Florida Dental Malpractice Attorney

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Over 35 Years of Experience Fighting for Victims of Negligence

While often overlooked compared to medical malpractice, dental malpractice is a serious issue that can cause significant pain, permanent injury, and substantial financial hardship. Dentists and oral surgeons, like all healthcare providers, are held to a professional standard of care. When they fail to meet this standard and harm results, patients have the right to seek justice.

If you or a loved one suffered serious injury due to a dentist’s mistake in Fort Lauderdale, Broward County, or anywhere in Florida, you need an experienced advocate on your side. Dental malpractice attorney Lisa Levine has dedicated her career to helping victims of negligence recover the compensation they deserve.

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What Constitutes Dental Malpractice in Florida?

Dentist Malpractice Lawsuit Florida

Dental malpractice occurs when a dentist, oral surgeon, hygienist, or other dental professional fails to provide treatment that meets the accepted standard of care, and this failure directly causes injury or harm to a patient.

The standard of care is generally defined as the level of skill and care that a reasonably prudent dental professional in the same specialty would have provided under similar circumstances.

Not every negative outcome from dental treatment is malpractice. Dentistry involves inherent risks. However, if harm occurs because the provider was negligent – meaning they breached their duty of care – it may be grounds for a malpractice lawsuit. Determining whether malpractice occurred often requires careful review by an experienced Florida dental malpractice lawyer and qualified dental experts.

How to Prove Dental Malpractice in Florida

To successfully pursue a dental malpractice claim, we must establish four key elements:

  1. Duty: A dentist-patient relationship existed, creating a duty of care. (Usually established by seeking/receiving treatment).
  2. Breach: The dental professional failed to meet the accepted standard of care through negligent action or inaction.
  3. Causation: This breach of duty was the direct cause of the patient’s injury or harm.
  4. Damages: The patient suffered actual damages (physical, financial, emotional) as a result of the injury.

Proving these elements typically involves gathering comprehensive dental records, obtaining testimony from qualified dental expert witnesses who can explain the standard of care and how it was breached, and demonstrating the full extent of the harm suffered. An attorney experienced in these cases, like Lisa Levine, is crucial for building a strong and persuasive case.

Common Types of Florida Dental Malpractice Cases

Negligence can occur during various dental treatments. Some common types of dental malpractice include:

  • Failure to Diagnose or Misdiagnosis: Missing or delaying diagnosis of serious conditions like oral cancer or periodontal (gum) disease, allowing the condition to worsen significantly.
  • Negligent Extractions: Damaging adjacent teeth, fracturing the jaw, causing excessive bleeding, or failing to remove the entire tooth or root fragments.
  • Dental Implant Errors: Improper placement leading to nerve damage, infection, sinus perforation, implant failure, or damage to surrounding structures due to inadequate planning or surgical skill.
  • Root Canal Errors: Perforating the tooth root, failing to adequately clean or seal the canals leading to persistent infection/abscess, or instrument separation within the canal.
  • Anesthesia Errors: Administering incorrect dosage, failure to monitor the patient properly, or using inappropriate types of anesthesia, leading to complications or injury.
  • Crown and Bridge Errors: Failure to remove decay before placement, improper fitting leading to bite problems or decay underneath, poor margins causing irritation or infection.
  • Failure to Treat or Refer: Not addressing infections appropriately or failing to refer a patient to a specialist (like an oral surgeon or periodontist) when necessary.
  • Nerve Injuries: Damaging the lingual nerve or inferior alveolar nerve during extractions, injections, implant placement, or other procedures. (See detailed section below)

If you believe you’ve suffered harm due to these or other dental errors, contact us to discuss your situation.

Nerve Injuries During Dental Work (Lingual & IAN)

Injuries to the lingual nerve (providing sensation/taste to the tongue) and the inferior alveolar nerve (providing sensation to the lower lip, chin, and teeth) are among the most serious complications of dental procedures. Damage can result from:

  • Wisdom Tooth Removal: High risk due to nerve proximity.
  • Dental Implant Placement: Drilling or implant impingement on the IAN.
  • Anesthesia Injections: Direct trauma or chemical injury from improperly administered blocks.
  • Root Canals/Extractions: Instrument damage near the IAN.

Symptoms of Lingual Nerve Injury (LNI): Numbness, tingling, pain, or altered taste on the tongue; difficulty speaking or swallowing.

