Atlanta Dental Malpractice Attorney

When dental care goes wrong, the consequences can be painful and sometimes life-changing. If you or a loved one has suffered harm due to negligent dental treatment in Atlanta or anywhere in Georgia, you may have the right to seek compensation. At the Wetherington Law Firm, our dedicated team of medical malpractice attorneys, including experienced Atlanta dental malpractice lawyer Matt Wetherington, is ready to stand by your side.

We focus on helping victims of dental negligence prove how a dentist or healthcare provider failed to meet the professional standard of care required by Georgia law. Our dental malpractice lawyer works closely with clients, gathering medical records, consulting with experts, and thoroughly documenting the extent of your injuries. Whether you’re facing long-term pain, corrective surgeries, or permanent complications from a dental injury, we fight for the compensation you deserve.

Victims of dental malpractice often face uphill battles; painful treatments, mounting medical costs, and tough negotiations with insurance companies or large dental practices. Insurers may try to downplay your injury, shift blame, or offer unfair settlements, all while critical evidence like treatment records or X-rays may disappear. That’s why having an experienced Atlanta dental malpractice attorney in your corner is essential.

On top of these challenges, Georgia’s modified comparative negligence rule (O.C.G.A. § 51-12-33) means your compensation could be reduced if you’re found partly at fault. And with the strict two-year statute of limitations (O.C.G.A. § 9-3-71) now even tighter under the 2025 Georgia Tort Reform Law, you can’t afford to wait. Navigating these legal hurdles requires a skilled dental malpractice attorney who knows how to protect your rights.

Led by Georgia Super Lawyer Matt Wetherington, our team has recovered over $500 million for injury victims in Fulton, DeKalb, and across Georgia. If you’ve suffered because of dental malpractice, don’t go it alone. Call (404) 888-4444 or fill out our free consultation form today. Let us help you seek justice and fair compensation.

Contact a Dental Malpractice Lawyer

Contact Us

Get free case evaluation for dental malpractice claims in Atlanta and any part of Georgia.

What Are the Qualities to Look for in a Dental Malpractice Lawyer?

Choosing the right Atlanta dental malpractice lawyer is crucial for dental malpractice claims, as these cases involve complex medical malpractice disputes, significant damages, and resistant insurers, compounded by the 2025 Georgia Tort Reform Law’s procedural hurdles. A skilled dental malpractice attorney secures compensation for your medical costs, lost income, and suffering. Here are key qualities to seek:

• Expertise in Dental Malpractice Cases: Your dental malpractice lawyer must understand Georgia’s medical malpractice laws (O.C.G.A. § 51-1-27), dental standards of care, and the complexities of proving fault in procedures like implants or extractions. They should be able to deal with how the 2025 Georgia tort reform law affects your claim. Experience with Atlanta cases, like nerve injuries at Piedmont dental offices, and analyzing dental records or expert testimony is essential. Our team excels at proving negligence.
• Compassion and Client Focus: Your dental malpractice attorney should empathize with your pain, whether you’re a professional in Sandy Springs facing disfigurement or a parent in East Point worried about a child’s injury. We offer clear communication and personalized care.
• Negotiation Prowess: Insurers often minimize injury severity or exploit tort reform rules, like actual medical cost evidence, to reduce payouts. A skilled dental malpractice lawyer uses dental expert testimony and damage analyses to counter these tactics, maximizing recoveries across Georgia.
• Trial Experience: With bifurcated trials under the new tort reform law, your lawyer must be trial-ready. Our dental malpractice attorneys, including Robert Friedman and James Cox, have a history of courtroom success in Georgia’s courts.
• Local Knowledge of Atlanta: Familiarity with Atlanta’s dental practices, like those on Peachtree Road or in Lenox Square, helps pinpoint liability in dental malpractice hotspots. Our Atlanta-native team leverages this expertise.
• Contingency Fee Structure: No upfront fees; we only charge if you win (typically 33%–40% in Georgia). Free consultations ensure transparency.
• Maximizing Compensation: We pursue all damages, including future care and pain and suffering (O.C.G.A. § 51-12-5), working with oral surgeons and economic experts.

Ready to hire a dental malpractice attorney? Call Wetherington Law Firm at (404) 888-4444 or fill out our free consultation form today.

What are the Common Types of Dental Malpractice and Injuries?

Dental malpractice isn’t limited to careless mistakes; it often involves serious violations of professional standards that leave patients with lasting harm. At the Wetherington Law Firm, we’ve seen firsthand how negligent dental care can result in life-altering injuries. Some of the most common forms of dental malpractice in Georgia include:

• Nerve damage during procedures like root canals, extractions, or implant placement, especially injuries to the lingual nerve or inferior alveolar nerve, which can cause permanent numbness or pain in the lips, chin, tongue, and jaw.
• Improper use of anesthesia leading to nerve injury or adverse reactions.
• Extracting the wrong tooth or causing unnecessary damage to healthy teeth.
• Failure to refer patients to specialists (such as endodontists or oral surgeons) when a procedure is beyond the dentist’s qualifications.
• Neglecting thorough examinations, resulting in missed diagnoses of infections, cancers, or other serious conditions.
• Misreading X-rays or CBCT scans, leading to overlooked tumors, infections, or bone damage.
• Surgical errors, like careless injury to the jawbone, oral cavity, or nearby tissues during procedures.
• Failure to prescribe antibiotics before surgery when medically necessary, increasing the risk of infection.
• Faulty dental work, including botched root canals, extractions, or implants that cause infections or nerve injuries.
• Losing control of dental instruments, such as drills, causing sinus punctures or nerve canal damage.
• Failure to protect the airway, leading to accidental ingestion of dental tools or materials.

