New Jersey Dental Malpractice Attorneys
Aggressive representation for patients harmed by negligent procedures
Dental patients trust their providers to deliver healthy results in a safe, competent manner. When a dentist, oral surgeon or hygienist fails to meet professional standards and harms a patient, New Jersey law allows victims to pursue full compensation. At Rich & Rich, P.C., we understand that dental malpractice can cause life-altering harm. Our firm is highly experienced in this area of the law, with a long record of stellar results for injured clients. If a dental professional harmed you anywhere in northern New Jersey — including Bergen, Essex, Hudson, Morris, Passaic, Sussex, Union and Warren counties — we are ready to help you pursue the justice your case deserves.
Dental procedures most likely to cause injury
While most dental procedures are routine, certain treatments carry higher risks, especially when performed negligently:
- Tooth extractions — Common injuries include nerve damage, sinus perforations or jaw fractures if something goes wrong when a wisdom tooth, or another type of tooth, is being removed.
- Root canals — Poor sealing can cause infection and/or persistent pain.
- Dental implants — Pain and failure from incorrect placement, as well as infection, are common.
- Orthodontia — Excessive force or improper planning can cause bone loss or root resorption.
Even routine cleanings may result in injury when practitioners ignore underlying gum disease or use excessive force.
Common injuries resulting from dental malpractice
Dental malpractice can produce a wide range of injuries. Symptoms can range from temporary pain to permanent disability. Patients may suffer:
- Nerve damage
- Numbness of the tongue, lips, or face
- Infections
- Fractured jaws
- Damaged adjacent teeth
- Chronic pain
- Problems chewing
- Impaired speech
Cases of delayed diagnosis can allow oral cancer or infection to worsen significantly.
What your attorney must prove to establish dental malpractice
To succeed in a dental malpractice claim, an attorney must prove several legal elements:
- Dentist-patient relationship establishing a duty of care
- Deviation from accepted professional standards breaching the duty of care
- Direct link between the deviation and measurable harm
- Damages in the form of economic and noneconomic losses
Dental malpractice cases typically require testimony from a qualified expert who can explain how the quality of treatment fell below that of a reasonably competent practitioner.
Overcoming procedural hurdles in NJ dental malpractice cases
New Jersey imposes specific procedural requirements in professional malpractice claims. One of the most important is the Affidavit of Merit requirement. Within a limited time after filing suit, a plaintiff must provide a sworn statement from a licensed dental expert confirming that the case has merit. Failure to comply can lead to dismissal.
Most dental malpractice claims must be filed within two years of the date the patient knew or should have known of the injury, though exceptions might apply. These procedural rules make it critically important for injured patients to consult a knowledgeable dental malpractice attorney as early as possible.
Damages available in NJ for dental malpractice
Victims of dental malpractice in New Jersey may pursue both economic and non-economic damages. Economic damages include reimbursement for:
- Corrective treatment
- Hospitalization
- Medication
- Lost wages
- Other related expenses
Non-economic damages compensate for:
- Physical pain
- Mental suffering
- Emotional distress
- Diminished quality of life
New Jersey does not impose a general cap on compensatory damages in medical or dental malpractice cases. However, punitive damages are available only in cases involving egregious misconduct. These are capped at five times the compensatory award or $350,000, whichever is greater. An experienced attorney at our firm can evaluate the full scope of your losses to pursue your maximum recovery.
Contact our New Jersey dental malpractice lawyers for a free consultation
Rich & Rich, P.C. is a preeminent personal injury law firm representing injured patients in dental malpractice cases. Our practice covers North Jersey, including Bergen, Essex, Hudson, Morris, Passaic, Sussex, Union and Warren counties. Please call 917-746-3358 or contact us online to schedule a free consultation.
