Can You Sue for Dental Malpractice?

December 19, 2025 | Medical Malpractice

Can You Sue for Dental Malpractice?

When a routine dental visit leaves you with unexpected pain or serious injury, you may wonder whether you can seek legal relief. Dental malpractice, as a form of medical malpractice, occurs when a dentist fails to meet the accepted standard of care and harms a patient. 

In Pennsylvania, victims have legal options to pursue compensation for dental negligence. This article explains what qualifies as dental malpractice, how to prove a claim, and the key deadlines and requirements you must meet.

Defining Dental Malpractice

Dentists are trained medical professionals who must follow established standards in diagnosing and treating patients. Dental malpractice happens when a dentist or oral surgeon does something that a competent provider would not do under similar circumstances or fails to do something that a careful dentist would do. 

Examples of negligent acts include:

  • Misdiagnosis or delayed diagnosis: Failing to identify cavities, gum disease, oral cancer, or other conditions, allowing the problem to worsen.
  • Improper treatment: Performing unnecessary procedures, extracting the wrong tooth, or damaging surrounding teeth and tissues during a procedure.
  • Nerve or sinus injuries: Causing permanent numbness, tingling, or loss of taste by severing or injuring nerves in the jaw or face, or creating a hole into the sinus cavity during an extraction or implant.
  • Anesthesia mistakes: Administering too much or too little anesthetic, leading to severe pain, allergic reactions, or cardiac complications.
  • Foreign objects left behind: Leaving a piece of a tool or gauze in the mouth, which may cause infection and further surgery.

Not every bad outcome is malpractice. Dental procedures carry inherent risks, and some complications occur even when the dentist is careful. To succeed in a lawsuit, you must show that the dentist’s conduct fell below accepted standards and directly caused injury.

Elements of a Dental Malpractice Claim

To sue for dental malpractice, you must establish four legal elements:

  • Duty of care: The dentist agreed to treat you and therefore owed you a professional duty.
  • Breach of duty: The dentist acted negligently by failing to meet the standard of care. This usually requires testimony from another dental expert who explains what the dentist should have done.
  • Causation: The dentist’s negligence caused your injury. You must show that your harm would not have occurred if the dentist had provided proper care.
  • Damages: You suffered real harm—such as additional dental bills, lost income, physical pain, nerve damage, infection or emotional distress—that can be compensated with economic and non-economic damages.

Evidence is crucial. Collect dental records, X‑rays, photographs of injuries, and any written communications with the dentist’s office. Family members or friends who witnessed your condition before and after treatment can also provide statements. A personal injury attorney can help gather expert opinions to build your case.

Steps After Suspected Dental Malpractice

If you think a dentist caused you harm, take these actions:

  • Seek medical attention: Consult another dentist or oral surgeon to assess and treat your injuries.
  • Request records: Obtain copies of your dental records and X‑rays quickly to prevent alteration or loss of evidence.
  • Document your experience: Keep a journal describing pain, symptoms, and how the injury affects daily life. Save receipts and correspondence.
  • Contact an attorney: Dental malpractice cases are complex and require expert testimony. An experienced Pennsylvania personal injury lawyer can evaluate your claim, obtain the required certificate of merit, and file within the deadlines.
  • Avoid communicating with the dentist’s insurer: Insurers may try to get you to settle quickly or make statements that hurt your case. Let your attorney handle communications.

Dental malpractice cases often involve technical issues and strict procedural rules. An attorney can identify all liable parties, including the dentist, hygienist, dental practice, or manufacturer of defective equipment. 

Contact Marzzacco Niven & Associates for a Free Consultation 

Dental care should improve your health, not cause harm. When negligence occurs, Pennsylvania law allows you to seek justice. By acting promptly, preserving evidence, and consulting a qualified attorney, you can protect your rights and obtain the financial recovery you deserve.

If you’ve been injured or need a lawyer to help you with your case, please contact Marzzacco Niven & Associates at the nearest location to schedule a free consultation today:

Marzzacco Niven & Associates Harrisburg
945 East Park Drive, Suite 103 Harrisburg, PA 17111
(717) 231-1640

Marzzacco Niven & Associates York
2550 Kingston Road, Suite 210A York, PA 17401
(717) 995-8998

Marzzacco Niven & Associates Wyomissing
833 N. Park Road, Suite 103, Room A Wyomissing, PA 19610
(717) 388-2325

Marzzacco Niven & Associates Chambersburg
79 St. Paul Drive, Suite 1 Chambersburg, PA 17201
(717) 388-2378

Marzzacco Niven & Associates Carlisle
354 Alexander Springs Road Carlisle, PA 17015
(717) 995-8732

Marzzacco Niven & Associates Carbondale
30 Lincoln Avenue, Suite 101 Carbondale, PA 18407
(717) 995-8810

Marzzacco Niven & Associates Lancaster
2173 Embassy Drive, Ste 123, Lancaster Pa 17603
(717) 616-2954

Marzzacco Niven & Associates Lebanon
937 Willow Street, Suite D Lebanon, PA 17042-1140
(717) 995-8963