5 Most Common Dental Malpractice Cases in Atlanta (And What They’re Worth)

When you visit a dentist, you trust them to provide competent, safe care. Unfortunately, dental errors happen more often than most people realize, and when they do, the consequences can be devastating—affecting your health, appearance, and quality of life for years to come.

If you’ve suffered harm due to substandard dental care in Atlanta, understanding the most common types of dental malpractice cases and their potential value can help you make informed decisions about pursuing compensation. This guide examines the five dental malpractice cases we see most frequently in Georgia and what injured patients can typically expect in settlement or verdict amounts.

What Qualifies as Dental Malpractice in Georgia?

Dental malpractice occurs when a dentist, oral surgeon, or other dental professional fails to provide the standard of care that a reasonably competent dentist would provide under similar circumstances, resulting in harm to the patient. Under Georgia law (O.C.G.A. § 9-3-70 through § 9-3-73), dental malpractice claims fall under professional malpractice statutes and require specific evidence to prove negligence.

To establish a valid dental malpractice claim in Georgia, you must demonstrate:

1. A dentist-patient relationship existed
2. The dentist breached the applicable standard of care
3. The breach directly caused your injury
4. You suffered actual damages as a result

Now let’s examine the five most common dental malpractice cases we handle for Atlanta clients and their typical settlement ranges.

1. Nerve Damage During Dental Procedures

What Happens: Nerve damage is one of the most serious and common forms of dental malpractice. It typically occurs during procedures involving the inferior alveolar nerve, lingual nerve, or other nerves in the mouth and jaw. Common procedures that can result in nerve damage include:

• Wisdom tooth extraction
• Dental implant placement
• Root canal therapy
• Routine tooth extractions
• Jaw surgery

Symptoms You Might Experience:

• Numbness or tingling in the tongue, lips, chin, or gums
• Loss of taste sensation
• Difficulty speaking clearly
• Drooling or inability to control saliva
• Pain or burning sensations (neuropathic pain)
• Difficulty eating or drinking

Why It Constitutes Malpractice: While some risk exists in any dental procedure, nerve damage often results from:

• Failure to review imaging studies properly before surgery
• Drilling too deeply during implant placement
• Using excessive force during tooth extraction
• Failing to recognize anatomical variations
• Inadequate surgical technique or planning

What These Cases Could Be Worth: $75,000 to $500,000+

The value depends heavily on whether the nerve damage is temporary or permanent. Temporary nerve injuries (paresthesia) that resolve within 6-12 months could potentially be worth $75,000-$150,000. Permanent nerve damage cases, especially those affecting speech, eating, or causing chronic pain, could exceed $500,000. Cases involving bilateral nerve damage or multiple nerves may result in verdicts exceeding $1 million.

2. Anesthesia Errors and Adverse Reactions

What Happens: Anesthesia complications during dental procedures can range from minor reactions to life-threatening emergencies. These errors involve both local anesthetics (like lidocaine or novocaine) and sedation dentistry using IV sedation or general anesthesia.

Common Anesthesia Mistakes:

• Administering too much anesthesia
• Failing to review patient’s medical history for contraindications
• Not monitoring vital signs during sedation
• Improper intubation technique
• Failure to have emergency equipment readily available
• Inadequate training in sedation protocols
• Mixing incompatible medications

Serious Consequences Can Include:

• Allergic reactions (anaphylaxis)
• Heart attack or cardiac arrest
• Stroke
• Brain damage due to oxygen deprivation
• Permanent disability
• Wrongful death

Why It’s Malpractice: Dentists who provide sedation must follow strict protocols established by the Georgia Board of Dentistry. They must have appropriate training, monitoring equipment, and emergency protocols in place. Failure to properly screen patients, monitor their condition during sedation, or respond appropriately to complications constitutes a breach of the standard of care.

What These Cases Could Be Worth: $100,000 to $2,000,000+

Minor anesthesia reactions that cause temporary distress could potentially be worth $100,000-$250,000. Cases involving cardiac events, strokes, or brain injury due to anesthesia errors could reach $1-2 million or more. Wrongful death cases resulting from anesthesia complications may settle or result in verdicts between $1.5-3 million, depending on the victim’s age and circumstances.

