Overview
Dental malpractice claims share the same fundamental legal framework as medical malpractice in California. The same elements of duty, breach, causation, and damages apply, and MICRA governs these cases just as it governs claims against physicians.
Dental injuries may appear less dramatic, but they can profoundly affect a person's ability to eat, speak, and function. Nerve injuries from dental procedures can cause permanent numbness, pain, or altered sensation. Understanding the clinical realities of dentistry is essential to evaluating these claims.
Standard of Care
Dentists are held to the standard of a reasonably competent dentist in the same area of practice. Specialists are held to their specialty standard. A general dentist performing a specialist-level procedure may be held to the specialist standard.
Common Claims
The most significant dental malpractice injuries include inferior alveolar and lingual nerve damage, dental implant failures, wrong-tooth extractions, infections, TMJ injuries, and anesthesia complications.
Nerve Injuries in Dentistry
Nerve damage is the most significant category. The inferior alveolar nerve provides sensation to the lower lip and chin. The lingual nerve provides sensation and taste to the tongue. Injuries range from temporary neuropraxia to permanent neurotmesis requiring microsurgical repair.
Economic Viability
MICRA caps, fee limitations, and high litigation costs make many dental cases economically marginal. Cases with permanent nerve injury, $50,000+ corrective costs, clear breach, and strong expert support justify the investment.
Dental Board Complaints
Clients may file complaints with the Dental Board of California in addition to civil claims. Board proceedings are separate from civil litigation but can prompt settlement discussions and produce useful evidence.
MICRA deadlines apply. Act now.
Dental malpractice is governed by MICRA, with the same 90-day notice and one-year statute of limitations. Contact a California injury attorney to evaluate your claim.
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Cross-References
Common Questions
Is dental malpractice treated the same as medical malpractice in California?
Yes. Dentists are healthcare providers under MICRA. All MICRA provisions apply, including the non-economic damages cap ($470,000 for non-death cases in 2026), the attorney fee sliding scale, the 90-day prelitigation notice, and the certificate of merit requirement. The elements of duty, breach, causation, and damages are the same.
What are the most common dental malpractice injuries?
The most significant injuries are nerve damage (inferior alveolar nerve and lingual nerve injuries causing permanent numbness, tingling, or pain), failed dental implants, wrong-tooth extractions, infections that spread to the neck or jaw, and anesthesia complications. Permanent nerve injuries and wrong-tooth extractions tend to be the strongest cases.
How do I know if my dental injury is malpractice or a known complication?
Not every bad outcome is malpractice. The question is whether the dentist met the standard of care. A qualified dental expert in the same specialty must review your records and determine whether the dentist's actions fell below what a reasonably competent dentist would have done. Known complications can still be malpractice if the dentist failed to take proper precautions or failed to warn you.
Are dental malpractice cases economically viable?
Many are not. The MICRA cap, fee limitations, and high litigation costs make dental cases economically marginal unless there is permanent nerve injury, significant corrective treatment costs, clear breach of care, and strong expert support. Cases involving transient injuries or low corrective costs often do not justify the investment.
Sources & Citations
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Local Resources
- Dental Board of CaliforniaFile complaints; verify dental licenses; check disciplinary history.
- UCLA School of DentistryDental school faculty as potential expert witnesses.
- USC Herman Ostrow School of DentistryExpert witness resource for dental malpractice.
- Cedars-Sinai EmergencyEmergency care for serious dental infections.
- CA State Bar LookupVerify any attorney's license before hiring.
- California Civil Code Section 3333.2 (MICRA Cap). Non-economic damages cap applies to dental malpractice.
- CCP 340.5 (Statute of Limitations). 1 year from discovery, 3 years from injury for dental malpractice.
- CCP 411.35 (Certificate of Merit). Expert consultation required before filing dental malpractice.
- CCP 364 (90-Day Notice). Prelitigation notice required for dental malpractice claims.
- Business & Professions Code 1680 (Dental Practice Act). Standards governing dental practice in California.
- Flowers v. Torrance Memorial (1994) 8 Cal.4th 992. Expert testimony required to establish standard of care.