Dental Malpractice Calculator
Estimate potential compensation for dental malpractice including nerve damage, improper extractions, failed implants, and unnecessary procedures.
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About This Calculator
Dental malpractice occurs when a dentist or dental professional fails to provide the standard of care, resulting in injury to the patient. While dental procedures are generally safe, errors can cause nerve damage, infections, unnecessary tooth loss, and other serious complications. Understanding your rights when dental care goes wrong is essential to obtaining fair compensation.
Common Dental Malpractice Claims:
- Nerve Damage: Numbness, pain, or altered sensation from damaged nerves
- Wrong Tooth Extraction: Removing the healthy tooth instead of the problem tooth
- Failed Dental Implants: Improperly placed or rejected implants
- Infections: From unsterile equipment or improper technique
- Jaw Damage: TMJ injuries or jaw fractures from procedures
- Anesthesia Complications: Overdose or allergic reactions
What Makes Dental Malpractice Different:
- Relatively lower damage amounts than medical malpractice
- Permanent injuries (nerve damage) increase case value significantly
- Standard of care established by dental experts
- Shorter statute of limitations in some states
Key Factors in Dental Cases:
- Whether injury is permanent or temporary
- Impact on eating, speaking, and appearance
- Cost of corrective treatment
- Documentation of the error
This calculator helps estimate potential compensation for dental malpractice. For other medical malpractice claims, see our Lawsuit Settlement Calculator. For birth-related injuries, visit our Birth Injury Calculator.
How to Use the Dental Malpractice Calculator
- 1Select the type of dental injury you experienced.
- 2Indicate whether the damage is permanent, partial, or temporary.
- 3Enter the original dental bill for the negligent treatment.
- 4Input the estimated cost of corrective treatment.
- 5Enter the number of work days you missed due to the injury.
- 6Input your daily wage to calculate lost wages.
- 7Enter the number of months you've experienced pain or discomfort.
- 8Check applicable boxes for functional impairments.
- 9Review the settlement estimate including economic and non-economic damages.
Types of Dental Malpractice
Dental malpractice takes many forms, each with different case values.
Nerve Injuries
Inferior Alveolar Nerve Damage:
- Affects lower lip, chin, and gums
- Numbness, tingling, or burning pain
- Often from wisdom tooth extraction or implants
Lingual Nerve Damage:
- Affects tongue sensation and taste
- Can cause speech difficulties
- Difficulty eating and drinking
| Nerve Injury Outcome | Recovery Time |
|---|---|
| Neuropraxia (mild) | Weeks to months |
| Partial damage | Months to years |
| Complete severance | Usually permanent |
Surgical Errors
Wrong Tooth Extraction:
- Extracting healthy tooth by mistake
- Requires replacement (implant, bridge)
- May affect adjacent teeth
Oral Surgery Complications:
- Perforated sinus during extraction
- Fractured jaw
- Retained root fragments
Implant Failures
| Failure Cause | Liability |
|---|---|
| Improper placement | Usually malpractice |
| Infection | May be malpractice |
| Patient rejection | Often not malpractice |
| Insufficient bone | Depends on pre-op assessment |
Other Common Claims
- Delayed diagnosis of oral cancer
- Unnecessary procedures
- Failure to refer to specialist
- Medication errors
- Unsterile instruments causing infection
Proving Dental Malpractice
Like all malpractice cases, dental claims require proving specific elements.
Elements of Proof
- Duty: Dentist had a professional duty to you
- Breach: Dentist violated the standard of care
- Causation: The breach caused your injury
- Damages: You suffered actual harm
Standard of Care
The care that a reasonably competent dentist with similar training would provide under similar circumstances.
Established By:
- Expert witness testimony (required)
- Dental literature and guidelines
- American Dental Association standards
- Specialty board guidelines
Expert Witness Requirement
Most states require expert testimony to establish:
- What the standard of care required
- How the defendant breached it
- That the breach caused the injury
Expert Qualifications:
- Usually must be a licensed dentist
- Same or similar specialty
- Familiar with accepted practices
Common Standard of Care Violations
| Violation | Example |
|---|---|
| Inadequate examination | Missing obvious pathology |
| Failure to obtain consent | Not explaining risks |
| Poor technique | Damaging adjacent structures |
| Failure to refer | Not sending to specialist when needed |
| Inadequate follow-up | Not addressing complications |
Damages in Dental Malpractice
Dental cases typically have lower damages than medical malpractice but can still be substantial.
