Dental Malpractice-New York

Have you been the victim of dental malpractice? Common dental malpractice incidents include:

  • Improper root canal treatment
  • Improper removal of teeth
  • A failure to or delay in diagnosing tumors
  • Improper placement of dental implants
  • Improperly performed surgery
  • The improper administration of anesthetic
  • Improper fabrication of dental bridges and crowns

The resulting damage, pain and suffering experienced by the patient can become chronic and debilitating, disrupting one’s daily life and lowering their quality of life. Some malpractice accidents lead to the death of the patient, whereby the patient’s family can pursue charges. Lost wages from the inability to work, additional treatment costs to reverse the damage and the physical and mental treatment involved can easily add a heavy burden onto the physical pain and emotional suffering of a dental malpractice victim.

Just like there are many kinds of careless dental accidents that can occur, there are a wide range of consequences a patient may experience. While this isn’t an exhaustive list of the damage caused by dental malpractice, these are the most common injuries:

  • Lingual nerve or inferior alveolar nerve damage
  • Trigeminal neuralgia
  • Paraesthesia
  • Loss of teeth
  • The need to replace the crown or bridgework that a dentist had placed to correct the issue and to reduce your pain and suffering  

Keep in mind that you only have a certain amount of time in which to file your dental malpractice claim. Contact us today for a free consultation and we’ll determine the validity of your claim and get the claims process rolling.

Dental Nerve Injuries: Lingual and Inferior Alveolar Nerve Injuries

Permanent nerve  injuries can be caused by tooth extraction, root canals or jaw fractures. The lingual nerve and inferior alveolar nerve (IAN) are located inside the lower jaw, under the back molars. The lingual nerve affects the movement and sensations of the tongue. The IAN impacts the proper functioning of the chin, lower jaw, lower teeth and lower lip. Nerve damage can inhibit one’s ability to eat, speak, smile, taste, smell and feel hot and cold. This type of nerve damage is difficult to reverse if not treated right away and can have a negative impact on one’s life.


If you sustain a lingual nerve or inferior alveolar nerve injury you should contact a neurosurgeon familiar with treating these injuries as soon as possible since the faster treatment begins the better the chance of recovery.

Orthodontic Treatment
Did you find out after years of having braces that you will lose teeth?  Or did you have dental treatment done that causes a misalignment that warrants orthodontic care. Unfortunately, this occurs when dentist don’t pay close enough attention to the treatment they administer or are careless or indifferent to the proper treatment the patient dental needs. Orthodontic malpractice in New York does happen and we are here to help.
Root Resorption


Root reabsorption is where a patient’s tooth begins to destroy itself. Root reabsorption can begin within the tooth and grow outward or it can begin on the outside surface of the tooth and work its way inward. Root reabsorption progresses rapidly and, in many cases, the tooth is lost. This reabsorption is often due to the body’s inflammation response to trauma of the tooth from one or more of the following:  pulp necrosis (tooth pulp death), periodontal treatment, orthodontics, tooth whitening and pressure from cysts, tumors and an improperly grown tooth.

Regular x-rays performed by the dentist can often catch root reabsorption in its early stages while it can be treated. Failure to perform regular x-rays and the failure to diagnose and treat tooth reabsorption in a timely manner can be grounds for a dental malpractice case.

Crowns and Bridgework

Different dental restorations have different longevity. However, you expect your restoration to last at least a few years considering how much you paid for it.  What happens when they fail unexpectedly or wear out sooner than they are suppose to? This can be a sign of dental malpractice. Crowns and bridges, for instance, should last for five or more years.  There are a number of other reasons dental restorations can fail so it’s important to contact our office to see if you have a valid NY dental malpractice claim.

Open Margin

Crowns, fillings and veneers are securely attached to the teeth via bonding. All the edges of a dental restoration are to be securely bonded to the tooth. Not only will this keep the restoration in place, but it will seal out bacteria.

An open margin is where these dental restorations are not adequately bonded to seal the edges, called margins. Unsealed margins can leak and trap bacterial plaque that results in tooth decay and/or periodontal gum disease.

Crowns should replicate the natural tooth being restored. If the crown is larger than the natural tooth it will trap bacteria which can cause decay or periodontal gum disease.Symptoms of overcontour include bleeding gums around the crown or darkening of the gum margin around the crowns . Before turning bluish at the gum margin the gums at the crown margin may turn red and bleed. Healthy gums do not bleed either with or without crowns, bridges or veneers.

Crowns should replicate the natural look, feel and contour of the tooth being restored. If the crown that is made and fitted doesn’t precisely match that of the natural tooth, the tooth can look and feel different from the other teeth. This can lead to an embarrassing smile, a misaligned bite and teeth and an increased risk of tooth decay and periodontal gum disease.

Inadequate Embrasure Space
An embrasure is the small V shape between each of one’s teeth. The embrasure helps prevent food packing between teeth as well as protect the gums from abrasive objects. When a dental restoration such as a crown or veneer is made too large for the natural tooth it covers, the embrasure space between neighboring teeth can become too small, leaving more spaces for bacteria to get trapped in and flourish, causing tooth decay and gum disease. Symptoms of inadequate embrasure space include bleeding gums around the crown or darkening of the gum margin around the crowns. Before turning bluish at the gum margin the gums at the crown margin may turn red and bleed. Healthy gums do not bleed either with or without crowns, bridges or veneers.
Shy Margin of Preparation
When a crown or veneer doesn’t completely cover the prepared tooth surface, a shy margin occurs. Shy margins can also occur when the crown or veneer that is applied is defective. Shy margins result in extreme sensitivity and a compromised tooth that is vulnerable to decay.