DENTAL MALPRACTICE
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Dental Malpractice in Florida
Dentists, oral surgeons, and orthodontists play a critical role in protecting patients’ health. While most dental care is routine, mistakes can cause devastating injuries—ranging from permanent nerve damage to life-threatening infections.
When dental professionals fail to meet the accepted standard of care, patients may have the right to file a dental malpractice claim. At Loutos Law, we represent victims of dental negligence across Florida. From Fort Pierce and the Treasure Coast to Miami, Orlando, Tampa, and Jacksonville, we fight to hold negligent dental providers accountable.
What Is Dental Malpractice?
Dental malpractice occurs when a dentist, oral surgeon, or other dental provider fails to provide treatment that meets accepted medical and dental standards, and the patient suffers harm as a result.
Like medical malpractice, dental malpractice in Florida requires proving:
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A provider-patient relationship existed.
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The provider breached the accepted standard of care.
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The breach caused harm.
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The patient suffered damages as a result.
Common Types of Dental Malpractice Cases
Dental negligence can occur in many forms. Some of the most common include:
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Nerve Damage
Dental procedures often involve working close to nerves in the face and jaw. Negligence can cause permanent nerve injury, leading to:
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Numbness or loss of sensation
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Tingling or burning pain
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Difficulty eating or speaking
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Facial paralysis
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Anesthesia Errors
Dentists and oral surgeons frequently use local or general anesthesia. Mistakes include:
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Overdosing patients
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Failing to monitor oxygen levels
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Allergic reactions not properly addressed
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Administering anesthesia to patients with contraindications
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These errors can cause brain damage, cardiac arrest, or wrongful death.
03
Dental Implant Failures
Implants are increasingly common but require precision. Negligence occurs when dentists:
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Use the wrong size implant
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Fail to secure the implant properly
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Ignore signs of rejection or infection
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Drill into sinus cavities or nerves
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Misdiagnosis or Failure to Diagnose Oral Conditions
Dentists must diagnose oral health issues early. Common failures include:
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Missing oral cancer
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Ignoring gum disease or abscesses
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Failing to recognize infections that spread to the jaw or bloodstream
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Infections After Procedures
Improper sterilization of instruments or poor post-op care can lead to dangerous infections. Some spread beyond the mouth and cause life-threatening conditions such as sepsis.
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Extraction Errors
Tooth extractions, especially wisdom teeth, carry risks. Mistakes include:
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Breaking jawbones
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Leaving root fragments behind
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Severing nerves
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Causing infections
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Orthodontic Negligence
Orthodontists must properly plan and monitor treatment. Errors include:
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Improperly placed braces
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Failure to monitor progress
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Causing tooth loss or gum disease due to poor planning
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Cosmetic Dentistry Malpractice
Cosmetic procedures like veneers and crowns can lead to lasting harm if performed improperly, including damage to healthy teeth or infections.
Consequences of Dental Negligence
Dental malpractice can leave patients with long-lasting injuries, such as:
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​Chronic pain
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Permanent nerve damage
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Facial disfigurement
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Loss of teeth or bone
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Inability to eat or speak normally
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Emotional trauma and loss of confidence
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Wrongful death in severe cases (such as anesthesia errors or untreated infections)​​​
Real-World Examples of Dental Malpractice
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​A patient receiving dental implants suffers permanent numbness after the dentist drills into a nerve.
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A teenager undergoing wisdom tooth extraction suffers brain damage due to improper anesthesia monitoring.
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A dentist fails to detect oral cancer during routine exams, delaying life-saving treatment.
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Poor sterilization practices cause multiple patients to contract infections.
Florida Law and Dental Malpractice
Under Florida Statutes Chapter 766, dental negligence falls under medical malpractice law. Patients must prove that the provider breached the standard of care and that this breach caused harm.
Like medical malpractice, dental claims often require expert testimony from other dental professionals to explain how the care provided was negligent.
Damages Available in Dental Malpractice Cases
Victims of dental malpractice in Florida may recover compensation for:
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Medical and dental expenses (corrective surgeries, specialist care)
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Lost wages and reduced earning potential
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Pain and suffering
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Costs of dental prosthetics or implants
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Emotional distress
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Wrongful death damages for surviving families
How Loutos Law Helps Dental Malpractice Victims
At Loutos Law, we know how devastating dental negligence can be. Our firm has the resources and experience to take on complex dental malpractice claims, including cases against major dental providers.
Our approach includes:
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Investigating dental records and imaging for errors
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Working with dental and medical experts to prove malpractice
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Aggressively litigating against negligent dentists and insurers
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Providing compassionate, client-focused support every step of the way
We have gone up against large healthcare organizations and providers—and won.
Frequently Asked Questions
About Dental Malpractice in Florida
LOUTOS LAW
Protects Dental Malpractice Victims Across Florida
Dental malpractice is often overlooked, but its consequences can be just as devastating as medical negligence. At Loutos Law, we fight for dental malpractice victims across Florida—whether harmed by nerve injuries, anesthesia errors, failed implants, or misdiagnoses.
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If you or a loved one were harmed by dental negligence, contact Loutos Law today for a free consultation. We’ll hold negligent providers accountable and fight for the justice you deserve.