3. Wrong Tooth Extraction

What Happens: This shocking error occurs when a dentist extracts a healthy tooth instead of the problematic tooth that actually needed removal. It’s a preventable mistake that demonstrates a clear breach of the standard of care.

How This Happens:

• Misreading dental charts or X-rays
• Poor communication between dental staff
• Failure to verify the correct tooth before extraction
• Working too quickly without proper verification
• Inadequate patient identification procedures

Impact on Patients:

• Loss of a healthy, functional tooth
• Need for dental implants or bridges ($3,000-$6,000 per tooth)
• Continued pain from the tooth that still needs extraction
• Psychological trauma and loss of trust in dental care
• Difficulty eating and speaking
• Aesthetic concerns, especially for front teeth
• Bone loss in the extraction site over time

Why It’s Malpractice: There is no legitimate excuse for removing the wrong tooth. Standard protocols require dentists to verify the correct tooth multiple times before proceeding with extraction. This type of error represents a fundamental failure in basic patient safety procedures.

What These Cases Could Be Worth: $25,000 to $150,000

Cases involving back teeth (molars) could potentially be worth $25,000-$60,000, accounting for the cost of replacement and pain and suffering. Wrong tooth extraction cases involving front teeth (incisors or canines), which affect appearance and speech, could be valued at $75,000-$150,000. Cases involving multiple wrong extractions or resulting complications may exceed these ranges significantly.

4. Dental Implant Failures

What Happens: Dental implants are titanium posts surgically placed in the jawbone to support artificial teeth. When performed correctly, they have a success rate above 95%. However, when dentists lack proper training, use poor technique, or fail to plan appropriately, implant failures occur.

Common Implant Complications Due to Malpractice:

• Implant placed at wrong angle or depth
• Damage to adjacent teeth or sinuses
• Infections due to non-sterile technique
• Nerve damage during placement
• Failure to assess bone density adequately
• Sinus perforation in upper jaw implants
• Improper selection of implant size or type
• Inadequate post-operative care instructions

Signs Your Implant Failure May Be Malpractice:

• Persistent pain beyond normal healing time (2-4 weeks)
• Implant feels loose or mobile
• Chronic infection or pus drainage
• Numbness that doesn’t resolve
• Implant falls out shortly after placement
• Damage to neighboring teeth
• Sinus problems after upper implant placement

Why It Constitutes Malpractice: Dentists must have specialized training in implant dentistry and should conduct thorough pre-operative planning, including 3D imaging (CBCT scans) to assess bone quality and avoid nerve damage. Rushing the procedure, inadequate planning, or attempting implants without proper training breaches the standard of care.

What These Cases Could Be Worth: $50,000 to $300,000

The value depends on whether the implant can be replaced successfully, the extent of additional injuries (such as nerve damage), and whether multiple implants failed. Simple cases where an implant fails but can be replaced could potentially be worth $50,000-$100,000. Cases involving nerve damage, multiple failed implants, or sinus complications could reach $150,000-$300,000. Catastrophic cases with permanent complications may exceed these amounts significantly.

5. Infection Cases Due to Negligence

What Happens: Post-procedure infections are a common complication in dental malpractice cases. While some infection risk exists with any surgical procedure, many infections result from dentist negligence rather than unavoidable complications.

Negligent Practices That Lead to Infections:

• Failure to maintain sterile instruments and environment
• Reusing single-use equipment
• Inadequate handwashing or glove changes
• Working on patients while sick
• Failure to prescribe prophylactic antibiotics when indicated
• Ignoring signs of existing infection before proceeding with treatment
• Poor post-operative wound care
• Failure to provide proper aftercare instructions

Serious Infections That Can Result:

• Dry socket (alveolar osteitis)
• Periodontal abscesses
• Osteomyelitis (bone infection)
• Ludwig’s angina (potentially life-threatening neck infection)
• Bacterial endocarditis (heart infection)
• Sepsis (life-threatening bloodstream infection)

Long-term Consequences:

• Need for hospitalization and IV antibiotics
• Additional surgeries to remove infected tissue
• Permanent bone loss in jaw
• Tooth loss
• Disfigurement
• Chronic pain
• In severe cases, death

Why It’s Malpractice: Dentists have a duty to follow infection control protocols established by the CDC and the Georgia Board of Dentistry. They must maintain a sterile environment, use proper technique, and recognize when patients are at high risk for infection. Failure to meet these standards, especially when it results in serious infection, constitutes clear negligence.