These acts of negligence can cause severe complications, including:

• Infections of the mouth, jaw, tongue, or even brain
• Permanent nerve injuries causing chronic pain, numbness, or loss of function
• Heart attacks, strokes, or uncontrolled bleeding
• Undetected cancers that go untreated
• Brain injuries or lack of oxygen due to severe infections
• Catastrophic injuries or even wrongful death

When a dental visit leads to serious harm, you deserve answers and justice. Our dental malpractice attorneys are here to hold negligent providers accountable and help you recover fair compensation.

Contact a Dental Malpractice Lawyer

Contact Us

Get free case evaluation for dental malpractice claims in Atlanta and any part of Georgia.

How Can a Dental Malpractice Lawyer Help in Atlanta?

At Wetherington Law Firm, we ease your burden after a dental malpractice incident. Here’s how we support you:

• Free Consultation: We assess your case, explain Georgia laws, including the 2025 tort reform impacts, and outline options at no cost.
• In-Depth Investigation: We collect dental records, X-rays, witness statements, and expert testimony to prove negligence by dentists, hygienists, or clinics.
• Maximizing Compensation: We calculate all losses, including medical bills, corrective treatments, and emotional trauma, navigating tort reform’s damage caps for full recovery.
• Negotiating with Insurers: We handle insurance companies, countering lowball offers or blame-shifting tactics, even under new evidentiary rules.
• Court Representation: If needed, our trial-tested attorneys advocate fiercely in Georgia’s courts, adapting to bifurcated trials and securing over $100 million in verdicts.

Led by Matt Wetherington, our firm helps Atlanta victims from Brookhaven to College Park seek justice after devastating dental malpractice injuries.

How to File a Dental Malpractice Lawsuit in Georgia

In Georgia, dental malpractice lawsuits must be filed within two years of the injury. If the injury wasn’t immediately apparent, the time may extend, but never beyond five years. Additionally, Georgia law requires an “affidavit of merit” from a qualified dental expert confirming the standard of care was violated.

Step 1: Confirm You Have a Valid Claim

 To sue, you must prove:

• A dentist-patient relationship
• The dentist violated professional standards
• That negligence caused your injury
• You suffered damages like medical costs or pain

Common claims involve nerve injuries, misdiagnosis, failed detection of oral diseases, unnecessary procedures, or infections from poor sterilization.

Step 2: Know Georgia’s Time Limits

• 2 years from the injury
• Up to 5 years if not immediately discoverable
• 1 year if a foreign object was left in your body

Missing deadlines usually bars your claim.

Step 3: Gather Evidence

Collect treatment notes, X-rays, billing records, and communications with the dentist. These prove negligence and link it to your injury.

Step 4: Hire a Dental Malpractice Attorney

A Georgia malpractice lawyer can evaluate your case, secure expert testimony, handle filings, and negotiate with insurers. Most offer free consultations and contingency fees.

Step 5: Obtain the Required Expert Affidavit

Georgia law (O.C.G.A. § 9-11-9.1) mandates filing an expert affidavit confirming the breach of care and its role in your injury.

Step 6: File Your Lawsuit

Your dental malpractice attorney files a complaint detailing the dentist’s negligence, your damages, and attaches the expert affidavit, officially starting your case.

Step 7: Engage in Discovery

Both sides exchange evidence, documents, and expert reports. Many cases settle here if strong evidence supports your claim.

Step 8: Settle or Go to Trial

Your dental malpractice lawyer may negotiate a settlement or take the case to trial. If successful, the court awards compensation for your proven damages.

Step 9: Recover Damages

You may be entitled to compensation for medical costs, lost income, pain and suffering, future care, or rarely punitive damages.

What Evidence is Needed to Win a Dental Malpractice Lawsuit?

Winning a dental malpractice lawsuit in Georgia requires strong, carefully gathered evidence that proves three key points:

1. The dentist owed you a professional duty of care,
2. They breached that duty through negligence or error, and
3. Their actions directly caused your injury and damages.

