Yes, you may be able to sue for pain after a root canal in the Bronx — but only if the pain stems from dental malpractice, not simply a difficult recovery. Under New York law, a patient must show that the dentist deviated from accepted standards of care and that this mistake caused significant injury. Persistent pain after a root canal is sometimes normal, but when it results from a preventable error — such as missed infection, perforation, incorrect filling, or failure to diagnose complications — it may support a malpractice claim.
This guide explains what New York law requires, which root canal problems may qualify as malpractice, how cases are evaluated, and how Chianese & Reilly Law can help Bronx patients understand their legal options.
Understanding Pain After a Root Canal: What’s Normal and What’s Not
Root canals are widely considered safe, common dental procedures, but not all outcomes are successful. Many Bronx patients experience mild soreness or sensitivity for several days, especially when chewing. This kind of discomfort is usually expected and does not indicate dentist negligence.
However, certain kinds of pain raise much more serious concerns:
- Sharp, shooting pain that gets worse over time
- Severe or persistent numbness
- Pain related to nerve injury or a perforated tooth root
These symptoms may indicate a problem with how the root canal was performed — and in some cases, that the dentist failed to follow accepted standards of care.
Root canal injuries are one of the leading sources of dental malpractice litigation in New York, and courts distinguish carefully between ordinary risks and negligence. To understand whether post-procedure pain is grounds for a claim, it helps to know what the law actually requires.
How New York Law Handles Pain After a Root Canal
New York treats dental malpractice under the same general framework as medical malpractice. To succeed in a lawsuit, a patient must prove four elements:
1. Duty: A Dentist–Patient Relationship Existed
This is usually easy to show. Appointment records, X-rays, treatment notes, and billing statements serve as proof that the dentist owed you a duty to perform the procedure competently.
2. Breach of the Standard of Care
Patients must show that the dentist failed to deliver treatment that a reasonably competent dentist would have provided under the same circumstances. In root canal cases, departures from the standard of care may include:
- Over-filling or under-filling the root
- Failing to diagnose or treat infection
- Breaking files or instruments inside the canal and not properly managing the complication
- Perforating the root or tooth structure
- Failing to refer to a specialist when needed
Expert testimony is typically required. A qualified dentist or endodontist reviews all X-rays and treatment notes to determine whether negligence occurred.
3. Causation: The Dentist’s Mistake Caused the Injury
Even when a dentist makes an error, a malpractice claim requires showing that the mistake directly caused your pain, infection, nerve injury, or tooth loss. Courts look closely at medical evidence, symptoms, and the timeline between the root canal and the resulting harm.
4. Damages
Finally, a patient must show measurable harm such as:
- Long-term nerve damage
- Jaw or facial pain
- Tooth extraction or implant costs
- Lost income due to missed work
- Significant pain and suffering
New York does not have a statewide cap on malpractice damages, meaning a severe, well-documented injury can lead to substantial compensation.
Common Root Canal Errors That Lead to Lawsuits in the Bronx
Not all root canal pain is malpractice, but some types of errors appear repeatedly in New York dental malpractice cases.
Failure to Diagnose or Treat Infection
One of the most frequent claims involves an untreated or improperly treated infection. If bacteria remain inside the canal, an abscess can form, sometimes spreading to the jawbone or sinuses.
.
Over-Instrumentation or Perforation
When dental tools penetrate beyond the root or into the surrounding bone, severe pain and long-term complications can follow.
Instrument Breakage
Files sometimes break inside a canal, even during careful procedures. However, malpractice may be found when the dentist:
- Broke the instrument due to improper technique
- Failed to inform the patient
- Failed to take necessary corrective steps
- Failed to refer the patient to an endodontist
Improper Filling or Sealing
An inadequate seal allows bacteria to re-enter the tooth, causing repeat infections or chronic pain.
Lack of Follow-Up or Referral
When a dentist dismisses a patient’s symptoms, fails to investigate red-flag pain, or delays a referral, courts may view the conduct as negligent.
How Courts Evaluate Root Canal Malpractice Cases in New York
Because dental malpractice is considered a “professional negligence” claim, New York courts rely heavily on expert testimony. A plaintiff’s expert must:
- Review all X-rays and dental charts
- Identify specific deviations from accepted dental practices
- Explain how the mistakes caused the patient’s injury
- Show that the resulting harm is not simply a natural risk of the procedure
The defendant dentist typically presents their own expert to argue that the procedure and follow-up care met professional standards. This is why detailed records — including follow-up exam notes, referral slips, imaging studies, and prior dental history — are critical.
