Dental Malpractice Lawyer in Massachusetts

Dental Malpractice in Massachusetts

Dentists and oral surgeons are licensed healthcare professionals subject to the same malpractice principles that govern physicians and other providers. When a dental professional’s treatment falls below the standard of care applicable to their specialty and causes harm to a patient, a dental malpractice claim may arise. Dental malpractice can cause permanent nerve damage, tooth loss, jaw bone injury, and in some cases systemic complications from untreated or inadequately treated dental infections. Attorney Jeffrey C. Lavey represents dental malpractice victims throughout Massachusetts.

Common Forms of Dental Malpractice

• Nerve injury during tooth extraction, root canal, or implant placement causing permanent numbness or pain
• Wrong tooth extraction: removal of a healthy tooth instead of the intended one
• Failure to diagnose oral cancer during routine examination
• Failure to identify and treat periodontal disease that progresses to tooth loss
• Improper crown, bridge, or implant placement causing bite misalignment and TMJ injury
• Anesthesia errors during dental procedures causing oxygen deprivation
• Failure to refer to an oral surgeon or specialist when the procedure is beyond the general dentist's competence

Nerve Damage From Dental Procedures

The inferior alveolar nerve and lingual nerve run in proximity to the lower wisdom teeth, and injury to these nerves during extraction or implant placement can cause permanent numbness, tingling, or pain in the lip, chin, tongue, and teeth. These injuries may result from failure to adequately evaluate the pre-operative imaging for nerve proximity, from improper surgical technique, or from failure to recognize and respond to intraoperative signs of nerve involvement. Permanent nerve damage from dental procedures significantly affects quality of life and may constitute dental malpractice when caused by a departure from the standard of care.

Failure to Diagnose Oral Cancer

Dentists have an obligation to examine the oral soft tissues and to recognize suspicious lesions that warrant biopsy or referral to an oral surgeon or oral medicine specialist. A dentist who fails to identify or act on a suspicious lesion during a routine examination, and whose failure allows an oral cancer to advance to a more serious stage before diagnosis, may be liable for the resulting diagnostic delay and its consequences. Attorney Lavey evaluates oral cancer missed diagnosis claims against the dental standard of care.

Pursuing a Dental Malpractice Claim

Dental malpractice claims in Massachusetts proceed under the same legal framework as physician malpractice claims, including the Certificate of Merit requirement and the three-year statute of limitations running from when the patient knew or should have known of the harm. Expert dental testimony from a dentist or oral surgeon in the relevant specialty is required to establish the standard of care and the departure from it. Attorney Lavey manages the expert review and all procedural requirements in every dental malpractice case.

Frequently Asked Questions