Dental Malpractice Frequently Asked Questions

Dental Malpractice is where the dental patient suffers injury as a result of negligence or failing to meet the standard of care on the part of the dentist or dental provider.

The patient would need to consult with an attorney and/ or with a dentist.

Some examples of potential dental malpractice would be injury to nerves causing numbness or pain, failed root canals that are not addressed, fracture of the jaw or displacement of the jaw causing what's called temporomandibular joint dysfunction, ill-fitting crowns, failure on the part of the dentist to be vigilant in the treatment of decay.

The attorney would need the dental records and bills from the dentist along with records from other dentists that have treated the patient.

See the answer to #3

The patient should contact an attorney and possibly get a second opinion.

Yes, you can still pursue a dental malpractice case since the practitioner cannot waive negligence.

A TMJ injury is a temporomandibular joint injury where the joints that join the jaw to the skull have been displaced and the patient often has clicking when opening or closing his or her mouth and pain in these areas.

These can occur from trauma, from dislocation of the jaw and other causes.

Pain, clicking of the joints, and headaches.

Consult with an attorney and/or another dentist.

This can be determined by way of dental examination, x-rays and presence of pain or pus.

Dental infections left untreated can lead to the need for root canals and extraction of the tooth if the tooth has been too badly damaged by the infection.

As with any medical or dental malpractice case, there is a 1 year statute of limitations. The question as to when this one year period begins is more complex and needs to be discussed with an attorney.

Again this would include undergoing x-ray studies and examination by a dentist. There may also be symptoms such as pain.

The patient would need to consult with a dentist and undergo radiology studies.

It would depend on the case. As many as 50% of root canals that are performed fail, so just having a failed root canal is not necessarily the basis for a lawsuit.

It could be a nerve injury. It depends on the symptoms and in particular the time frame in which the numbness continues.

There can be numbness and there can also be pain and loss of motor or sensory function.

Extraction of teeth is one of the main ones.

It usually takes 1-5 days for Novocain to wear off.

If you have the numbness and lack of sensation for a lengthy period of time there may be a nerve injury.

This is possible. Be sure to inform the treating dentist of any and all drug reactions or sensitivities you have had prior to his treatment.