Pain After a Root Canal vs. Compensable Injury
Pain by itself does not automatically translate into a lawsuit. Courts look for significant, long-lasting, or medically identifiable injuries such as:
- Jawbone deterioration
- Chronic facial pain
- Nerve damage affecting speech or eating
- Loss of the tooth
- Multiple corrective procedures
- Systemic infection requiring hospitalization
When the pain is merely temporary or within the expected range of recovery, it usually does not qualify as malpractice.
But when pain signals a serious underlying injury caused by negligence, a lawsuit becomes more viable.
Statute of Limitations for Dental Malpractice in New York
The statute of limitations is strict and unforgiving. Under CPLR 214-a, dental malpractice claims must be filed:
- Within 2 years and 6 months (30 months) from the date of malpractice, or
- From the end of continuous treatment with the same dentist for the same condition
Limited exceptions may apply, including if a “foreign object” (such as a broken file) was left inside the tooth. In such cases, the patient may have additional time from the date the object was discovered.
Because these timelines are complex and exceptions narrow, delays can be costly.
What Evidence Strengthens a Bronx Root Canal Malpractice Case
Successful cases often include:
- Before-and-after X-rays
- Cone Beam CT (CBCT) imaging
- Treatment notes and billing records
- Medication prescriptions
- Photos showing swelling or drainage
- Records of any emergency room visits
- Documentation from second opinions
- Written communication with the dentist
- Employment records showing lost wages
- Receipts for retreatment, extraction, or implant surgery
The more documentation a patient has, the easier it is for experts to identify negligence.
Potential Compensation in a Root Canal Malpractice Claim
If malpractice is proven, compensation may include:
Economic Damages
- Tooth extraction or implant costs
- Antibiotics, pain medications, and follow-up care
- Hospital or ER bills
- Lost wages or reduced earning ability
Non-Economic Damages
- Pain and suffering
- Loss of enjoyment of life
- Disfigurement or visible changes to the smile
- Chronic nerve pain or facial discomfort
- Emotional distress
Because New York allows juries to award full compensation without statutory limits, the value of a case depends heavily on the severity of the injury and the amount of medical evidence available.
Why These Cases Are Common in the Bronx and New York City
The Bronx is part of one of the busiest dental markets in the country. Patients often visit:
- High-volume clinics
- Medicaid-focused dental providers
- Training facilities
- Large multi-provider practices
These environments sometimes present higher risks of:
- Rushed procedures
- Inadequate follow-up
- Inexperienced practitioners
- Miscommunication
- Missed infections
Combined with the borough’s population density and socioeconomic diversity, the Bronx sees a high number of dental injury claims. This makes specialized legal representation essential.
How Chianese & Reilly Law Helps Bronx Patients With Root Canal Malpractice Claims
Chianese & Reilly Law is one of New York’s leading dental malpractice firms, with more than 50 years of combined experience representing patients who suffered preventable injuries during dental procedures. The firm handles complex cases involving:
- Root canal injuries
- Nerve damage
- Dental implant malpractice
- Oral cancer
- Trigeminal neuralgia
- Failure to diagnose infection
Why the Firm Is Known for Dental Malpractice Litigation
- One of the few law firms in New York dedicated specifically to dental malpractice
- Deep knowledge of dental procedures and common errors
- Access to highly qualified dental experts and specialists
- Extensive courtroom experience
- Proven track record of substantial verdicts and settlements
When Bronx patients are dealing with unexplained or severe pain after a root canal, the firm evaluates:
- What went wrong
- Whether the standard of care was violated
- Whether the injury could have been prevented
- The full scope of resulting damages
The attorneys then work to secure compensation for medical costs, corrective treatment, and pain and suffering.
Frequently Asked Questions: Pain After a Root Canal in the Bronx
Is pain after a root canal normal?
Mild soreness is common for a few days. Severe, worsening, or persistent pain may indicate complications.
Can you sue your dentist for pain alone?
Pain alone is not enough. There must be evidence of negligence and resulting harm.
Do I need to see another dentist first?
Many malpractice evaluations begin with a second opinion or CBCT scan to identify structural damage or infection.
How long do I have to sue?
Generally 30 months under New York’s statute of limitations, subject to the continuous treatment rule.
Do I need a dental expert to file a case?
Yes. New York requires a certificate of merit confirming that an expert agrees the case has a reasonable basis.
Conclusion
Pain after a root canal is common but when that pain signals a serious and preventable injury caused by negligence, legal action may be possible. Bronx patients who experience persistent discomfort, infection, or complications after a root canal deserve a clear explanation of what went wrong and whether compensation is available.
Chianese & Reilly Law has decades of experience helping New Yorkers navigate dental malpractice claims, especially those involving root canal injuries. If you’re experiencing ongoing pain and suspect something may have gone wrong, the firm can review your dental records, evaluate the procedure, and explain your legal options.
To request a free consultation, contact the firm at (516) 614-6516 or visit our contact page.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.