Bringing a Dental Malpractice Action in California
Introduction
In the field of dentistry, where precision is the standard of care, things can sometimes go terribly wrong. What happens when a routine procedure turns into a dental nightmare, and the patient’s only recourse is the California legal system? In such cases, patients can pursue legal action through a professional negligence lawsuit—commonly referred to as dental malpractice.
Dental malpractice isn’t just legal jargon—it’s a serious allegation of professional negligence at the core of dental accountability. In California, these cases are more than simple disputes; they involve rigorous examinations of professional standards, expert testimony, and the nuanced evaluation of dental records, x-rays and other forms of evidence.
Professional Negligence
Another way to describe dental malpractice is professional negligence by a licensed dental professional. Although professional negligence shares key elements with ordinary negligence, CACI (California Civil Jury Instructions) clarifies that in dental malpractice cases, the term “dental” or “professional” is added to “negligence” to highlight the special standards involved.
When you make a dental malpractice claim in California, you must prove that the dental professional was negligent. According to CACI instruction number 500, a dentist has a duty to provide the care expected of a reasonably careful dentist licensed in California. Jurors, who usually are not dental experts, will rely on expert witnesses during the trial to understand the accepted standards of care.
Thus, a dentist is negligent if he or she fails to use the level of skill, knowledge, and care in diagnosis and treatment that a reasonably careful dentist would use in similar circumstances.
The Standard of Care
Every licensed dental professional—from dentists and dental hygienists to registered dental assistants—bears a significant responsibility when performing dental work. Their licenses represent a commitment to adhere to a standard of care that protects patients from preventable harm.
In California, dental malpractice claims hinge on a key legal standard: proving that a dental professional failed to provide the level of care that a reasonable, careful dentist would have provided under similar circumstances. This isn’t about punishing honest mistakes; it’s about maintaining the integrity of dental practice and compensating patients for preventable harm. For example, dental professionals must take proper precautions to avoid complications like root canal overfills—a potentially avoidable error that can damage surrounding tissue and nerves.
What Constitutes Negligence?
A dental malpractice claim does not allege that care was less than perfect, but rather that it fell below the standard of reasonable care. In other words, did the dental professional:
- Provide treatment that met accepted professional standards?
- Use the expected level of skill and knowledge?
- Take reasonable precautions to prevent harm?
If the answer to any of these questions is “no,” and that negligence directly caused injury, a legal case may be warranted.
Civil Court Proceedings in California
Causation: What is Meant by “Cause”?
In a dental malpractice trial, the plaintiff (injured patient) must demonstrate that their injury was caused by the dental professional’s negligence. This requires proving two types of causation:
- Actual Cause (Cause in Fact) – that the negligence actually caused the injury (the “but-for” cause).
- Proximate Cause (Legal Cause) – that the injury was a reasonably foreseeable consequence of that negligence.
Both must be shown for the plaintiff to succeed in a malpractice claim.
Actual Cause means something that produces an effect or result, also known as the “but-for” cause. The cause-in-fact requirement is satisfied if it is more likely than not that the defendant’s conduct contributed to the outcome the plaintiff seeks to attribute to the defendant. For example, if a dentist negligently drills too deep into the inferior alveolar nerve canal, injuring the inferior alveolar nerve, that conduct is the actual cause of the patient’s harm.
A person is considered responsible for the probable consequences of his or her act. However, Proximate Cause, or legal cause, does not refer to factual causation at all; instead, it addresses the appropriate scope of responsibility for injuries already caused by negligent conduct.