What These Cases Could Be Worth: $40,000 to $250,000+

Minor infections requiring additional treatment and antibiotics could potentially be worth $40,000-$75,000. Serious infections requiring hospitalization, IV antibiotics, or additional surgery could be valued at $100,000-$250,000. Cases involving osteomyelitis, permanent bone loss, or life-threatening complications like sepsis may exceed $250,000, particularly if they result in permanent disfigurement or disability.

Understanding the Timeline for Dental Malpractice Claims in Georgia

Georgia law imposes strict deadlines for filing dental malpractice claims. Under O.C.G.A. § 9-3-71, you generally have two years from the date you discover (or reasonably should have discovered) the injury to file a lawsuit. However, there’s also a five-year statute of repose, meaning you cannot file a claim more than five years after the date of the negligent act, regardless of when you discovered the injury.

Key Timeline Considerations:

• Discovery Rule: The clock starts when you knew or should have known about the injury and its connection to dental treatment
• Immediate Action Required: Evidence deteriorates quickly; dental records can be “lost” or altered
• Expert Affidavit Requirement: Georgia requires an expert affidavit from a qualified dental professional to accompany your lawsuit (O.C.G.A. § 9-11-9.1)
• Pre-Suit Notice: You must provide 45 days’ written notice to the dentist before filing suit

Missing these deadlines can permanently bar your claim, regardless of how strong your case may be.

Factors That Affect Your Case Value

Economic Damages

• Medical Expenses: Past and future costs for corrective treatment, including specialists, surgeries, medications, and ongoing care
• Dental Treatment Costs: Implants, crowns, bridges, dentures, or other restorative procedures ($5,000-$50,000+)
• Lost Wages: Time missed from work during recovery and ongoing treatment
• Reduced Earning Capacity: If injuries prevent you from working in your profession

Non-Economic Damages

• Pain and Suffering: Physical pain, emotional distress, and reduced quality of life
• Permanent Disfigurement: Scarring, changes in facial appearance, or loss of teeth visible when smiling
• Loss of Enjoyment of Life: Inability to eat favorite foods, speak clearly, or engage in normal activities
• Psychological Impact: Anxiety, depression, dental phobia, or PTSD related to the incident

Factors That Increase Case Value

• Permanent injuries versus temporary conditions
• Clear evidence of gross negligence or recklessness
• Multiple complications from the same procedure
• Impact on employment or career
• Young age of victim (more years of suffering ahead)
• Defendant’s disciplinary history with the Georgia Board of Dentistry

Factors That May Decrease Value

• Pre-existing dental conditions
• Failure to follow post-operative instructions
• Delay in seeking corrective treatment
• Weak or inconsistent medical documentation
• Shared fault by the patient

Proving Your Dental Malpractice Case: What You’ll Need

Winning a dental malpractice case in Georgia requires solid evidence and expert testimony. Here’s what strengthens your claim:

Essential Documentation:

1. Complete Dental Records: All X-rays, charts, treatment plans, and notes from the defendant dentist
2. Medical Records: Documentation of injuries, treatments, and complications
3. Photographic Evidence: Pictures of visible injuries, infections, or complications
4. Financial Records: Bills, receipts, and documentation of all related expenses
5. Expert Opinions: Written evaluations from qualified dental experts explaining how the standard of care was breached

The Role of Expert Witnesses:
Georgia law requires testimony from a qualified expert—typically a dentist with similar training and experience—who can explain:

• What the standard of care required in your situation
• How the defendant dentist’s actions fell below that standard
• How the breach of the standard of care directly caused your injuries

Finding the right expert witness is often the difference between winning and losing a dental malpractice case.

Why Many Dental Malpractice Victims Don’t Get Fair Compensation

Dental malpractice cases are complex, and insurance companies know most victims don’t understand their true case value. They frequently make lowball settlement offers, hoping injured patients will accept far less than their claims are worth.