Symptoms of Inferior Alveolar Nerve (IAN) Injury: Numbness, tingling, or pain in the lower lip, chin, gums, or teeth; difficulty with lip control.These injuries can cause persistent pain, loss of function, and significant emotional distress. Proving negligence often involves showing the dentist failed to properly plan, use correct techniques, or manage complications appropriately. Learn more about Lingual & Inferior Alveolar Nerve Injuries.

What Compensation Can I Receive in a Dental Malpractice Lawsuit in Florida?

If dental malpractice caused your injuries, you may be entitled to recover compensation (damages) for your losses, which can include:

Economic Damages

Tangible financial losses such as:

  • Lost wages and income due to time off work.
  • Diminished future earning capacity if the injury is permanent.
  • Past and future dental/medical bills (for corrective treatment, therapy, etc.)

Non-Economic Damages

Intangible losses reflecting the human cost, such as:

  • Pain and suffering (physical and emotional).
  • Loss of enjoyment of life.
  • Disfigurement or scarring.
  • Emotional distress and mental anguish.

The specific amount depends on the severity of your injury, its long-term impact, and the strength of your case. An experienced attorney will help accurately assess the full value of your claim.

Proven Results in Dental & Medical Malpractice

$350,000

jean hanna
v. justin a. martone, D.M.D. & apple tree dental care

After receiving a 3-tooth bridge from Dr. Martone/Apple Tree Dental, Jean Hanna lost two foundation teeth and needed 3 implants. This resulted from alleged negligent preparation and placement, including failure to remove decay before cementing the bridge.

$225,000

john doe
v. dentist

John Doe went into doctor’s office for a root canal. The dentist failed to use a dam near the effected root so the liquid used to kill the root (hydrochloric acid) leaked out and destroyed gum and bone.

See More Case Results

Disclaimer: Past results do not guarantee future outcomes. Every case is unique.

Why Choose Lisa Levine for Your Florida Dental Malpractice Case?

Choosing the right attorney is crucial for complex dental malpractice claims. Lisa S. Levine, P.A. offers distinct advantages:

  • Decades of Malpractice Focus: Over 35 years concentrated specifically on medical and dental malpractice litigation – not general personal injury.
  • Specific Dental Case Experience: Proven ability to handle intricate dental negligence cases, including complex nerve injuries and diagnostic failures. (See Results)
  • Access to Top Dental Experts: A network of qualified dentists, oral surgeons, and other specialists essential for proving your case.
  • Personalized, Direct Representation: Work directly with Lisa Levine and receive attentive, compassionate service. (Client Testimonials)
  • Contingency Fee – No Upfront Costs: We invest in your case and only get paid if you recover compensation. (Our Commitment)
  • Proven Trial Advocate: Ready and able to take your case to court if a fair settlement cannot be reached.
Dental Negligence Attorney FL

Frequently Asked Questions about Dental Malpractice

Malpractice occurs when a dentist’s care falls below the accepted standard, directly causing harm. Not all complications are malpractice. An experienced attorney reviewing your case with dental experts is needed to determine if negligence occurred.

Generally two years from when you knew (or should have known) about the injury and its link to potential malpractice, but usually no more than four years from the incident itself (statute of repose), with limited exceptions. Contact a lawyer immediately as deadlines are critical.

You need an attorney experienced specifically in medical and dental malpractice litigation in Florida, like Lisa S. Levine, not just a general personal injury lawyer. These cases require specific knowledge of dental standards and expert witnesses.

Expert witnesses (qualified dentists, oral surgeons, etc.) are essential. They help establish the standard of care for your procedure, explain how your dentist breached that standard, and link the negligence directly to your injuries.

Lisa S. Levine, P.A. works on a contingency fee basis. You pay no attorney fees upfront. Our fee is a percentage of the compensation recovered for you. The initial consultation is free.

Contact a Florida Dental Malpractice Attorney Today

If you believe you or a family member has suffered due to negligent dental care in Fort Lauderdale, Weston, Pembroke Pines, Hollywood, Miami, Palm Beach County, or anywhere in Florida, take the first step towards protecting your rights.
Lisa S. Levine, P.A. offers experienced, compassionate, and determined representation for victims of dental malpractice. Schedule your free, confidential consultation to discuss your case and learn how we can help.

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