Dental professionals in Ohio, like all licensed healthcare providers, have a legal duty to provide patients with care that meets the accepted standards of the dental profession. When they breach this duty through negligent actions or omissions, and the patient suffers harm as a result, the injured individual may be entitled to bring a dental malpractice lawsuit under Ohio law.
What Is Dental Malpractice in Ohio?
Definition of Dental Malpractice
Dental malpractice occurs when a dentist fails to follow the accepted standard of care for dental professionals, resulting in injury or harm to a patient. This could involve errors in diagnosis, treatment, aftercare, or health management.
Examples of dental malpractice include:
- Misdiagnosing or failing to diagnose oral cancer
- Performing unnecessary procedures
- Damaging nerves during oral surgery
- Improper use of anesthesia
- Failure to obtain informed consent
- Infection due to non-sterile instruments
- Extracting the wrong tooth or performing procedures on the wrong site
Dental Malpractice vs. Poor Results
It’s important to note that a poor result or dissatisfaction with dental work isn’t necessarily malpractice. For a claim to qualify, the patient must show that the dentist breached the professional standard of care and that this breach directly caused measurable harm.
Legal Requirements to Sue a Dentist in Ohio
The successful pursuit of legal action against a dentist in Ohio involves satisfying specific legal criteria and adhering to procedural requirements.
Legal Elements of a Dental Malpractice Claim
To prevail in a malpractice case, a plaintiff must establish the following elements:
- Duty of Care: A dentist-patient relationship existed, creating a legal duty.
- Breach of Duty: The dentist failed to meet the accepted standard of care.
- Causation: The breach of duty directly caused the injury.
- Damages: The plaintiff suffered actual harm (physical, financial, or emotional).
Certificate of Merit Requirement
Under Ohio Rule of Civil Procedure 10(D)(2), plaintiffs filing a medical or dental malpractice lawsuit must submit a Certificate of Merit. This is an affidavit signed by a qualified dental expert who affirms that there appears to be reasonable cause to file the malpractice claim.
Failing to include a certificate of merit may result in dismissal of the case unless the plaintiff can demonstrate good cause for delay and files the affidavit later with court approval.
Statute of Limitations
Ohio law imposes a strict time limit for filing dental malpractice claims:
- One Year from the date of the alleged act of malpractice or the date it was discovered (or reasonably should have been discovered), whichever comes later.
- An additional 180-day extension may be available if the plaintiff sends a notice of intent to sue to the dentist before the statute expires.
Claims filed after this period are likely to be dismissed regardless of merit, so it’s essential to act quickly.
Common Types of Dental Malpractice in Ohio
Dental Surgery Errors
Surgical errors are among the most common and serious forms of dental malpractice. Mistakes during oral surgery, such as extracting the wrong tooth, leaving surgical instruments in the gum tissue, or performing surgery on the incorrect site, can have lasting consequences for the patient.
More complex procedures like dental implants or jaw surgery carry added risks, and any deviation from standard protocols may constitute a breach of the dentist’s duty of care.
Oral Nerve Damage
Dentists must take extreme care when operating near major nerves in the mouth and jaw. The lingual nerve and inferior alveolar nerve are particularly vulnerable during procedures such as wisdom tooth extraction or root canals.
Damage to these nerves can cause numbness, chronic pain, loss of taste, or a burning sensation in the tongue, lips, or jaw. If nerve damage occurs due to negligent technique or failure to identify anatomical variations, it may serve as grounds for a malpractice lawsuit.
Anesthesia Complications
Whether local or general anesthesia is used, dentists are responsible for properly assessing a patient’s medical history, administering the correct dosage, and monitoring vital signs throughout the procedure.
Anesthesia errors, such as allergic reactions, drug overdoses, failure to monitor, or delayed emergency response, can result in unconsciousness, brain damage, or even death.
Failure to Diagnose or Treat
Failure to recognize and treat early signs of oral health issues, such as gum disease, infections, or oral cancer, can lead to avoidable suffering and worsened outcomes. Delayed or missed diagnoses, particularly of life-threatening conditions, can be grounds for a dental malpractice claim.
Mouth Infections
Dentists are expected to maintain sterile conditions during procedures. Failure to follow infection control protocols can expose patients to bacterial infections, sepsis, or the spread of communicable diseases. Improper sterilization of instruments or delayed response to post-operative infections may amount to malpractice.
