Dental Malpractice


With over thirty years combined experience representing dentists, periodontists, oral surgeons, and dental office employees, the attorneys of Shendell & Pollock P.L. are well-equipped to address the broad range of needs facing those in the dental profession. Shendell & Pollock P.L. provides legal services ranging from the representation of dental professionals in civil malpractice claims to claims filed with the Florida Board of Dentistry. Shendell & Pollock P.L.’s experience in these arenas permits Shendell & Pollock P.L. to provide risk management services to dental professionals in order to limit the claims made against them.


 According to the federal government’s National Practitioner Data Bank, there were over thirty four thousand dental malpractice payouts for claims in the United States; 13.4 percent of all medical malpractice claims filed were against dentists or dental residents.  In further analyzing the statistical data, an estimated thirteen percent of malpractice case payouts will stem from dental malpractice claims including tooth loss. Shendell & Pollock P.L. endeavors to limit or avoid payouts made on behalf of its clients.


 In addition to the traditional claim, Shendell & Pollock P.L. recognizes the increasing trend to bring claims involving fraud, civil theft, unlicensed practice of dentistry and violations of the Florida Deceptive and Unfair Trade Practices Act. These additional theories of liability are employed to increase the potential exposure for dental professionals. Shendell & Pollock P.L.’s extensive experience in defending against these claims affords its attorneys a unique and beneficial perspective on defending them in the context of dental professionals. Shendell & Pollock P.L. further recognizes the expanded healthcare duties being afforded dental assistants and hygienists, and the need to provide a knowledgeable defense of these professionals as well.



The typical claims against dental professionals include the following:

• Temporary and permanent nerve damage due to alleged improper injections

   including mandibular nerve block injections

• Unnecessary surgery or dental procedures

• Improperly designed prosthetics

• Improperly placed crowns, bridges, veneers, or other dental devices

• Iatrogenic injury

• Failure to diagnose future complications

• Osteonecrosis of the jaw from the use of intravenous bisphosphonate

• Failure to diagnose/treat oral cancers

• Unnecessary extractions

• Improper diagnosis

• Failure to make dental study models when considering treatment

• Esthetic complaints from elective procedures

• Failure to diagnose dental conditions

• Necessary apicoectomy due to failed root canal


Oral infections/tooth abscess due to:

• Unsanitary instruments, offices, or facilities

• Improper pre-procedure antibiotic therapy

• Improper post-procedure prescriptions


Failed dental procedures including:

• Failure to remove traces of a tooth during tooth extraction

• Failure to appreciate canal structure

• Not treating all roots during a root canal

• Improperly filled cavity

• Improperly sealed crown

• Broken file left in tooth

• Diminished taste/hypogeusia due to faulty dental procedures

• Failed endodontic procedures


Tooth loss due to:

• Abscess

• Surgical trauma

• Tooth decay

• Infection stemming from unsanitary dental practice

• Oral cancers


Other Dental claims:

• Medical provider fraud

• Insurance agent fraud

• Multiple insurance policies

• Fraudulent services or billing






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