June 24, 2025 | Medical Malpractice

Top 3 Reasons to Sue a Dentist for Malpractice

Dental malpractice can be just as serious as medical malpractice. When a dentist’s care falls below professional standards and causes harm, patients in Chicago have the right to seek legal recourse. These cases can involve lasting pain, permanent damage, or the need for corrective treatment that might not be covered by insurance.

Here are the top three reasons to sue dentists for malpractice most commonly and what’s required to bring a valid claim in Illinois.

1. Misdiagnosis or Delayed Diagnosis

Failure to diagnose—or delaying the diagnosis of—a serious oral condition is a leading cause of dental malpractice claims. Dentists are trained to spot signs of infections, oral cancers, gum disease, and other structural issues. When they miss a condition or fail to order proper testing, the delay can lead to:

  • Progression of disease
  • Unnecessary tooth loss
  • Need for surgical intervention
  • Spread of infection to the surrounding tissues or bone

A successful claim typically involves showing that a prompt diagnosis would have prevented the injury or complication.

2. Improper Tooth Extraction or Surgical Error

Tooth extraction may seem routine, but it carries serious risks if performed incorrectly. Surgical errors are among the most common malpractice claims in dentistry, particularly involving:

  • Nerve damage (especially to the inferior alveolar or lingual nerves)
  • Fractured jaw or surrounding teeth
  • Improper extraction of the wrong tooth
  • Infections resulting from poor sterilization or technique

Permanent nerve damage can cause loss of sensation, chronic pain, or impaired function. In these cases, plaintiffs often argue that the dentist failed to meet the standard of care during the procedure.

Illinois typically follows a two-year statute of limitations for filing medical malpractice lawsuits, but it can be extended if the injury wasn’t immediately apparent.

Dentists must explain any major procedure’s risks, benefits, and alternatives. Failing to obtain informed consent is a legal violation, even if the procedure is performed correctly. This is especially important for invasive or elective treatments like:

  • Root canals
  • Tooth implants
  • Cosmetic procedures (e.g., veneers or crowns)
  • Orthodontic interventions

If a patient experiences a known risk that wasn’t disclosed beforehand, the dentist could be liable for damages—especially if the patient would have declined the procedure had they known the full scope of potential complications.

Proving Dental Malpractice in Illinois

Dental malpractice cases often require extensive documentation, including dental records, expert testimony, and evidence of damages. In Illinois, these elements are critical for building a strong case. Without them, claims may be dismissed early. 

To sue a dentist for malpractice, a plaintiff must show:

  • A dentist-patient relationship existed.
  • The dentist breached the standard of care.
  • The breach caused injury.
  • The injury led to specific damages.

Most Illinois claims also require an affidavit of merit from a licensed dental professional stating that the claim has a factual basis.

Damages can include medical costs, lost income, pain and suffering, and the cost of corrective treatment. The compensation may be substantial in cases of extreme negligence or permanent harm. Working with an attorney can help ensure the proper legal foundation is established from the start.

Dental negligence can have serious long-term consequences. Understanding your rights is the first step toward accountability and recovery, as patients harmed by poor care in Illinois have legal options.

If you’ve been injured in an accident in Chicago, IL, don’t navigate the legal process alone. Our dedicated team is here to provide the expert guidance you need to secure the compensation you deserve. Contact our experienced attorneys at Powell and Pisman Injury Lawyers for a free consultation.

We serve Cook County and its surrounding areas:

Powell and Pisman Injury Lawyers
875 N Dearborn St 4th Floor
Chicago, IL 60610
(312) 635-5400
Open 24/7
https://paulandsteve.com/