Do I need a lawyer for dental malpractice in California?

You likely need a lawyer if you suffered permanent nerve damage, jaw injury, severe infection, or other significant harm from dental treatment. Minor complications that resolved quickly may not warrant legal action. Dental malpractice cases require expert testimony to prove negligence.

What qualifies as dental malpractice in California?

Dental malpractice occurs when a dentist fails to meet the standard of care expected of a reasonably competent dentist, causing harm. This includes wrong tooth extraction, nerve damage during procedures, improper anesthesia, failure to diagnose oral cancer, infections from unsanitary conditions, and surgical errors.

What is the statute of limitations for dental malpractice in California?

In California, you have 1 year from when you discovered or should have discovered the injury to file, with an outer limit of 3 years from the date of treatment (Code of Civil Procedure 340.5). Earlier discovery can shorten this deadline significantly.

Do I Need a Dental Malpractice Lawyer?

Answer 6 quick questions to get a personalized recommendation

What type of dental treatment caused your injury?

Oral surgery - extractions, implants, or jaw surgery

Root canal or endodontic treatment

Crowns, bridges, or major restorations

Routine cleaning, fillings, or minor procedures

What injury or harm did you suffer?

Permanent nerve damage - numbness, tingling, or loss of sensation

Jaw damage, TMJ issues, or facial deformity

Severe infection requiring hospitalization

Wrong tooth extracted or healthy teeth damaged

Pain or complications that required additional treatment

How long have the effects of the injury lasted?

Permanent or likely permanent damage

Ongoing for months with uncertain recovery

Weeks to months but improving

Resolved within days/weeks

What are your estimated damages (corrective treatment, lost income, etc.)?

Over $50,000

$20,000 - $50,000

$5,000 - $20,000

Under $5,000

Was there a failure to inform you of risks or obtain proper consent?

Yes - wasn't told about risks that occurred

Yes - procedure performed without my full consent

Unsure - paperwork was rushed

No - risks were explained adequately

Have you had another dentist evaluate the work and confirm it was substandard?

Yes - another dentist said the work was negligent/improper

Yes - another dentist had to fix problems but didn't comment on negligence

No - haven't gotten a second opinion yet

No - other dentist said the complication was a known risk

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You Should Consult a Dental Malpractice Lawyer

Your case involves significant harm that may warrant legal action. Dental malpractice cases require expert testimony to prove negligence. An experienced attorney can evaluate your case, obtain records, and work with dental experts.

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Legal Action May Not Be Worthwhile

Based on your answers, your damages may be too low to justify a malpractice lawsuit (which is expensive to litigate). Consider filing a complaint with the Dental Board of California and requesting a refund from the dentist directly.

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Consider a Consultation

Your case has elements that may support a claim, but dental malpractice cases are expensive to pursue. A consultation with an experienced attorney can help you understand if your case is viable.

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When to Hire a Dental Malpractice Lawyer in California

Dental malpractice cases are challenging because they require proving the dentist deviated from the standard of care AND that this deviation caused your injury. Not every bad outcome is malpractice - some complications are known risks even with proper care.

⚠️ Time-Sensitive: California Statute of Limitations

California has a strict 1-year statute of limitations from when you discovered (or should have discovered) the injury, with an outer limit of 3 years from treatment. Don't delay in seeking legal advice.

Common Types of Dental Malpractice

Type of Negligence	Examples
Surgical Errors	Wrong tooth extraction, nerve damage during extraction, jaw fracture, sinus perforation
Diagnostic Failures	Failure to diagnose oral cancer, periodontal disease, or infections
Treatment Errors	Improper root canal, broken instruments left in tooth, ill-fitting crowns/bridges
Anesthesia Issues	Overdose, adverse reactions, failure to review medical history
Infection/Sanitation	Cross-contamination, failure to sterilize equipment, post-procedure infections
Informed Consent	Failure to explain risks, performing procedures without consent

Why Dental Malpractice Cases Are Difficult

Expert testimony required: Another dentist must testify the care was negligent
High litigation costs: Cases can cost $50,000+ to pursue through trial
MICRA damages cap: Non-economic damages (pain/suffering) capped at $350,000+ (adjusting annually)
Known risks: Many complications are recognized risks of dental procedures
Causation challenges: Must prove the negligence caused the harm

When You Have a Strong Case

Permanent nerve damage (inferior alveolar or lingual nerve injury)
Wrong tooth extracted
Severe infection from unsanitary conditions
Failure to diagnose oral cancer that progressed
Jaw fracture or TMJ damage from extraction
Objects (broken instruments) left in your mouth
Multiple documented errors by the same dentist

When You May Not Have a Case

Complications that are known risks you were warned about
Discomfort or pain that resolved normally
Low-value claims (under $25,000 in damages)
Cosmetic results you're unhappy with but aren't negligent
No permanent injury or lasting effects

MICRA and Damages Caps

California's Medical Injury Compensation Reform Act (MICRA) applies to dental malpractice:

Non-economic damages (pain/suffering) capped - now over $350,000 and increasing annually
No cap on economic damages (medical bills, lost wages)
Attorney fees limited by sliding scale
Periodic payment of future damages over $50,000

Steps to Take

Get all dental records - You have a right to copies
Get a second opinion - Have another dentist evaluate
Document everything - Photos, symptoms, expenses
File a Dental Board complaint - Protects others even if you don't sue
Consult an attorney - Most offer free evaluations

Filing a Dental Board Complaint

Even if you don't pursue a lawsuit, filing a complaint with the Dental Board of California can:

Trigger an investigation of the dentist
Lead to disciplinary action
Protect future patients
Create a record that may help your case

Related Resources

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