To illustrate with a famous example (often explained as “no duty toward unforeseeable plaintiffs”), Palsgraf v. Long Island R. Co. involved a situation in which Ms. Palsgraf was standing on a platform of the defendant’s railroad after buying a ticket. A train stopped at the station, bound for another place. Two men ran forward to catch it. One of the men reached the platform of the car without mishap, though the train was already moving. The other man, carrying a package, jumped aboard the car but seemed unsteady, as if about to fall. A guard on the car, who had held the door open, reached forward to help him in, and another guard on the platform pushed him from behind. In this act, the package—about fifteen inches long and wrapped in a newspaper—was dislodged and fell upon the rails. Unbeknownst to anyone, it contained fireworks, and when it fell, they exploded. The shock of the explosion knocked over scales many feet away at the other end of the platform, which struck the Ms. Palsgraf and caused her injuries. The court found the railroad was not liable because the harm to Ms. Palsgraf was not within the scope of foreseeable risk.
By contrast, as an example, if a dental professional fails to disinfect the dental water lines, causing a patient to contract an infection, that type of harm is entirely foreseeable from contaminated water. Thus, the chain of events clearly illustrates proximate (legal) cause.
Civil Court Proceedings in California
Understanding Malpractice Damages
Taking legal action can be daunting, and you might wonder if it’s worth it. The good news is that financial compensation in a negligence case is not plucked out of thin air. Under California law, there is a somewhat structured process for measuring the harm done by dental malpractice and compensating the victim. The amount you may be entitled to depends on two categories known as general damages and special damages.
- General Damages refer to the impact an injury has on your life beyond medical bills or expenses. This can include emotional distress, pain an suffering—those intangible, life-altering consequences that are difficult to measure in dollars.
- Special Damages are specific, measurable financial losses that result from negligence, such as medical bills, lost wages, and medication costs. If you need further dental or oral surgery due to negligent treatment, or if you lose income while recovering, those amounts typically count as special damages.
The Civil Jury Trial Process in California
Who is involved?
In a dental malpractice jury trial, you will see:
- Plaintiff – the person bringing the claim, alleging wrongful treatment and seeking damages.
- Defendant – the dentist (or dental professional) accused of malpractice, who denies the plaintiff’s claims.
- Judge – manages the legal proceedings, instructs the jury on the law, rules on admissibility of evidence, and ensures a fair trial.
- Jury – decides the facts of the case and renders a verdict.
- Attorneys – represent the parties, present evidence, and make legal arguments. Their statements are not evidence.
- Witnesses – including the plaintiff, the defendant, and expert dental professionals who may offer opinions about whether a procedure was carried out negligently and discuss the patient’s damages (such as the need for future treatment).
Basic Steps in a Civil Jury Trial
- Jury Selection
- Opening Statements
- Presentation of Evidence and Witnesses
- Closing Arguments
- Jury Instructions and Deliberation
- Verdict
The Burden of Proof: Medical Probability
One cornerstone of a dental malpractice case is the concept of “dental or medical probability.” The plaintiff must show it is more likely true than not (greater than 50%) that the defendant’s negligent actions caused his or her injury. This standard is known as the preponderance of the evidence. In contrast, criminal cases require proof “beyond a reasonable doubt,” which is a much higher burden of proof.
The Human Element
Behind every dental malpractice case is a patient who trusted a professional with their health, only to experience unexpected, potentially devastating consequences. These lawsuits aren’t just about obtaining financial compensation; they are also about accountability and preventing future harm.
A jury trial empowers ordinary citizens to see that justice is done and proper compensation is awarded. The jury’s role is to act as the “finder of fact.”
Checks and Balances
California’s approach to dental malpractice is a delicate balance—protecting patients while acknowledging the inherent complexities of dental practice. It’s a system that demands scientific rigor, legal precision, and compassion for those whose trust in a dental professional has been undermined.
For both patients and practitioners, understanding this legal landscape is crucial. It’s not about casting blame; it’s about maintaining the highest standards of professional care—one careful procedure at a time.
