East Los Angeles Dental Malpractice Lawyer

Dental malpractice lawyers with over 35 years of plaintiff-side litigation experience.

If a dentist’s negligence left you with nerve damage, a botched implant, or an untreated infection, having an experienced attorney on your side is crucial. Dental malpractice cases require attorneys who can work with qualified professionals to prove that the treatment fell below the accepted standard of care. The attorneys at Cohen Injury Law Group serve as an East Los Angeles, CA dental malpractice lawyer and bring over 35 years of injury litigation to these claims. Contact us to review your case.

Dental Malpractice Lawyer East Los Angeles, CA

A dental malpractice lawyer represents patients who have been harmed by substandard dental treatment. These cases are a subset of medical malpractice, and they carry the same evidentiary requirements. You have to show that the dentist owed you a duty of care, that their treatment deviated from what a reasonably competent dentist would have done under similar circumstances, and that the deviation caused your injury.

That standard of care question is what separates a malpractice case from a bad outcome. A dental malpractice attorney in East Los Angeles works with dental professionals who can review the records, identify the deviation, and explain it clearly to a jury if the case goes to trial.

Types of Dental Malpractice Cases We Handle in East Los Angeles

Dental negligence takes many forms. Some errors are immediately obvious. Others do not surface until weeks or months after the procedure, by which time the damage has compounded. We handle dental malpractice cases throughout East Los Angeles involving the following.

• Extraction errors. Pulling the wrong tooth is more common than it should be. So is damaging the inferior alveolar nerve during an extraction, which can leave the patient with permanent numbness, tingling, or loss of sensation in the lip, chin, or tongue.
• Root canal negligence. Perforating the root, leaving infected tissue behind, or failing to properly seal the canal can cause persistent infection, abscess formation, and tooth loss.
• Failed dental implants. Implant failure caused by improper placement, inadequate bone assessment, or infection that the dentist should have anticipated results in additional surgical procedures and prolonged recovery.
• Misdiagnosis of oral conditions. Late-stage diagnosis of a condition that was detectable months earlier is one of the most consequential forms of dental negligence.
• Anesthesia complications. Administering too much sedation, failing to monitor the patient properly, or ignoring a patient’s medical history can lead to respiratory failure, oxygen deprivation, and brain injuries that are permanent. When anesthesia errors are fatal, the family may pursue a wrongful death claim.
• Jaw and TMJ injuries. Excessive force during an extraction, improper use of dental instruments, and poorly planned surgical procedures can cause fractures, dislocations, and chronic temporomandibular joint dysfunction.

Why Choose Cohen Injury Law Group as My Dental Malpractice Lawyer in East Los Angeles, CA?

Holding Medical Professionals Accountable

Dental malpractice cases hinge on whether the treating dentist deviated from the accepted standard of care, and proving that deviation requires testimony from qualified dental professionals. Wayne R. Cohen has built relationships with these professionals over more than 35 years of personal injury practice. Wayne graduated from the University of Michigan and Miami Law School cum laude, and he currently teaches at GW Law School. His commentary has appeared in the LA Times, CNBC, Fortune, and the ABA Journal.

Nicholas E. Cohen, Managing Partner and graduate of USC and Loyola Law School, manages the firm’s litigation operations.

Wayne Cohen has recovered millions of dollars for injured clients. As your personal injury lawyer in East Los Angeles, CA, Cohen Injury Law Group handles dental malpractice claims on contingency. You pay no attorney fees unless we recover compensation for you.

What Is Important to Understand About a Dental Malpractice Case?

Damages, Liability, and Compensation for Dental Malpractice Cases

The damages in a dental malpractice case compensate the patient for everything the dentist’s negligence cost them, both financially and personally.

Economic damages include corrective dental procedures, additional surgeries, medications, follow-up care, and any other treatment needed to address the harm the original dentist caused. Lost wages from time missed during recovery and reduced earning capacity are also recoverable. Non-economic damages cover pain and suffering, emotional distress, disfigurement, difficulty eating or speaking, and the loss of enjoyment of daily life.

