A dental visit should improve your health, not leave you worse off. Yet patients in the Bronx sometimes suffer serious harm from nerve damage, infections, unnecessary extractions, or even a dentist’s failure to diagnose oral cancer. These outcomes raise the critical question: do you have a case for dental negligence?
At Chianese & Reilly Law, we help patients across New York pursue accountability when dental professionals fail in their duty of care. If you believe you’ve been harmed by negligent dental treatment, call us at (516) 614-6516 to schedule a consultation.
What Is Dental Negligence?
Dental negligence—sometimes referred to as dental malpractice—occurs when a dentist, oral surgeon, or dental professional fails to meet the accepted standard of care. The “standard of care” means what a reasonably careful dentist would have done under similar circumstances.
If your provider’s actions fell below this standard and directly caused injury, you may have grounds to sue. Common forms of dental negligence include:
- Extracting the wrong tooth
- Severing or damaging nerves during oral surgery
- Failing to diagnose oral cancer or serious infections
Not every negative outcome qualifies as malpractice. Dental treatment can involve risks even when performed correctly. That is why proving negligence requires meeting specific legal elements.
The Legal Elements of a Dental Negligence Claim
To succeed in a Bronx dental negligence case, plaintiffs generally must prove four things:
- Duty of Care – The dentist owed you professional care because you were their patient.
- Breach of Duty – The dentist failed to act as a reasonably skilled provider would have under similar circumstances.
- Causation – The dentist’s actions (or inaction) directly caused your injury.
- Damages – You suffered measurable harm, whether physical pain, additional medical expenses, lost income, or reduced quality of life.
Because these elements are highly technical, courts typically require expert testimony from another dentist or medical professional who can explain how your provider’s care fell short.
Statute of Limitations in New York Dental Malpractice Cases
Timing is critical. In New York, most dental malpractice lawsuits must be filed within two years and six months of the negligent act or from the end of a continuous course of treatment for the same condition (New York CPLR § 214-a).
Some exceptions may extend this period:
- Minors and incapacitated individuals – The statute may be “tolled” until the disability ends, though additional limits apply.
- Continuous treatment doctrine – If you were receiving ongoing care for the same dental issue, the clock may not start until treatment concludes.
- Lavern’s Law – In limited cases involving a failure to diagnose cancer, patients may have additional time to file after discovering the diagnosis.
Missing these deadlines can mean losing your right to sue altogether, which is why early legal consultation is essential.
The Certificate of Merit Requirement
New York law requires an additional step before filing a malpractice lawsuit: the certificate of merit. Under CPLR § 3012-a, your attorney must certify that they have consulted with a dental or medical expert and believe your claim has merit. This is designed to prevent frivolous lawsuits and underscores the importance of having a knowledgeable attorney on your side.
Informed Consent and Dental Procedures
Dental negligence is not always about a botched procedure—it can also involve failing to secure informed consent.
New York’s Public Health Law § 2805-d requires dentists to disclose the reasonably foreseeable risks, benefits, and alternatives of a proposed procedure. If you were not fully informed and suffered harm, you may have a claim for lack of informed consent. For example, if a dentist failed to explain the risk of nerve damage before extracting a tooth and you later experienced permanent numbness, that could form the basis of a lawsuit.
Complaints and Pre-Suit Options
Before or alongside filing a lawsuit, patients may file a complaint with the New York State Office of Professional Discipline (OPD), which investigates allegations of professional misconduct. While the OPD does not award compensation, its findings may support a civil case.
In the Bronx, patients also rely on local hospital records and dental clinics as part of evidence gathering. If your treatment occurred in a public hospital or clinic, additional filing requirements may apply.
Common Dental Negligence Scenarios in the Bronx
The Bronx sees a wide range of dental negligence claims. Some common examples include:
- Wrong Tooth Extraction – A simple mix-up can lead to permanent damage and costly corrective procedures.
- Nerve Injuries – Damage to the inferior alveolar or lingual nerve can cause lifelong numbness, tingling, or pain.
- Infections – Poor sterilization or incomplete procedures may trigger severe infections requiring hospitalization.
- Failure to Diagnose Oral Cancer – Delayed diagnosis can have devastating consequences for survival and treatment options.
These cases often involve substantial pain and financial loss, and in some instances, lifelong disability.
Suing a Dentist in the Bronx: Local Considerations
Bronx courts have a reputation for being attentive to injury claims, and jury verdicts in the borough have historically been more favorable to plaintiffs compared to some other New York counties. However, every case depends on the facts, evidence, and the skill of your attorney.
If the malpractice occurred in a municipal facility, such as a New York City Health + Hospitals clinic, strict notice requirements apply. You may need to file a Notice of Claim within 90 days of the incident. Failing to meet this deadline could jeopardize your case.
What Damages Can You Recover?
If you succeed in a dental negligence lawsuit, compensation may include:
- Medical expenses – Costs of corrective treatment, surgeries, or ongoing care
- Lost wages – Income lost due to time away from work or inability to perform your job
- Pain and suffering – Compensation for physical pain, emotional distress, and reduced quality of life
- Future damages – Anticipated costs of long-term treatment or permanent disability
The amount of damages varies depending on the severity of the injury and the long-term consequences.
Why You Need an Experienced Dental Malpractice Attorney
Dental malpractice cases are not straightforward. They involve complex medical records, expert testimony, strict filing deadlines, and procedural rules unique to New York. Attempting to navigate this process alone can be overwhelming.
An experienced dental malpractice attorney can:
- Evaluate your case with the help of dental experts
- Gather and preserve crucial medical records and x-rays
- Ensure all deadlines are met, including notices of claim and statutes of limitations
- Negotiate with insurance companies for fair settlements
- Represent you in court if your case goes to trial
Working with a law firm experienced in this area, such as Chianese & Reilly Law, can make all the difference in building a strong case.
Conclusion
Dental negligence can have life-altering consequences. Whether it’s a botched procedure, a failure to diagnose a serious condition, or the loss of healthy teeth, you deserve answers and accountability.
At Chianese & Reilly Law, we focus on dental malpractice cases throughout New York, including the Bronx and Brooklyn. Our attorneys understand both the legal and medical complexities involved and are dedicated to pursuing justice for patients harmed by negligent dental care.
If you suspect you’ve been a victim of dental negligence, call us today at (516) 614-6516 to discuss your situation with a skilled attorney. Taking action now can help protect your rights and secure the compensation you deserve.
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.