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When Your Toothache Leads To A Malpractice Lawsuit


Is there anything more painful than a toothache? Many would argue that dental issues are the most horrendous of all health problems. Fortunately, a competent dentist can easily address most dental tribulations. But what happens if your visit to the dentist results in even more pain? In some instances, malpractice may be involved. Your local personal injury attorney can help you determine if your dentist has crossed the line.

Malpractice Claims

Roughly one in twenty medical malpractice cases that make it to a courtroom are related to dentistry throughout the country. The Bureau of Justice cites the average judgment in these cases at over $50,000. What issues might lead to such a lawsuit?  Several issues tend to factor in:

  • When patients don’t get the information necessary to make wise decisions. Sometimes they are unaware of possible complications or risks, and are gut-punched with negative outcomes;
  • When procedures fail to correct the problem, patients may feel the dentist’s ineptitude led to greater problems and more money in their coffers;
  • Dubious advice may cause patients to stick with their regular dentist rather than see a specialist, or may lead them to make poor decisions about their health;
  • When dentists purposely engage in unethical behaviors or perform unnecessary procedures unknowing patients may experience unnecessary pain and trauma;
  • When the tools or products dentists use fail, patients may suffer;
  • If a dental procedure results in damage to the alveolar nerve or the lingual nerve, patients may suffer long-term consequences;
  • If a serious condition goes undiagnosed or misdiagnosed, patients may undergo unnecessary procedures, or may put off necessary dental work until problems are much more serious.

Florida’s Case of a“Sadistic and Systematic Scheme” of Dental impropriety

A 2018 class action lawsuit accuses one Jacksonville pediatric dentist of causing patients horrendous pain, both physically and emotionally. Sixty targets of the dentist’s cruel practices have joined the suit to date, with up to 1,000 victims in line to sign up. The suit alleges a number of troubling claims against the dentist, all put forth by former employees, patients who are now adults, and parents of young children:

  • He singled out low-income, non-English speaking families who were more vulnerable to his scheme;
  • He had a deep-seated desire to torture, humiliate, and mutilate children;
  • He was a “pathological sadist,” who experienced sexual gratification by inflicting harm on defenseless children;
  • Rather than utilizing appropriate anesthetics, he choked children to unconsciousness;
  • He committed Medicaid fraud by performing unnecessary procedures.

Legal Recourse

If you or a family member has suffered at the hands of a negligent, reckless, or unethical dentist, you needn’t feel powerless. At the Law Office of Robert W. Elton, our experienced team will pursue a just outcome on your behalf, whether it means collecting damages for pain and suffering, for follow-up corrective procedures, for time missed from work, or for other issues related to your dental experience. Contact us in Daytona & Ormond Beach for a confidential consultation right away.