California caps non-economic damages in medical malpractice cases, including dental malpractice, under a law known as MICRA. The cap has been increasing annually since 2023 and is set by Civil Code Section 3333.2. Understanding how that cap applies to your case is something your attorney should address early.

Liability requires proving the dentist breached the standard of care. California’s negligence framework under Civil Code Section 1714 applies, and comparative fault can reduce the recovery if the patient is found to share any responsibility.

What Are Important Aspects of a Dental Malpractice Case?

These cases carry requirements that standard personal injury claims do not. Missing any of them can end the case before it begins.

• Professional testimony. You cannot prove dental malpractice without testimony from a qualified dental professional who can explain what the standard of care required and how the treating dentist fell short. This is not optional. California law requires it.
• Standard of care. Not every complication is malpractice. The question is whether a reasonably competent dentist in the same specialty, facing the same situation, would have done what your dentist did.
• Statute of limitations. The deadline for filing a dental malpractice lawsuit in California is set by Code of Civil Procedure Section 340.5. You generally have three years from the date of the injury or one year from the date you discovered it, whichever comes first.
• Insurance and defense. Dentists carry professional liability insurance, and their insurers hire defense attorneys who specialize in malpractice defense. These cases are defended aggressively from the start, and the patient’s legal team needs to match that intensity.

What Is the Dental Malpractice Case Timeline?

Dental malpractice cases take longer than most personal injury claims because of the professional testimony requirement, the pre-suit notice period, and the complexity of the medical evidence.

• Records review. Your attorney obtains your complete dental records and sends them to a qualified dental professional for review. That professional determines whether the treatment deviated from the standard of care and whether the deviation caused your injury.
• Pre-suit notice. A 90-day notice of intent is sent to the dentist before the lawsuit is filed. This period sometimes opens the door to early settlement discussions, though many cases proceed to litigation.
• Filing. The complaint is filed after the notice period expires.
• Discovery. Both sides exchange records, take depositions of the treating dentist and the reviewing professionals, and build their respective cases. This is typically the longest phase.
• Trial. If the case does not settle, it goes to a jury. Dental malpractice trials in Los Angeles County can take 18 months to two years or more from the date of filing.

What Should You Bring to Your Dental Malpractice Consultation?

Collect as much of the following as you can before the meeting:

• Your complete dental records from the provider whose care you are questioning
• X-rays, scans, and imaging taken before and after the procedure
• Records from any corrective treatment performed by a different dentist
• A written timeline of symptoms, complications, and follow-up visits

Many dental malpractice victims do not realize they have a claim until months after the procedure. If something feels wrong, bring what you have.

What Are Important California Legal Resources for Dental Malpractice Cases?

California imposes specific rules on medical and dental malpractice claims. These resources are a starting point for understanding the framework.

• The statute of limitations for dental malpractice is governed by Code of Civil Procedure Section 340.5, which generally provides three years from injury or one year from discovery, whichever is earlier.
• California’s negligence standard under Civil Code Section 1714 applies to dentists and establishes the duty of care owed to patients.
• The MICRA damages cap under Civil Code Section 3333.2 limits non-economic damages in medical malpractice cases.
• California’s general measure of damages allows recovery for all detriment proximately caused by the dentist’s wrongful conduct.
• The California Courts website offers self-help resources for civil cases, including malpractice claims filed in Los Angeles County Superior Court.

For guidance specific to your East LA dental malpractice case, speaking with an attorney who handles these claims is the most direct way to understand whether your case has merit.

Reach Out to Cohen Injury Law Group to Schedule a Consultation

Dental professionals owe their patients a duty of care, and when they fall short of that standard, the consequences can be permanent. If negligent dental treatment caused you harm in East Los Angeles, CA, Cohen Injury Law Group will pursue your claim on contingency with no fees unless we recover. Contact us today to get started.