Most people don’t think of dental care as particularly risky. After all, routine cleanings and fillings are among the most common medical procedures performed every day. But dental treatment involves real medical risks, and when dentists fail to meet professional standards, the consequences can be devastating—from permanent nerve damage to life-threatening infections.
If you’ve experienced serious harm from dental care in New Jersey, you may have a dental malpractice claim. Understanding your legal rights is the first step toward justice and recovery.
This comprehensive guide explains what constitutes dental malpractice under New Jersey law, the most common types of dental injuries, and how to pursue compensation when a dentist’s negligence causes lasting harm.
Understanding Dental Malpractice in New Jersey
Dental malpractice is a form of medical malpractice that occurs when a dentist, oral surgeon, orthodontist, or other dental professional fails to provide care that meets accepted professional standards, resulting in patient harm.
Like other medical malpractice claims, dental malpractice requires proving that the provider’s negligence—not simply an unfortunate outcome—caused your injury. Dental procedures can have complications even with excellent care. What separates a complication from malpractice is whether the dentist acted reasonably given the circumstances and information available.
Dentists Are Held to Professional Standards
New Jersey law holds dentists to the standard of care that a reasonably competent dentist would provide under similar circumstances. This standard considers:
- The dentist’s training and specialty
- The specific procedure being performed
- The patient’s individual health conditions
- Current accepted practices in the dental profession
When a dentist’s care falls below this standard and causes harm, malpractice has occurred.
Common Types of Dental Malpractice in New Jersey
Dental malpractice can take many forms. Here are the most frequently seen types of cases:
Nerve Damage and Facial Injuries
The mouth contains multiple nerves that control sensation and movement in the face, tongue, and lips. Dental procedures—particularly wisdom tooth extractions, root canals, and implant placement—carry risks of nerve damage when performed negligently.
Common nerve injuries include:
- Inferior alveolar nerve damage: Causes numbness, tingling, or pain in the lower lip, chin, and jaw
- Lingual nerve damage: Affects taste and sensation in the tongue
- Mental nerve damage: Leads to numbness or altered sensation in the chin and lower lip
In some cases, nerve damage is temporary and resolves within weeks or months. In others, the damage is permanent, leaving patients with chronic numbness, pain, or loss of function that affects eating, speaking, and quality of life.
Dentists have an obligation to properly evaluate anatomy before procedures, use appropriate techniques to avoid nerve injury, and warn patients of significant risks. When they fail to do so, and nerve damage results, malpractice may have occurred.
Wrong Tooth Extraction
Extracting the wrong tooth is never acceptable. This type of error represents a clear failure to follow basic safety protocols that require verification of the correct tooth before extraction.
Patients who suffer wrong-tooth extractions lose a healthy tooth unnecessarily while still requiring treatment for the problem tooth. They may need implants, bridges, or other prosthetics to replace the wrongly extracted tooth—all at significant cost and with additional procedures.
Infections from Unsanitary Conditions
Dental offices must maintain strict infection control protocols. When they don’t, patients can develop serious—even life-threatening—infections.
Infection risks from dental negligence include:
- Contaminated equipment: Improperly sterilized instruments can transmit bacteria, viruses, and other pathogens
- Poor surgical technique: Creating unnecessary trauma or failing to properly clean extraction sites
- Failure to prescribe prophylactic antibiotics: When indicated by the patient’s condition
- Inadequate post-procedure instructions: Leaving patients unable to properly care for surgical sites
Dental infections can spread rapidly, potentially causing systemic infection (sepsis), damage to the jaw bone, or even reaching the brain. What begins as a routine procedure can become a medical emergency when proper protocols aren’t followed.
Anesthesia Errors and Complications
Both local anesthesia (numbing injections) and sedation dentistry carry risks that require proper training and monitoring.
Local anesthesia errors:
- Injecting anesthetic directly into a nerve, causing permanent damage
- Administering incorrect dosages
- Failing to account for patient allergies or drug interactions
- Causing hematomas or infections at injection sites
Sedation dentistry errors:
- Inadequate monitoring during sedation
- Improper dosing leading to over-sedation
- Failure to properly screen patients for sedation risks
- Lack of appropriate emergency response equipment
Severe anesthesia errors can result in brain damage, cardiac events, or death. Dentists who offer sedation must have proper training and follow strict safety protocols.
