What to Do When a Dentist Messes Up Your Treatment and Causes Lasting Pain

By Brian Figeroux, Esq.

A visit to the dentist is meant to improve oral health, alleviate pain, and enhance the quality of life. However, there are instances where a dental procedure goes wrong, leaving the patient in a worse condition than before. Whether it’s a misdiagnosed issue, a botched procedure, nerve damage, or an ill-fitting dental crown, a dentist’s mistake can lead to prolonged pain, complications, and even the need for corrective procedures.

If you find yourself in a painful situation after a dental visit due to negligence or mistakes by your dentist, it’s crucial to take the right steps to address the issue, seek relief, and possibly hold the dentist accountable. This article will outline the necessary steps to take, from managing the immediate pain to pursuing legal action if necessary.

Step 1: Assess the Damage and Document Everything

1.1 Identify the Symptoms

The first step is to determine what exactly went wrong and what symptoms you’re experiencing. Common post-dental complications due to malpractice include:

• Persistent pain beyond the expected healing time.
• Swelling or infection at the treatment site.
• Difficulty chewing, speaking, or moving the jaw.
• Nerve pain, tingling, or numbness in the mouth, face, or jaw.
• Ill-fitting dental work (such as crowns, fillings, or dentures).
• Excessive bleeding or gum damage.
• Allergic reactions to dental materials.

1.2 Keep Detailed Records

• Write down the exact date and time of your dental visit.
• Document the procedure performed (e.g., filling, root canal, extraction).
• Record all symptoms you experience after the visit, including their duration and severity.
• Take photos of visible issues (e.g., gum swelling, broken fillings, or improper dental work).
• Save receipts, treatment plans, prescriptions, and any correspondence with the dentist.

Having clear documentation will be crucial if you decide to seek legal or medical recourse later.

Step 2: Contact the Dentist for Clarification and Possible Correction

2.1 Request a Follow-Up Appointment

If you suspect the dentist made an error, call their office to explain your symptoms and request an urgent follow-up appointment. Sometimes, dentists may not realize they made a mistake and might be willing to correct the issue at no extra charge.

2.2 Ask for an Explanation

During the follow-up visit, ask the dentist the following:

• What could be causing the pain?
• Is this a normal reaction to the procedure?
• What steps will be taken to correct the issue?
• Will additional costs be involved?

If the dentist acknowledges the mistake and offers to fix it, weigh your options carefully. If you’ve lost confidence in their ability, it might be best to seek a second opinion before agreeing to further treatment.

Step 3: Seek a Second Opinion from Another Dentist

3.1 Visit a Different Dental Professional

If the pain persists and you’re not satisfied with your original dentist’s response, it’s wise to seek a second opinion. A different dentist can:

• Evaluate the work done and identify errors.
• Provide an alternative treatment plan to fix the issue.
• Confirm whether malpractice occurred.

3.2 Obtain a Written Report

Ask the new dentist to provide a written report of their findings, including:

• What was done incorrectly.
• How it should have been done.
• The treatment required to fix the problem.
• Any additional costs involved.

This report can serve as valuable evidence if you decide to file a complaint or lawsuit.

Step 4: Manage the Pain and Prevent Further Damage

While dealing with the situation, managing your pain is essential.

4.1 Over-the-Counter Pain Relief

• Ibuprofen (Advil, Motrin) – Helps reduce pain and inflammation.
• Acetaminophen (Tylenol) – Can be used for pain but does not reduce swelling.

4.2 Home Remedies

• Saltwater Rinse: Helps cleanse the affected area and prevent infection.
• Cold Compress: Reduces swelling and numbs the pain.
• Clove Oil: Has natural pain-relieving properties.

4.3 Antibiotics for Infection

If you suspect an infection (swelling, fever, pus formation), contact a dentist or doctor for antibiotics. Never ignore signs of infection, as it can spread and cause severe complications.

Step 5: File a Complaint Against the Dentist

If the dentist’s negligence caused serious harm, you have the right to file a complaint.

5.1 Contact the Dental Board

• In New York, complaints can be filed with the New York State Board of Dentistry.
• Visit their website to submit a complaint detailing your experience.
• Provide all documentation, including photos, medical reports, and receipts.

5.2 Report to Consumer Protection Agencies

• File a complaint with the Better Business Bureau (BBB).
• Contact the New York Attorney General’s Office for consumer complaints.

Filing a complaint can hold the dentist accountable and prevent others from experiencing the same issue.

Step 6: Consider Legal Action for Dental Malpractice

If you suffered significant pain, permanent damage, or incurred high medical costs, you might be eligible for a dental malpractice lawsuit.

6.1 Determine If You Have a Case

To prove dental malpractice, you must demonstrate:

1. Duty of Care: The dentist owed you a duty to provide competent treatment.
2. Breach of Duty: The dentist failed to meet the standard of care.
3. Injury: You suffered harm as a result.
4. Damages: You incurred medical expenses, pain, or financial loss.

6.2 Consult a Dental Malpractice Attorney

• Find an attorney who specializes in dental or medical malpractice cases.
• Provide all evidence, including documentation and second opinions.
• Discuss potential compensation for medical expenses, lost wages, and pain/suffering.

6.3 Lawsuit vs. Settlement

• Many cases are settled out of court.
• If a settlement isn’t reached, the case may go to trial, where a judge or jury will decide the outcome.

Step 7: Leave an Honest Review

7.1 Share Your Experience Online

Leaving a truthful review on platforms such as Google Reviews, Yelp, and Healthgrades can:

• Warn future patients about the dentist’s mistakes.
• Encourage the dentist to improve their practice.
• Put pressure on the clinic to address patient concerns.

7.2 Be Factual and Professional

Avoid personal attacks; instead, focus on what happened and how it affected you. This makes your review more credible and impactful.

The Resolution & Compensation

Experiencing pain and complications after a dental visit due to a dentist’s mistake can be frustrating and distressing. However, taking the right steps—documenting the issue, seeking a second opinion, managing pain, filing a complaint, and considering legal action—can help you get the resolution and compensation you deserve.

No patient should have to suffer due to a dentist’s negligence. By advocating for yourself, holding the dentist accountable, and sharing your experience, you not only protect your own well-being but also help ensure better care standards for others.