When a dentist fails to diagnose or properly treat a dental infection, the results can be devastating—ranging from jawbone loss to life-threatening sepsis. In Brooklyn and across New York, these failures can form the basis of a dental malpractice claim if the care provided fell below the accepted standard of dental practice and directly caused harm. Patients injured by such negligence have legal options under New York malpractice law to seek compensation for medical costs, pain, and long-term damage.
Understanding Dental Infections and Why Misdiagnosis Happens
Dental infections are more than just painful—they can spread rapidly from the tooth to surrounding tissues, bones, or even vital organs. Early detection and proper treatment are critical.
In many dental malpractice cases, patients report visiting their dentist multiple times for pain or swelling, only to be sent home without antibiotics, imaging, or referrals. This failure to recognize or act on infection signs can lead to abscesses, osteomyelitis (bone infection), or systemic infections.
Some common reasons a dentist might miss an infection include:
- Dismissing symptoms as temporary irritation or gum inflammation
- Failing to order dental X-rays or imaging when infection is suspected
- Prescribing the wrong antibiotics or dosage
- Not following up on recurring symptoms or worsening pain
- Ignoring clear signs of infection before performing other dental procedures
When such oversights result in serious harm, patients may have grounds to file a dental malpractice lawsuit under New York law.
What Counts as Dental Malpractice in Brooklyn
To pursue a malpractice case, a patient must show that the dentist’s care fell below the accepted standard of practice and that this negligence directly caused the injury.
In New York, dental malpractice claims must prove:
- A dentist-patient relationship existed.
- Negligence or deviation from accepted standards occurred (e.g., failure to diagnose or treat an infection).
- The negligence caused actual harm to the patient.
- The patient suffered damages, such as medical costs, pain, or disfigurement.
For example, if a dentist ignored symptoms of an abscess that later spread to the jawbone or bloodstream, that may be a clear case of malpractice.
Common Scenarios Involving Missed Dental Infections
Every dental infection case is unique, but certain fact patterns appear frequently in Brooklyn dental malpractice cases:
1. Failure to Order Diagnostic Imaging
Dentists are trained to recognize when a patient’s symptoms require further testing. Neglecting to order an X-ray, CT scan, or other imaging to confirm infection can delay critical treatment and worsen outcomes.
2. Failure to Refer to a Specialist
If an infection spreads beyond the tooth or gum, a dentist should refer the patient to an oral surgeon or endodontist. Ignoring this need may constitute negligence.
3. Performing Elective Work During Infection
Placing an implant, performing a root canal, or extracting a tooth while an active infection exists can make the condition worse.
4. Improper Antibiotic Use
Dentists who fail to prescribe antibiotics, choose the wrong type, or stop treatment too early can allow the infection to spread.
5. Ignoring Ongoing Symptoms
Patients who repeatedly report swelling, fever, or pain should be re-examined promptly. Failure to act can result in permanent damage or systemic infection.
Legal Standards for Dental Malpractice in New York
New York’s Civil Practice Law and Rules (CPLR 214-a) governs the statute of limitations for dental malpractice cases. Patients generally have 2 years and 6 months from the date of malpractice—or from the end of continuous treatment for the same condition—to file a lawsuit.
However, if the malpractice occurred in a city-run or municipal facility, such as NYC Health + Hospitals, patients must file a Notice of Claim within 90 days of the alleged incident.
Unlike many states, New York does not cap the amount of damages a victim can recover in a successful malpractice case. This means patients can seek full compensation for both economic and non-economic losses, such as:
- Medical bills and future treatment costs
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Permanent disfigurement or disability
How Dental Malpractice Attorneys Build These Cases
At the Chianese & Reilly Law, our attorneys specialize in dental malpractice claims and understand how to prove negligence through expert evidence.
A typical case investigation involves:
- Reviewing dental records and imaging to identify errors or omissions
- Consulting with dental experts to confirm that the standard of care was breached
- Linking the breach to the injury through medical testimony
- Calculating total damages including physical, emotional, and financial losses
The firm often collaborates with experienced dental professionals who can explain how early intervention would have prevented the infection from spreading.