Failure to Diagnose Oral Cancer
Dentists play a critical role in oral cancer detection. During routine examinations, they should screen for suspicious lesions, discolorations, or growths that could indicate oral cancer.
When dentists fail to identify potential cancer signs, fail to recommend biopsy of concerning areas, or fail to refer patients to specialists, the cancer may progress undetected. Delayed diagnosis of oral cancer can mean the difference between a treatable condition and a terminal illness.
Implant Failures and Complications
Dental implants have become increasingly common, but they require careful planning and precise placement. Negligent implant procedures can result in:
- Implant placement that damages adjacent teeth or nerves
- Failure to assess bone density, leading to implant failure
- Improper positioning requiring removal and replacement
- Sinus perforation during upper jaw implants
- Infections at the implant site
Implant failures often require additional surgeries, extended recovery, and significant additional expense.
Orthodontic Malpractice
Orthodontists can also commit malpractice through:
- Improper treatment planning leading to damage to teeth or roots
- Failure to monitor treatment progress appropriately
- Prolonged treatment times due to mismanagement
- Permanent damage to tooth enamel
- Temporomandibular joint (TMJ) problems from improper bite alignment
Root Canal Errors
Root canal procedures are technically demanding, and errors can cause serious complications:
- Perforating the tooth root
- Failing to completely remove infected tissue
- Breaking instruments inside the root canal
- Overfilling or underfilling the canal
- Missing additional canals that require treatment
Failed root canals often require retreatment, surgical intervention (apicoectomy), or extraction of the tooth.
Proving Dental Malpractice in New Jersey
Successfully pursuing a dental malpractice claim in New Jersey requires proving four essential elements:
1. The Dentist Owed You a Duty of Care
This element is typically straightforward. If you were a patient receiving treatment, the dentist owed you a duty of care. This duty exists whether you were receiving routine care or complex procedures.
2. The Dentist Breached the Standard of Care
This is often the most contested element. You must prove that the dentist’s treatment fell below what a reasonably competent dentist would have provided under similar circumstances.
Expert testimony from a qualified dental professional is essential. Your expert will review your records, examine the treatment provided, and explain to the court how the care deviated from accepted standards.
3. The Breach Caused Your Injury
You must establish that the dentist’s negligence—not some other cause—led to your injury. This can be straightforward in cases like wrong-tooth extraction but more complex in situations involving infections or nerve damage that might have occurred even with proper care.
4. You Suffered Actual Damages
Finally, you must show that you suffered real, measurable harm. This includes:
Economic Damages:
- Additional dental and medical treatment costs
- Corrective procedures (implants, bridges, prosthetics)
- Lost wages during recovery
- Future medical expenses
Non-Economic Damages:
- Physical pain and suffering
- Emotional distress
- Permanent disfigurement
- Loss of taste or sensation
- Impact on eating, speaking, and quality of life
New Jersey Legal Requirements for Dental Malpractice Claims
New Jersey has specific procedural requirements for malpractice cases that you must understand:
Affidavit of Merit
Within 60 days of the defendant’s answer to your complaint, you must file an Affidavit of Merit from a qualified dental expert. This affidavit confirms that there is a reasonable basis to believe malpractice occurred.
Failing to file this affidavit on time can result in dismissal of your case. Working with an experienced attorney ensures this critical deadline isn’t missed.
Statute of Limitations
New Jersey generally gives you two years from the date of malpractice to file a lawsuit. However, the “discovery rule” may extend this deadline if you couldn’t reasonably have known about the injury immediately.
For dental malpractice, this might apply when:
- Nerve damage symptoms develop gradually
- Infections take time to manifest
- The full extent of harm isn’t immediately apparent
Despite these potential extensions, acting quickly is essential. Evidence can be lost, memories fade, and waiting too long may permanently bar your claim.