Economic Damages
Original Dental Bill:
- Cost of negligent treatment
- May be refunded or credited
Corrective Treatment:
- Implants: $3,000 - $6,000 per tooth
- Root canals: $700 - $1,500
- Bridges: $1,500 - $5,000
- Dentures: $1,000 - $3,000
- Corrective surgery: $5,000 - $50,000+
Lost Wages:
- Time off work for treatment
- Time off for recovery
- Future missed work
Non-Economic Damages
Pain and Suffering:
- Physical pain experienced
- Duration of discomfort
- Severity of symptoms
Emotional Distress:
- Anxiety about dental care
- Embarrassment from appearance
- Depression from limitations
Loss of Function:
- Difficulty eating
- Speech problems
- Taste alterations
Typical Settlement Ranges
| Injury Type | Typical Range |
|---|---|
| Minor (temporary) | $5,000 - $25,000 |
| Moderate (some permanent effect) | $25,000 - $100,000 |
| Severe (permanent nerve damage) | $100,000 - $500,000 |
| Catastrophic (facial disfigurement) | $500,000+ |
Permanent vs. Temporary Injuries
Whether injuries are permanent dramatically affects case value.
Temporary Injuries
Characteristics:
- Full recovery expected
- Healing within weeks to months
- No lasting functional impairment
Examples:
- Mild swelling
- Temporary numbness that resolves
- Pain that subsides with treatment
- Treatable infections
Lower Case Value Because:
- No ongoing suffering
- No future treatment costs
- No permanent impairment
Permanent Injuries
Characteristics:
- Lasting damage despite treatment
- Chronic pain or numbness
- Permanent functional loss
Examples:
- Permanent nerve damage
- Chronic TMJ disorders
- Permanent tooth loss
- Facial scarring/disfigurement
Higher Case Value Because:
- Lifetime of suffering
- Ongoing treatment costs
- Permanent quality of life impact
Proving Permanence
Required Evidence:
- Medical records showing condition
- Time elapsed since injury
- Expert opinion on prognosis
- Documentation of ongoing symptoms
Timeline:
- Courts want to see permanence before trial
- Typically 1-2 years post-injury
- May need to wait until Maximum Medical Improvement
Informed Consent Issues
Failure to obtain proper informed consent can be malpractice.
What Informed Consent Requires
The dentist must explain:
- Nature of the proposed procedure
- Reasonably foreseeable risks
- Benefits of the procedure
- Alternatives and their risks
- Risks of doing nothing
Informed Consent Violations
| Violation | Example |
|---|---|
| No consent obtained | Procedure done without agreement |
| Inadequate disclosure | Didn't mention common risks |
| Wrong procedure | Did something different than consented |
| Exceeded consent | Went beyond what was authorized |
Risk Disclosure Standards
Two Standards Used:
Professional Standard:
- Must disclose what other dentists would disclose
- Majority rule
Patient Standard:
- Must disclose what a reasonable patient would want to know
- Growing trend
Common Undisclosed Risks
- Nerve damage during extractions
- Implant failure rates
- Infection risks
- Adjacent tooth damage
- Jaw fracture possibilities
Documenting Consent
Good Practice Includes:
- Written consent form
- Description of procedure
- Listed risks and alternatives
- Patient signature and date
- Copy provided to patient
Statute of Limitations
Time limits for filing dental malpractice claims vary by state.
General Rules
| State | Time Limit |
|---|---|
| California | 1 year from discovery, 3 years max |
| Texas | 2 years |
| Florida | 2 years from discovery, 4 years max |
| New York | 2.5 years |
| Illinois | 2 years from discovery, 4 years max |
Discovery Rule
Many states use "discovery rule":
- Clock starts when you knew or should have known of injury
- Not necessarily when malpractice occurred
- Important for delayed-discovery injuries
Examples
Immediate Discovery:
- Wrong tooth extracted: Clock starts immediately
- Obvious nerve damage: Clock starts at procedure
Delayed Discovery:
- Hidden infection: Clock starts when symptoms appear
- Gradual damage: Clock may start when diagnosed
Statute of Repose
Some states have absolute outer limits:
- Regardless of when discovered
- Typically 4-10 years from procedure
- Can bar claims even if just discovered
Minors
For children:
- Clock often tolled during minority
- May file within time after turning 18
- Varies significantly by state
Key Warning
Don't delay consultation:
- Evidence disappears
- Witnesses forget
- Dental records may be lost
- Clock may be running
Pro Tips
- 💡Request copies of all dental records, X-rays, and treatment notes immediately.
- 💡Get a second opinion from another dentist to document the injury.
- 💡Photograph any visible injuries or changes to your mouth/face.
- 💡Keep a journal documenting your pain, symptoms, and limitations daily.
- 💡Save all receipts for dental treatment, medications, and related expenses.
- 💡Don't return to the same dentist for corrective treatment.
- 💡Note how the injury affects your daily activities, eating, and speaking.
- 💡Don't wait to consult an attorney - statutes of limitations can be short.
- 💡Preserve any dental appliances, implants, or equipment involved.
- 💡Document all time missed from work and activities.
- 💡Get medical documentation of any nerve damage or other conditions.
- 💡Don't post about your case or your activities on social media.
Frequently Asked Questions
Dental nerve damage cases vary based on whether the damage is permanent. Temporary numbness that resolves may settle for $10,000-$50,000. Permanent nerve damage causing lasting numbness or pain typically settles for $100,000-$500,000. Severe cases with permanent loss of taste, speech problems, or chronic pain can exceed $500,000.