The Importance of Expert Testimony
Expert testimony is the backbone of dental malpractice litigation. A qualified dental expert reviews the case to determine whether a reasonably prudent dentist in the same situation would have made the same decisions.
In “failure to diagnose infection” cases, experts might focus on:
- Whether the dentist properly examined the patient
- If imaging should have been performed sooner
- Whether antibiotic therapy was appropriate
- If a referral to an oral surgeon was warranted
- How the delay caused complications or permanent harm
Without strong expert support, a malpractice claim is unlikely to succeed in New York courts.
Informed Consent: A Separate but Related Issue
Many dental procedures require informed consent—a patient’s right to be fully informed of the risks, benefits, and alternatives before agreeing to treatment.
Under New York’s Public Health Law §2805-d, lack of informed consent is considered a separate legal claim. Even if a dentist performed a procedure correctly, they could still be liable if they failed to disclose material risks—such as the possibility that untreated infection could worsen or spread.
For example, performing an implant or extraction without warning the patient about infection risks could lead to an additional malpractice claim for lack of informed consent.
Signs You May Have a Valid Dental Malpractice Claim
If you experienced any of the following after visiting a dentist, you may have a potential claim:
- Persistent or worsening infection after multiple visits
- Facial swelling, fever, or pain that was ignored or misdiagnosed
- Tooth extractions or implants done during an active infection
- Delayed referral to a specialist leading to bone or nerve damage
- Hospitalization due to untreated dental infection
While these signs don’t automatically mean malpractice occurred, they are red flags worth discussing with an experienced dental malpractice lawyer in Brooklyn.
The Brooklyn Legal Process for Filing a Claim
Filing a dental malpractice case in Brooklyn typically involves several key steps:
- Consultation and Case Review. Your attorney reviews dental records, hospital notes, and expert reports to assess the claim’s strength.
- Certificate of Merit. New York law requires a certificate from an attorney confirming that a dental expert has reviewed the case and believes it has merit.
- Filing the Lawsuit. The lawsuit is filed in the Supreme Court, Kings County, where most Brooklyn cases are heard.
- Discovery Phase. Both parties exchange records, depositions, and expert opinions.
- Settlement or Trial. Many cases settle before trial, but if no agreement is reached, the case proceeds before a jury.
Each phase requires careful preparation, especially when proving that an earlier diagnosis or intervention would have prevented harm.
Real-World Impact of Missed Dental Infections
Failing to diagnose a dental infection is not a minor oversight—it can have life-changing consequences. Untreated infections may lead to:
- Osteomyelitis (bone infection) of the jaw or face
- Sinus infections spreading from upper tooth roots
- Sepsis, a potentially fatal bloodstream infection
- Permanent nerve damage or facial disfigurement
- Loss of teeth or bone structure requiring reconstruction
Beyond the physical effects, patients often face emotional and financial hardships from ongoing treatments, lost income, and long-term recovery.
How an Experienced Dental Malpractice Attorney Can Help
The attorneys at Chianese & Reilly Law have decades of experience handling complex dental malpractice cases throughout New York. Their team focuses on representing victims of dental negligence—including those involving missed or misdiagnosed infections.
They work closely with clients to:
- Collect and interpret detailed dental and medical records
- Identify where care fell below professional standards
- Secure expert testimony from respected dental specialists
- Negotiate for fair settlements or pursue litigation when necessary
Their deep understanding of both medical and legal standards allows them to handle even the most technical dental cases with precision.
Final Thoughts
Failing to diagnose a dental infection can result in severe injury or even permanent damage. Brooklyn residents deserve competent, timely dental care—and when that standard is not met, the law offers a path to accountability.
If you believe your dentist’s negligence caused you harm, contact the Chianese & Reilly Law for a consultation. The firm’s experienced dental malpractice attorneys can help review your records, consult experts, and determine whether you have a valid claim.
Call (516) 614-6516 today to discuss your case with a skilled New York dental malpractice lawyer.
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.