons
• Two pediatric dentists (pedodontists)
• Six general dentists

These cases highlight the importance of properly evaluating a patient’s medical history, administering anesthesia safely, and closely monitoring patients throughout treatment.

Case #8: Dental Infections

Serious infections following dental treatment can quickly become life-threatening if they are not recognized and treated promptly.

Among the 11 malpractice claims involving dental infections, patients suffered devastating complications that included:

• Four fatalities
• Two brain abscesses
• One case of septic arthritis

Nine of the defendants were general dentists, while two were oral surgeons.

Many of these lawsuits alleged delayed diagnosis, inadequate follow-up care, or failure to properly manage infections before they became severe.

Case #9: Dental Injections

Dental injections can also lead to malpractice claims when they cause permanent nerve damage.

Of the 10 cases reviewed, seven involved injuries to the lingual nerve, while three involved damage to the inferior alveolar nerve.

According to the allegations, the dentists recognized that the injection needle had contacted the nerve but failed to immediately withdraw and reposition it as recommended in accepted dental literature. In many of the cases, the providers also failed to monitor the patient’s condition or refer them for additional treatment after the injury occurred.

Among the defendants, seven were general dentists and three were oral surgeons.

Case #10: Adverse Drug Reactions

Adverse drug reactions represented another category of dental negligence.

In all five of the reported cases, the medication administered was allegedly contraindicated based on the patient’s documented medical history.

Two of these cases resulted in patient fatalities.

The providers involved included one periodontist and four general dentists.

Carefully reviewing a patient’s medical history before prescribing or administering medication is a critical part of providing safe dental care, and failing to do so can have devastating consequences.

Schedule a FREE Consultation Today

At Mattiacci Law Firm, we are proud to represent individuals throughout Pennsylvania who have been seriously injured because of negligent medical and dental care. If you believe a dentist or other dental professional failed to provide appropriate treatment and caused you significant harm, our legal team is here to help.

Dental malpractice claims often involve complex medical issues, extensive records, and expert testimony. Our attorneys understand what it takes to investigate these cases, establish negligence, and pursue the compensation injured patients deserve.

During your free consultation, we’ll review the facts of your case, explain your legal options, evaluate the damages you’ve suffered, and answer any questions you may have about pursuing a dental malpractice claim. If appropriate, we’ll conduct a thorough investigation and build a strategy tailored to your unique circumstances and legal goals.

If you’ve been injured by a negligent dental professional in Pennsylvania, contact Mattiacci Law Firm today to schedule your free, no-obligation consultation. Our experienced legal team is committed to helping victims of dental malpractice seek justice and recover the compensation they deserve.