Here’s the type of evidence that can make or break a dental malpractice case:

1. Dental Records and Treatment Notes: Your dental charts, procedure notes, and treatment plans help show exactly what care was provided and whether it fell below the accepted standard. These records are the foundation of your case.
2. X-rays, CBCT Scans, and Imaging Reports: Clear imaging can reveal mistakes like botched extractions, improper implant placement, nerve damage, or undiagnosed conditions. These serve as powerful visual proof of malpractice.
3. Expert Testimony: Georgia law typically requires expert witnesses, licensed dental professionals, who can explain how your care deviated from the professional standard and how that deviation caused your injury.
4. Referral and Specialist Records: If your dentist failed to refer you to a qualified specialist when necessary, documentation of that missed referral or specialist recommendation strengthens your claim.
5. Medical Bills and Financial Records: Proving your damages means showing the full financial impact of your injury, including treatment costs, corrective surgeries, lost wages, and future care needs.
6. Testimony on Pain, Suffering, and Impact on Life: Statements from you, your loved ones, and medical providers can help demonstrate how the malpractice has affected your daily life, physical health, and emotional well-being.
7. Evidence of Prior Complaints or Disciplinary Actions: If available, proof that the dentist has a history of malpractice claims or disciplinary actions may support your case and show a pattern of negligence.

Contact a Dental Malpractice Lawyer

Contact Us

Get free case evaluation for dental malpractice claims in Atlanta and any part of Georgia.

What Compensation Can You Recover in a Dental Malpractice Claim?

If you’ve suffered from dental malpractice, you may be entitled to various forms of compensation. The goal of a dental malpractice lawsuit is to recover damages for the harm caused by a dentist’s negligence. The type and amount of compensation you can recover depend on the specifics of your case, but here are the main categories of damages typically awarded in dental malpractice claims:

1. Medical Expenses: One of the most common forms of compensation is the cost of additional medical treatment. If you’ve been injured due to dental negligence, you may need further dental procedures or surgeries to correct the problem. Compensation can cover:

• Emergency room visits
• Corrective dental work
• Medication costs
• Future medical treatments related to the injury

These expenses can quickly add up, especially if long-term care is required to address the damage caused by the original dentist’s mistake.

2. Lost Wages: If your dental injury caused you to miss work, you can seek compensation for lost wages. This includes the income you lost while recovering from the injury or attending medical appointments. If the injury has impacted your ability to work in the future, you may also be entitled to future lost earnings.

3. Pain and Suffering: Pain and suffering refers to the physical and emotional distress caused by your injury. In dental malpractice cases, pain from nerve damage, complications from infections, or ongoing discomfort from a botched procedure can significantly affect your quality of life. Emotional trauma, such as anxiety, depression, or embarrassment, especially if the malpractice caused visible damage to your appearance, can also be included in this category.

4. Permanent Disability or Disfigurement: If the malpractice results in permanent disability, such as the loss of sensation due to nerve damage or the disfigurement of your teeth or face, you may be entitled to compensation for the long-term effects. These damages are more difficult to quantify but play a crucial role in the overall recovery.

5. Loss of Enjoyment of Life: If your dental injury prevents you from enjoying activities you once participated in, you may seek compensation for the loss of enjoyment of life. For example, if dental malpractice impacts your ability to eat, speak clearly, or engage in social activities, this can be factored into your claim.

6. Punitive Damages: In rare cases, if the dentist’s behavior was especially reckless or intentional, you may be awarded punitive damages. These are meant to punish the wrongdoer and deter similar behavior in the future. However, punitive damages are not commonly awarded in dental malpractice cases unless the negligence was extreme.

Who Can Be Sued in a Dental Malpractice Lawsuit in Georgia?

Several parties may be liable in a dental malpractice case, depending on the circumstances:

• Dentists: Liable for negligent procedures, like botched implants at Midtown clinics.
• Dental Hygienists or Assistants: Responsible for errors, like improper cleanings in Buckhead, under O.C.G.A. § 51-1-27.
• Dental Practices or Clinics: Liable for systemic issues, like inadequate training in Decatur.
• Hospitals: Responsible for dental care errors in Chamblee hospital-affiliated clinics.
• Equipment Manufacturers: Liable for defective dental tools in Marietta, triggering product liability claims.

Why Choose Wetherington Law Firm?

1. Specialized Expertise: At Wetherington Law Firm, we possess in-depth knowledge and experience in handling personal injury and wrongful death cases including dental malpractice cases. This ensures that our clients benefit from specialized legal strategies tailored to their unique situations.
2. Proven Track Record: Our firm boasts a history of successful settlements and favorable verdicts in personal injury cases. This showcases our ability to effectively advocate for our clients’ rights and secure optimal outcomes.
3. Client-Centered Approach: We prioritize providing personalized and attentive legal representation. At Wetherington Law Firm, we understand each client’s specific needs and circumstances, ensuring that you feel supported and informed throughout the legal process.
4. Comprehensive Legal Support: From the initial investigation to courtroom representation, we offer full-service legal support. Our team diligently gathers evidence, consults with expert witnesses, and prepares robust cases to help you achieve justice and fair compensation.
5. Community Commitment: Beyond our legal expertise, we are dedicated to serving and improving local communities in Atlanta. Our commitment to legal advocacy and community involvement demonstrates our dedication to making a positive impact both inside and outside the courtroom.

Contact a Dental Malpractice Lawyer

Contact Us

Get free case evaluation for dental malpractice claims in Atlanta and any part of Georgia.