Dentist Malpractice in Georgia: Your Legal Rights
Dental malpractice is more common than many people realize. If a dentist’s negligence caused you harm in Georgia — whether through a botched procedure, misdiagnosis, unnecessary treatment, or failure to properly manage an infection — you may have a valid medical malpractice claim. At the Wetherington Law Firm, we understand the physical pain, emotional distress, and financial burden that dental malpractice causes, and we fight to hold negligent dental professionals accountable.
Common Forms of Dental Malpractice
- Nerve damage during procedures: The inferior alveolar nerve and lingual nerve can be damaged during wisdom tooth extraction, root canals, or implant placement, causing permanent numbness, tingling, or pain in the lip, chin, tongue, or gums
- Failure to diagnose oral cancer: Dentists have a responsibility to screen for signs of oral cancer during routine examinations. A delayed diagnosis can allow cancer to progress from treatable to terminal
- Improper root canal treatment: Leaving infected tissue, perforating the root, breaking an instrument inside the canal, or failing to properly seal the canal can lead to persistent infection, abscess, and tooth loss
- Anesthesia errors: Overdose, allergic reactions, or improper administration of local or general anesthesia
- Unnecessary treatment: Performing crowns, root canals, or extractions on healthy teeth for financial gain
- Infection from improper sterilization: Failure to properly sterilize instruments can transmit bacterial, viral, or fungal infections between patients
- Jaw fracture during extraction: Excessive force during tooth extraction can fracture the mandible
- Wrong tooth extraction: Removing the wrong tooth is a “never event” that constitutes clear malpractice
Georgia Legal Framework
Statute of Limitations (O.C.G.A. § 9-3-71): Two years from the negligent act, with a five-year statute of repose. If a foreign object (broken instrument, retained root tip) is left in your body, a one-year discovery rule applies from when the object was or should have been discovered.
Expert Affidavit (O.C.G.A. § 9-11-9.1): Your malpractice complaint must include an expert affidavit from a qualified dental professional confirming that negligence occurred and caused your injury.
Standard of Care (O.C.G.A. § 51-1-27): A dentist must exercise the degree of care and skill ordinarily employed by the dental profession under similar conditions. This standard is established through expert testimony.
Compensation Available
Under O.C.G.A. § 51-12-4, dental malpractice victims can recover:
- Corrective treatment costs: Additional dental work, oral surgery, implants ($3,000-$6,000 per implant), bone grafts, and ongoing dental care
- Medical expenses: Treatment for infections, nerve damage, or other medical conditions caused by the malpractice
- Lost wages: Time off work for treatment and recovery
- Pain and suffering: Dental pain is among the most severe forms of pain. The physical suffering, emotional distress, and impact on eating, speaking, and appearance are all compensable
- Disfigurement: Visible damage to teeth, jaw, or facial appearance
- Future dental costs: Ongoing maintenance of implants, crowns, or other restorative work for the remainder of your life
Nerve Damage: A Devastating Consequence
Nerve damage is one of the most devastating consequences of dental malpractice because it is often permanent. The inferior alveolar nerve controls sensation in the lower lip, chin, and gums, while the lingual nerve controls sensation and taste in the tongue. Damage to either nerve can result in permanent numbness, chronic pain (neuropathy), burning sensations, inability to taste food, difficulty eating and drinking, and drooling from loss of lip sensation.
These injuries fundamentally change the quality of daily life and deserve substantial compensation.
Insurance Company Tactics
Dental malpractice insurers will hire defense experts who claim the dentist met the standard of care, argue that complications are “known risks” that you consented to, claim your injury is temporary when it is permanent, and pressure you to accept a lowball settlement before you understand the full extent of your damages. Do not accept any settlement or sign any documents from the insurance company without consulting an attorney first.
Contact the Wetherington Law Firm
If you were harmed by dental malpractice in Georgia, contact the Wetherington Law Firm for a free consultation. Our attorneys have the resources to investigate your claim, retain qualified dental and medical experts, and pursue the maximum compensation available under Georgia law. We work on contingency — you pay nothing unless we win.
Call now: (404) 888-1111 | Free consultation