Expert Testimony Requirements
Dental malpractice cases require expert testimony to establish the standard of care, how it was breached, and how the breach caused your injury. Your expert must be qualified in dentistry—often in the same specialty as the defendant.
What to Do If You’ve Been Harmed by Dental Care
If you believe you’ve experienced dental malpractice in New Jersey, take these important steps:
1. Address Immediate Health Concerns: Seek treatment for any ongoing symptoms, infections, or complications. Your health comes first.
2. Obtain Your Dental Records: Request complete copies of your records from the dentist in question. You have a legal right to these documents, and they’re essential evidence.
3. Don’t Return to the Same Dentist: If you’ve lost trust in your provider, find another dentist to address your ongoing care needs and document your current condition.
4. Document Everything: Keep detailed notes about your symptoms, pain levels, limitations, and how the injury affects your daily life. Save receipts for all related expenses.
5. Preserve Evidence: If you have any physical evidence (for example, a tooth that was wrongly extracted), keep it safe.
6. Consult a Medical Malpractice Attorney Promptly: Time limits apply, and these cases require specialized expertise. An attorney can evaluate whether you have a viable claim before deadlines pass.
7. Avoid Social Media Discussion: Don’t post about your potential claim online. Defense attorneys will search for anything that could undermine your case.
Compensation Available in New Jersey Dental Malpractice Cases
If you prove dental malpractice, you may be entitled to compensation for:
Medical Expenses: All costs for treating the injury, including corrective dental work, surgery, medications, and ongoing care.
Future Medical Costs: If you’ll need ongoing treatment—such as implant replacement or pain management—these future costs can be recovered.
Lost Income: Wages lost during treatment and recovery, as well as reduced earning capacity if your injury affects your ability to work.
Pain and Suffering: Physical pain from the injury and any procedures required to address it.
Emotional Distress: Anxiety, depression, and psychological impact of the injury.
Loss of Quality of Life: Compensation for how the injury affects your daily activities, relationships, and enjoyment of life.
Disfigurement: If the malpractice resulted in visible scarring or changes to your appearance.
New Jersey does not cap damages in dental or medical malpractice cases, meaning your compensation can reflect the true extent of your losses.
Why Dental Malpractice Cases Require Experienced Legal Help
Dental malpractice cases face the same challenges as other medical malpractice claims:
Expert Requirements: Without qualified dental experts willing to testify that the care was substandard, your case cannot succeed.
Defense Resources: Dentists carry malpractice insurance, and insurance companies vigorously defend claims with experienced attorneys.
Technical Complexity: Explaining dental procedures and how they went wrong requires attorneys who understand both the medicine and the law.
Upfront Costs: Expert witnesses, record reviews, and case development require significant investment. This is why most malpractice attorneys work on contingency—you pay nothing unless you win.
An experienced medical malpractice attorney has the knowledge, resources, and expert network to build a strong case and take on insurance companies effectively.
Moving Forward After Dental Malpractice
Dental injuries can affect how you eat, speak, smile, and feel about yourself. While money cannot undo the harm, compensation can help you access necessary treatment, replace lost income, and hold negligent providers accountable.
If you’ve been harmed by substandard dental care in New Jersey, you don’t have to navigate this alone. Understanding your legal rights is the first step toward recovery.
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Contact Gencarelli & Rimmassa Law Firm
If you or a loved one has suffered harm due to suspected dental malpractice in New Jersey, the experienced attorneys at Gencarelli & Rimmassa Law Firm are here to help. With decades of combined experience handling complex medical and dental malpractice cases throughout New Jersey, we understand the unique challenges these cases present.
We work on a contingency fee basis—you pay nothing unless we recover compensation for you. Our team has the resources, expert network, and courtroom experience to take on dentists, oral surgeons, and their insurance companies.
Don’t wait. New Jersey’s statute of limitations gives you limited time to file a claim. Contact Gencarelli & Rimmassa today for a free, confidential consultation to discuss your case and protect your rights.
Call (201) 549-8737 today for your free case evaluation. Time limits apply—act now to seek the justice and compensation you deserve.