Common Insurance Company Tactics:

• Quick, Low Offers: Offering settlements before you understand the full extent of your injuries
• Downplaying Permanent Injuries: Suggesting your condition will improve when medical evidence shows otherwise
• Blaming the Patient: Claiming you failed to follow post-operative instructions
• Attacking Expert Opinions: Hiring defense experts to contradict your dental experts
• Delay Tactics: Dragging out the case hoping you’ll accept less due to financial pressure

Red Flags You’re Not Getting Fair Value:

• Settlement offers that only cover past medical bills
• Pressure to settle before completing treatment
• No consideration for future medical needs
• Minimal compensation for pain and suffering
• Insurance adjuster discouraging you from hiring an attorney

Frequently Asked Questions About Dental Malpractice Cases

How do I know if I have a dental malpractice case?

If you suffered injury or complications that wouldn’t have occurred with proper dental care, you may have a case. Warning signs include unexpected pain, numbness, infections, or complications that persist beyond normal healing time. The key question is whether a competent dentist would have avoided the problem with proper care.

Can I sue my dentist if I signed a consent form?

Yes. Consent forms do not waive your right to sue for malpractice. They acknowledge that you understand the risks of the procedure, but they don’t protect dentists from liability when they provide substandard care or make preventable errors.

What if my dentist says the complication was unavoidable?

Some complications are indeed unavoidable even with excellent care. However, many dentists claim complications were unavoidable when they actually resulted from negligence. An independent expert evaluation can determine whether the complication truly was unavoidable or resulted from a breach of the standard of care.

How long does a dental malpractice case take?

Most dental malpractice cases settle within 12-24 months. Cases that go to trial can take 2-3 years. The timeline depends on the complexity of your injuries, the quality of evidence, the defendant’s willingness to negotiate, and court scheduling.

Will I have to go to court?

Most dental malpractice cases settle before trial. However, you should be prepared for the possibility of trial. Having an attorney experienced in dental malpractice litigation ensures you’re ready to go to court if necessary to obtain fair compensation.

What if I can’t afford to pay an attorney upfront?

Reputable dental malpractice attorneys work on a contingency fee basis, meaning you pay nothing upfront and the attorney only gets paid if you win your case. The fee is typically a percentage of your settlement or verdict (usually 33-40%).

Can I get compensation if the dentist fixed their mistake?

Yes. Even if the dentist corrected their error, you can still pursue compensation for the initial injury, pain and suffering during the correction process, additional costs, and any permanent damage that resulted.

Steps to Take If You Suspect Dental Malpractice

If you believe you’ve been a victim of dental malpractice in Atlanta, taking the right steps immediately can strengthen your case:

1. Seek Medical Attention: Get evaluated by another dentist or medical professional immediately. Document all injuries and complications thoroughly.

2. Request Your Complete Dental Records: You have a legal right to copies of all your dental records, including X-rays, charts, and treatment notes. Request these in writing from the dentist’s office.

3. Document Everything: Keep detailed records of symptoms, pain levels, medications, appointments, expenses, and how your injury affects daily life. Take photographs of visible injuries.

4. Preserve Evidence: Keep all medications, medical devices, or other physical evidence related to your care. Don’t dispose of anything.

5. Avoid Discussing Your Case: Don’t post about your situation on social media. Don’t discuss specifics with the dentist’s office beyond requesting records. Defense attorneys will use your own words against you.

6. Don’t Accept Quick Settlement Offers: Insurance companies often make fast, low offers hoping you’ll accept before understanding your case’s full value.

7. Consult an Experienced Dental Malpractice Attorney: Most offer free consultations and can quickly evaluate whether you have a viable case.

The Importance of Choosing the Right Attorney for Your Case

Not all personal injury attorneys handle dental malpractice cases. These claims require:

• Medical and dental knowledge to understand complex procedures and complications
• Access to credible expert witnesses who can testify about standard of care breaches
• Experience with Georgia’s unique medical malpractice laws, including expert affidavit requirements
• Trial skills to take your case to a jury if settlement negotiations fail
• Resources to front the significant costs of investigating and litigating complex medical cases

Choosing an attorney with proven experience in dental malpractice cases dramatically increases your chances of obtaining fair compensation.

