Can I Sue My Dentist?

Complication vs. Negligence

Every dental procedure carries some risk of an unwanted outcome, even when it's performed correctly. A nerve injury during a wisdom tooth extraction, an infection after a root canal, or a failed implant can all happen without any negligence involved. What separates an unfortunate complication from malpractice is whether the dentist's conduct fell below the standard of care that a reasonably careful dentist would have provided under similar circumstances — and whether that failure is what actually caused the harm.

What's Actually Evaluated

A malpractice evaluation typically looks at specific, documentable facts rather than how the outcome feels. Common questions include:

• Was appropriate imaging (X-rays, a CBCT scan) taken and reviewed before treatment, given what was being planned?
• Was the patient informed of material risks before treatment, as part of informed consent?
• Did the dentist follow a treatment approach that a reasonably careful dentist would have followed given the same findings?
• Once a problem was reported or became apparent, did the dentist respond appropriately and promptly, or was the issue dismissed or ignored?
• Was the case within the dentist's scope of training, or should it have been referred to a specialist (an endodontist, periodontist, or oral surgeon)?

What Strengthens an Evaluation

Cases are generally easier to evaluate, though never guaranteed, when there is:

• A clear, documented injury (imaging, a specialist's diagnosis, a follow-up treatment record).
• A gap between what was done and what standard practice calls for in a similar situation.
• A record of the dentist being told about symptoms and how they responded.
• Treatment records and imaging that can be obtained and reviewed.

None of this guarantees a particular outcome. Every case turns on its own facts, and only a review of your specific records can determine whether a claim is viable.

If you're dealing with a specific injury, our pages on nerve damage, implant malpractice, and root canal injuries go into more detail on what's typically evaluated for that type of case. For deadlines, see California's statute of limitations.