Consent and Documentation Issues
Informed consent is a critical legal and ethical obligation. If a patient undergoes a dental procedure without proper documentation of informed consent, the dentist may be liable for damages. Absence of charting, records of communication, and written consent forms can support a dental malpractice case.
Who Can Be Sued in a Dental Malpractice Case in Ohio?
In Ohio, the potential defendants in a dental malpractice claim may include:
- The treating dentist
- Dental hygienists or assistants who contributed to the negligent care
- The dental practice or corporation employing the provider
- Anesthesiologists if involved in the procedure
Liability may extend to the institution if systemic issues such as poor sanitation practices, staff training deficiencies, or improper record-keeping contributed to the malpractice.
Damages Available in Dental Malpractice Cases
Compensatory Damages
These are intended to make the plaintiff whole and may include:
- Medical costs for corrective or follow-up care
- Lost wages due to time away from work
- Future medical expenses
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Punitive damages in rare cases
Damage Caps
Under Ohio Revised Code §2315.18(B)(2), non-economic damages in medical and dental malpractice cases are capped at $250,000 or three times the economic damages (up to a maximum of $350,000 per plaintiff or $500,000 per occurrence), whichever is greater.
However, exceptions apply in catastrophic injury cases, such as permanent disfigurement or loss of a limb.
Proving Dental Malpractice: Role of Expert Witnesses
Expert testimony is almost always required in Ohio dental malpractice cases. Experts are usually experienced dentists who can:
- Define the applicable standard of care
- Explain how the defendant deviated from that standard
- Connect the deviation to the injuries suffered by the plaintiff
Without this expert input, most Ohio dental malpractice cases may not survive summary judgment or make it to trial.
How to Start a Dental Malpractice Lawsuit in Ohio
Step 1: Consult a Dental Malpractice Attorney
The first and most strategic step is to speak with an experienced Ohio dental malpractice attorney. A qualified lawyer will assess whether your injury was caused by negligence, help gather initial facts, and determine the likelihood of success. They will also secure expert testimony, which helps in proving a breach of the standard of care.
Step 2: Obtain Dental Records
Your attorney will help you request complete dental records from the treating dentist or clinic. These records form the foundation of your case. They will be reviewed for documentation of procedures performed, treatment plans, diagnostic images, notes, and any consent forms.
Step 3: Secure a Certificate of Merit
Ohio law requires a Certificate of Merit to file a dental malpractice lawsuit. This is an affidavit from a qualified dental expert stating that the care you received likely fell below the accepted standard. Without this certificate, your claim may be dismissed.
Step 4: File the Complaint in Court
Once the certificate and other necessary documentation are ready, your attorney will file the complaint in the proper Ohio court. This formally begins the lawsuit.
Step 5: Engage in Discovery
Discovery is the process by which both sides gather and exchange evidence. This includes depositions, interrogatories, expert reports, and access to further documentation. It’s a vital phase in building the case.
Step 6: Negotiate or Litigate
Many dental malpractice cases settle out of court. However, if negotiations fail, the case proceeds to trial, where a jury determines liability and any damages owed to the plaintiff. You should choose an Ohio dental malpractice lawyer with trial experience.
5-Star Client Commitment: Choose Our Ohio Dental Malpractice Attorneys
At The Henry Law Firm, we get to work for our clients from the moment you hire us to the day your file closes and even beyond. Unlike some other firms that may leave you wondering about case status or delay returning calls, we prioritize open communication.
You will have your attorney’s personal cell phone number for 24/7 access, along with regular follow-ups from our team. Whether it’s answering questions, easing concerns, or keeping you updated on developments, our client-first approach ensures that you’re never left in the dark.
As seasoned trial attorneys, we build every case for the courtroom, developing compelling evidence, consulting top-tier experts, and preparing persuasive legal strategies. While most cases settle before trial, our proactive trial preparation may result in stronger outcomes during negotiations.
We have secured multimillion-dollar verdicts, life-changing settlements, and favorable resolutions in cases that others refused to take. If you believe you have been a victim of dental malpractice, reach out to our Ohio dental malpractice lawyers today and let us help you seek justice and financial recovery. To schedule your free consultation, call us at 440-291-0937 or contact us online.