Legal Disclaimer

This article is provided for informational purposes only and does not constitute legal advice. Every dental malpractice case is unique, and the value of your specific claim depends on many factors including the severity of your injuries, the strength of your evidence, and the specific circumstances of your case.

The settlement ranges provided are general estimates based on typical cases and should not be interpreted as a guarantee of what your case may be worth. Actual settlement amounts vary significantly based on individual circumstances.

If you believe you may have been injured due to dental malpractice, consult with a qualified dental malpractice attorney who can evaluate your specific situation and provide personalized legal guidance.

Why Choose McGahren Law Firm for Your Dental Malpractice Case

When you’re facing the consequences of dental malpractice, you need more than just a personal injury attorney—you need a trial-ready legal team that understands the complexities of dental negligence cases and has the track record to prove it.

McGahren Law Firm stands out as an exceptional choice for dental malpractice victims in Atlanta and throughout Georgia. With more than 30 years of trial experience and over $60 million recovered for injured clients, McGahren Law delivers proven results backed by deep legal knowledge and courtroom skill.

Trial-Ready Representation That Gets Results

Unlike settlement mills that prioritize quick turnarounds over maximum compensation, our attorneys prepare each case as if it will go to trial, not just for a quick settlement offer. This strategic approach is exactly what insurance companies fear—and what gets results for injured clients.

Founder Matthew McGahren personally litigates cases and loves jury trials. In fact, McGahren Law Firm is a verified Best of the Bar member for winning one of the Top 100 verdicts in Georgia in 2024. The firm’s commitment to trial advocacy is further demonstrated by Matthew McGahren’s role as a mock trial coach, where he has taught trial skills to high school students for years.

Personal Attention to Your Dental Malpractice Case

What truly sets McGahren Law apart is their boutique approach that ensures personal attention. We limit our caseload so every client receives focused attention from our trial-ready legal team, leading to 5-Star client reviews across the board.

Dental malpractice cases require specific expertise. Our attorneys understand dental procedures, can identify breaches in the standard of care, and work with top dental experts who can testify convincingly about how your dentist’s negligence caused your injuries.

Award-Winning Legal Excellence

McGahren Law has been awarded Best of Gwinnett in the category of “Best Personal Injury Firms in Gwinnett” for many years, including three legal service categories in 2025. The firm has also been selected for Super Lawyers from 2022-2026, recognition that comes from peer nominations and independent research.

McGahren Law has built their reputation not through flashy advertising, but through results and client satisfaction.

Comprehensive Legal Support Throughout Georgia

Since 1993, McGahren Law has stood beside injury victims throughout Georgia, Florida, North Carolina, and Arizona as a trusted personal injury law firm committed to justice and accountability. Our injury trial lawyers represent people harmed in all types of dental malpractice cases, including nerve damage, anesthesia errors, wrong tooth extractions, implant failures, and infection cases.

Your Dental Malpractice Case Deserves Maximum Compensation

If you’ve suffered from dental malpractice in Atlanta or anywhere in Georgia, don’t settle for less than you deserve. Insurance companies count on victims accepting inadequate settlements, but McGahren Law fights to ensure you receive full compensation for:

• All past and future medical and dental treatment costs
• Pain and suffering from your injuries
• Lost wages and reduced earning capacity
• Permanent disfigurement or disability
• Reduced quality of life
• Emotional distress and trauma

Free Consultation for Dental Malpractice Victims

If you’re seeking an attorney who can confidently answer “yes” to all the critical questions—trial experience, courtroom victories, personal attention from senior attorneys, and direct access to your legal team—contact McGahren Law Firm at 770-729-1795 for a free consultation.

Don’t let the statute of limitations run out on your dental malpractice claim. Call today to discuss your case with an experienced trial attorney who will fight for the compensation you deserve.

McGahren Law Firm
Serving Atlanta, Roswell, Alpharetta, Lawrenceville, and all of Georgia
Phone: 770-729-1795
Free Case Evaluations | Contingency Fee Basis | No Upfront Costs