Dental Malpractice Claims: Suing a Dentist for Negligence

## When Dental Errors Cross the Line Into Malpractice

Dentists and oral surgeons are held to the same medical standard of care principles as physicians. When a dental professional's negligence causes preventable injury — nerve damage from an improperly placed injection, extraction of the wrong tooth, failure to diagnose oral cancer, or infection from unsterilized instruments — the patient has a right to pursue a dental malpractice claim. These cases follow the same legal framework as physician malpractice but require dental experts to establish the standard of care.

Inferior alveolar nerve damage during wisdom tooth extraction — causing permanent numbness or pain — is the most frequently litigated dental malpractice claim in the United States.

Common Dental Errors That Support a Malpractice Claim

Dental procedures carry inherent risks, but certain outcomes fall well outside the expected risk profile when they result from dentist negligence. Permanent nerve damage is never a guaranteed risk of routine extraction — when it results from improper technique or failure to review pre-procedure imaging, it is actionable. Failure to refer to an oral surgeon for a complex extraction when referral was clearly indicated is itself a standard-of-care violation.

• Inferior alveolar or lingual nerve damage from extractions or injections
• Extraction of the wrong tooth
• Failure to diagnose oral cancer during routine examination
• Infection from improper sterilization of instruments
• Paresthesia or numbness from improperly placed dental implants
• Anesthesia complications during oral surgery

Special Considerations in Dental Malpractice Claims

Dental malpractice cases typically involve smaller damage amounts than physician malpractice — which affects some attorneys' willingness to take them on contingency. Seek out firms that specifically advertise dental malpractice experience. Many state dental boards also offer complaint mechanisms that can produce disciplinary records against the dentist — powerful evidence in subsequent civil litigation.