Start the Process Now
Have you suffered injury as a result of the negligence of a dental professional? Submit your case details on our Questionnaire page. Alternatively, contact Levy Law Firm directly at (562) 270-7810 for experienced legal guidance on a potential dental malpractice case.Lingual Nerve Injury from Dental Surgery
While the vast majority of dental treatments are carried out safely and with without a hitch, if the standard of care is violated, injury can occur. The consequences of an error during your treatment can, in the worst-case scenario, be a life-changing and permanent injury to your lingual nerve. If you believe your lingual nerve have been injured by your dentist, you need to talk to an expert legal representative who specializes in dental malpractice.
Warning Signs: Has Your Dentist Caused Lingual Nerve Damage?
Anyone having a wisdom tooth extracted will understandably be concerned about the possible discomfort and the amount of time it will take to heal. No one relishes the thought of a tooth removed; it’s a procedure you may have to endure for the sake of your oral health. But if one side of your mouth or tongue feels numb since your extraction, something might have gone seriously wrong. And if you have lost your sense of taste on one half of your tongue since your last dental appointment, but the dentist is telling you weeks or even months later that it will get better in time, you need to call an attorney urgently. You may have a lingual nerve injury caused by negligent dental treatment.
In cases of dental malpractice, the extraction of lower wisdom teeth can result in injuries to the lingual nerve. Common symptoms of this are numbness in the left or the right side of the tongue and loss of taste on the left or the right side.
The Faster the Better
California law provides legal recourse if you have sustained injury due to dental malpractice, but there are limits. If your lingual nerve has been damaged, you can’t wait around forever.
That’s because filing a claim for malpractice is like missing a train: if you arrive at the station too late, it’s going to leave without you. In a case of lingual nerve damage caused during dental surgery, there is a statute of limitations set by California Code of Civil Procedure Section 340.5 for dental malpractice actions based on negligence. That means you’ve got one year to claim, starting from the time you discover your injury. After that time, it may to be impossible to file a winning claim. If you were injured by a dental extraction due to a dentist’s wrongful conduct months ago and you are only now considering a claim, the time to act is now.
There is a legal maxim that warns “the law serves the vigilant, not those who sleep upon their rights”. In other words, the law favors those who act swiftly and in a case of dental malpractice, you had better take action or miss your chance to make a claim.
What You Must Do
In order to pursue a claim for dental malpractice resulting from lingual nerve damage by your dentist you need to get in touch with a specialist dental malpractice attorney. If you decide to contact Levy Law Firm, the simplest way to do this is by filling out the questionnaire form on our website. The more detail and documentation you can provide, the better. We don’t ask you for anything that isn’t pertinent to a successful claim, so please understand that every question is important. This will give our attorneys the necessary information required to make an initial determination.
If an attorney from our expert team believes we might be able to help you, we will get in touch and arrange an initial consultation, either via Zoom or in our offices.
At that meeting an attorney will go over all of the information you’ve provided via the questionnaire, which might include your dental records and photographs of your injury. You’ll need to share any original printed documentation with us so that it can be copied.
Putting Your Case Together
After such initial consultation, the attorney may need to consult with dental experts and will almost certainly need to request records from one or more care providers, including the dentist that injured you. Every case is different and so it might be a little while before enough evidence has been gathered for the firm to determine whether or not Levy Law Firm can represent you.
Forming a Legal Opinion
After this vitally important information gathering stage, we can meet with you again to discuss our legal opinion. Typically, we will explain what we think has happened to your lingual nerve anatomically, using a model of a jaw or some other illustration. Whenever possible, we want you to leave that meeting with a detailed understanding of your injury.
100% contingency
Working on a contingency basis means quite simply that we only get paid if your claim is successful. It’s sometimes described as “no win, no fee”. When your dental malpractice attorney works on contingency, the firm receives a percentage of your settlement or judgment if one is awarded, but you don’t have to pay a retainer or by the hour or any other legal fees.
No one can guarantee a successful outcome to your malpractice claim for lingual nerve injury, but when Levy Law Firm offers to represent you, we will work as hard as we can and you will not be charged a penny for our expertise.