In Brooklyn, dental malpractice lawsuits most often stem from avoidable mistakes such as wrong-tooth extractions, failure to diagnose oral disease, nerve injuries, root canal errors, poor infection control, and lack of informed consent.
Under New York law, patients can seek compensation when these errors cause harm, but strict deadlines apply—including shorter time limits if the treatment occurred at a New York City public hospital. For both patients and providers, understanding how these errors unfold into lawsuits is critical.
Why Dental Malpractice Is a Serious Concern in Brooklyn
Dentists are trusted to provide safe, effective care. Yet when dental professionals deviate from accepted standards, the consequences can be painful, costly, and life-changing. Brooklyn patients may find themselves dealing with permanent nerve damage, undetected cancer, or unnecessary extractions.
From a legal perspective, malpractice cases in New York are not simply about proving a mistake occurred. Plaintiffs must demonstrate that the dentist departed from professional standards, that this caused the injury, and that the patient suffered damages as a result. This framework shapes how common dental errors turn into lawsuits.
For anyone affected, a dental malpractice attorney can help clarify whether a case meets New York’s legal standards. But even before a claim arises, it’s worth understanding which mistakes most often end up in court.
Mistake #1: Failure to Diagnose Oral Cancer or Severe Periodontal Disease
Dentists are the first line of defense in spotting signs of oral cancer or advanced gum disease. Missing a suspicious lesion, delaying referral to a specialist, or failing to recommend a biopsy can have devastating consequences.
Legal implications:
- New York courts recognize that a delay in diagnosing oral cancer can drastically affect outcomes, from more invasive surgeries to reduced survival rates.
- Under Lavern’s Law, patients in some cancer cases may file suit within 2.5 years of discovering the misdiagnosis, rather than from the date it occurred.
Patients in Brooklyn have brought claims alleging that timely diagnosis could have spared them from extensive treatment or permanent health complications.
Mistake #2: Nerve Injuries During Extractions and Implants
The inferior alveolar nerve and lingual nerve are especially vulnerable during wisdom tooth extractions and dental implant placements. Injuries here can result in permanent numbness, tingling, or burning sensations in the mouth and face.
How these cases develop:
- Plaintiffs often argue that proper imaging—such as panoramic X-rays or 3D scans—would have revealed the risks.
- Informed consent is central. Patients must be told about the possibility of nerve damage before undergoing the procedure.
When dentists fail to provide adequate warnings or use improper surgical technique, these claims often proceed to trial.
Mistake #3: Root Canal (Endodontic) Errors
Root canal procedures carry inherent risks, but certain missteps frequently lead to litigation:
- Perforating the tooth during the procedure.
- Pushing filling material beyond the root tip.
- Performing the procedure on the wrong tooth.
Brooklyn appellate courts frequently hear disputes where expert testimony determines whether the dentist’s technique aligned with professional standards. Because patients often require corrective surgery or extractions, damages can be substantial.
Mistake #4: Poor Infection Control and Recordkeeping
Dentists are legally obligated to maintain clean, sterile environments and keep detailed records of patient care. When they fail to meet these standards, both health risks and legal exposure rise.
Examples of issues that lead to lawsuits:
- Inadequate sterilization of instruments.
- Poorly documented treatment notes that make it impossible to verify what occurred.
- Missing or incomplete consent forms.
In legal battles, lack of records often works against the dentist. Without clear documentation, courts may side with the patient’s version of events.
Mistake #5: Inadequate Medical History Review and Medication Errors
Patients rely on dentists to review allergies, medications, and overall medical history. Overlooking these details can lead to serious complications, for instance, prescribing antibiotics that interact with other medications or failing to adjust treatment for patients on blood thinners.
Why lawsuits follow:
- Courts often see this as a failure to meet the most basic professional duties.
- When a dentist ignores or improperly manages medical risks, any resulting harm is directly tied to negligence.
Legal Framework in New York Dental Malpractice Cases
Understanding how these errors lead to lawsuits requires a look at the legal standards.
Negligence
To prove malpractice, a patient must show that the dentist deviated from accepted standards of care and that this deviation caused the injury. Both sides present expert testimony to establish what a “reasonably prudent dentist” would have done.
Informed Consent
New York’s Public Health Law § 2805-d governs informed consent. A dentist can be held liable if they failed to disclose risks, benefits, or alternatives that a reasonable practitioner would have explained—and if a reasonable patient would have declined the procedure had they known.
Vicarious Liability
Practice owners can also be sued for the negligence of employees. In some Brooklyn cases, courts have held practice owners accountable for poor supervision, hiring, or failure to refer patients to specialists.
Statutes of Limitations and Filing Deadlines in Brooklyn
Time limits for filing dental malpractice lawsuits are strict and vary by provider type.
- Private providers: Patients generally have 2 years and 6 months from the malpractice or the end of continuous treatment.
- NYC public hospitals (e.g., Kings County Hospital, Woodhull): A notice of claim must be filed within 90 days, and lawsuits must be filed within 1 year and 90 days.
Missing these deadlines can completely bar a case, even when negligence is clear. For that reason, Brooklyn patients who suspect malpractice are often urged to act quickly.
How Patients Build Their Case (Informational Only)
While every situation is unique, patients who pursue legal action often compile:
- Full dental charts and X-rays.
- Records of referrals, prescriptions, and follow-up care.
- Insurance explanations of benefits to track procedures.
- Signed (or missing) informed consent documents.
These documents allow attorneys and experts to evaluate whether malpractice occurred. Gathering this information early often strengthens a case.
How Dentists Can Reduce Risk
Dentists practicing in Brooklyn can take steps to protect themselves and their patients:
- Use verification protocols before extractions or surgeries.
- Document all discussions about risks and alternatives.
- Refer suspicious lesions or complicated cases promptly.
- Stay compliant with infection control and recordkeeping regulations.
When these safeguards are ignored, the risk of lawsuits rises dramatically.
Real Brooklyn Cases That Highlight These Issues
- Wrong tooth extractions have been litigated in Kings County, with courts emphasizing that no patient consents to removal of the wrong tooth.
- Oral cancer misdiagnoses have led to claims where plaintiffs argue that timely referrals would have prevented radical surgeries.
- Root canal disputes frequently involve questions of unnecessary treatment and inadequate consent discussions.
Each of these examples shows how clinical missteps translate into legal exposure.
Bottom Line
Dental malpractice lawsuits in Brooklyn often grow out of the same set of avoidable mistakes: wrong-site procedures, missed diagnoses, nerve injuries, root canal errors, infection-control lapses, and poor consent practices. New York’s legal framework—especially its informed consent statute and strict filing deadlines—determines whether patients can recover compensation and whether dentists can defend their practices.
For patients, understanding these common mistakes helps clarify when harm may be legally actionable. For dentists, knowing the risks reinforces the importance of proper procedures, documentation, and communication.
About Chianese & Reilly Law
At Chianese & Reilly Law, our team has decades of experience handling dental malpractice cases in Brooklyn, the Bronx, and across New York. We represent clients in a wide range of claims, from wrong-tooth extractions to complex cancer misdiagnosis cases.
If you believe you or a loved one has suffered due to dental negligence, don’t wait to act. Contact us today through our online form or call (516) 614-6516 for a confidential consultation.
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.