Signs of Dental Malpractice: How to Spot Negligence

We trust dentists with our health, but dental procedures carry serious risks. When a dentist rushes, lacks proper training, or ignores safety protocols, the results can be catastrophic. If you are searching for signs of dental malpractice, you likely already suspect something went wrong.

At Shea Law Group, we distinguish between a simple complication and professional carelessness. Below, we outline the most common dental malpractice examples and how to tell if your injury warrants a lawsuit.

What Counts as Dental Malpractice?

In the eyes of the law, a bad experience becomes a lawsuit only when specific legal criteria are met. You cannot sue simply because a procedure was painful or didn’t last as long as you hoped. To build a successful claim, we must establish three foundational elements:

1. Duty of Care: We must prove the dentist had a professional relationship with you and owed you a standard level of competence.
2. Breach of Duty: We must show that the dentist’s actions fell below that acceptable medical standard (i.e., they did something a competent dentist would not have done).
3. Direct Causation: We must prove that this specific error directly caused your injury, rather than a pre-existing condition or bad luck.

If your situation fits this framework, you move from being an unhappy patient to a potential plaintiff. The next step is identifying exactly where the error occurred.

5 Common Dental Malpractice Examples

While every case is unique, dental negligence often follows specific patterns. Patients are often told their pain is “normal,” but sustainable injuries usually stem from preventable errors. We frequently litigate cases involving these five clear violations of safety standards:

1. Failure to Diagnose Oral Health Conditions

Your dentist is your first line of defense against disease. If they miss a clear warning sign, the consequences can be deadly.

• The Scenario: A patient complains of a sore spot, but the dentist ignores it.
• The Malpractice: If that lesion turns out to be oral cancer or advanced periodontal disease that could have been treated if caught earlier, the dentist may be liable for the progression of the disease.

2. Anesthesia and Medication Errors

Sedation dentistry is safe only when monitored correctly.

• The Scenario: A dentist administers general anesthesia without properly monitoring the patient’s vitals or prescribes a drug the patient is allergic to.
• The Malpractice: This can lead to brain injury, heart attack, or anaphylaxis. Failure to review a medical history is a clear breach of duty.

3. Nerve Damage (Permanent Paresthesia)

Nerves in the jaw are vulnerable during extractions and implant placement.

• The Scenario: During a wisdom tooth extraction or implant surgery, the dentist drills too deep or hits the inferior alveolar nerve.
• The Malpractice: While temporary numbness is common, permanent loss of sensation in the lip, chin, or tongue often signals that the dentist did not map the nerves correctly via X-rays before cutting.

4. Wrong-Site or Unnecessary Procedures

It sounds impossible, but it happens more often than you think.

• The Scenario: A dentist pulls the wrong tooth due to a chart mix-up or performs a root canal on a healthy tooth to increase billing.
• The Malpractice: This is often considered “battery” as well as malpractice. You consented to have Tooth A fixed, not Tooth B removed.

5. Infections Caused by Poor Sterilization

Post-op infections can happen, but they often stem from dirty tools.

• The Scenario: A patient develops severe swelling or sepsis days after a routine cleaning.
• The Malpractice: If evidence shows the clinic failed to sterilize equipment properly, they are liable for the resulting hospital bills.

Recognizing these signs is the first step. However, suspecting a problem and proving it in court are two different challenges. That is where our legal strategy begins.

Evidence We Use to Prove Your Case

Insurance companies rely on the fact that dental procedures are complex and difficult for laypeople to understand. They will claim your injury is a “known risk.” We counter their denials with hard evidence:

• Dental Records & Imaging: We compare “before and after” X-rays to show the timeline of the damage.
• Expert Witness Testimony: We hire independent dental experts to testify that your dentist violated safety standards.
• Informed Consent Forms: Did the dentist explain the risks? If they performed a procedure you didn’t agree to, they are liable.

This evidence transforms your personal account into a legally binding argument for compensation. Once liability is established, we focus on maximizing your financial recovery.

Learn more about how Shea Law Group handles dental malpractice cases.

Consult With an Experienced Dental Malpractice Attorney Today

If a dentist injured you, contact Shea Law Group today. We have the experience to challenge dental professionals and their insurance carriers to get you the compensation you deserve.