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 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 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.

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.

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

Why You Need a Dental Malpractice Lawyer

Dental procedures are supposed to improve your oral health, not leave you in pain or facing costly corrective treatments. Unfortunately, when a dentist, oral surgeon, or other dental professional fails to follow the accepted standard of care, the results can be life-changing ranging from nerve damage and infections to tooth loss and disfigurement. If you’ve been injured by negligent dental care, having an experienced dental malpractice lawyer on your side is critical.

A skilled dental malpractice attorney understands both the medical complexities of dental procedures and the legal requirements for proving negligence. They can investigate your case, gather expert testimony, and navigate the strict filing deadlines for malpractice claims. More importantly, they can help you recover the compensation you deserve for medical expenses, corrective treatments, lost wages, and pain and suffering. 

Insurance companies and dental offices often fight these claims aggressively your lawyer will protect your rights, build a strong case, and work to hold negligent providers accountable so you can focus on healing.

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

A dental visit should never leave you with lasting pain, nerve damage, or disfigurement,  yet many in Georgia suffer silently because they don’t know their rights. If a dentist’s negligence has changed your smile, your health, or your confidence, you deserve answers and justice. Let our experienced dental malpractice attorneys fight to hold them accountable and help you reclaim your life.

Contact a Dental Malpractice Lawyer

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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. When dental care turns into a nightmare, the physical pain is only part of the struggle; the emotional toll and financial burden can be overwhelming. If you’ve been harmed by a dentist’s mistake in Georgia, we’re here to listen, believe your story, and fight relentlessly for the compensation you deserve.

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

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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.

How much is my dental malpractice case worth in Georgia?

The value of a dental malpractice case in Georgia depends on several factors, but there is no fixed amount it’s calculated based on the specific damages you suffered and how strong the evidence is. In Georgia, dental malpractice claims can involve economic damages (your measurable financial losses) and non-economic damages (your pain and suffering).

Here’s what typically determines the worth:

1. Economic Damages (Measurable Financial Losses)

These are costs you can prove with bills, receipts, and records, such as:

• Past medical expenses – emergency treatment, corrective dental surgeries, hospital visits.
• Future medical care – ongoing dental work, therapy, or reconstructive surgery.
• Lost income – if you missed work due to recovery or ongoing treatment.
• Loss of earning capacity – if the injury permanently limits your ability to work.

2. Non-Economic Damages (Quality of Life Impact)

These are harder to measure but often make up a large portion of the claim:

• Pain and suffering (including chronic pain from nerve damage).
• Emotional distress (anxiety, depression caused by injury).
• Disfigurement or scarring.
• Loss of enjoyment of life (e.g., inability to eat normally, speak clearly, or smile).

3. Aggravating Factors That Can Increase Value

• Severity of injury – Permanent nerve damage, facial disfigurement, or bone loss can raise the case value.
• Clear negligence – Strong evidence of the dentist’s fault (e.g., wrong tooth extraction, anesthesia errors).
• Impact on your career – Higher damages if your profession requires public speaking, appearance, or fine motor control of the mouth.
• Need for lifelong treatment – Such as prosthetics, implants, or jaw reconstruction.

4. Georgia Law Considerations

• No cap on economic or non-economic damages in most medical malpractice cases, including dental malpractice (Georgia’s prior damage caps were struck down in 2010).
• Punitive damages – Rare, but possible if the dentist’s conduct was grossly negligent or intentional (capped at $250,000 in most cases).
• Comparative negligence rule – If you’re found partly at fault, your compensation can be reduced by your percentage of fault (O.C.G.A. § 51‑12‑33).

What is the statute of limitations for dental malpractice in Georgia?

In Georgia, the statute of limitations for dental malpractice is two years from the date of the injury or when it was discovered. 

There’s also a five‑year statute of repose, meaning no case can be filed more than five years after the malpractice, regardless of discovery. Exceptions include:

• Foreign objects: 1 year from discovery.
• Minors: Time starts at age 18.
• Fraud/concealment: May extend deadlines.

Why Choose Wetherington Law Firm as Your Dental Malpractice Attorney?

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.

No one prepares you for the shock of realizing your dental pain isn’t normal; it’s the result of negligence. If your smile, speech, or ability to eat has been taken from you, you don’t have to face this alone. Our Georgia dental malpractice team is ready to fight for justice and help you rebuild what you’ve lost.

Contact a Dental Malpractice Lawyer

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