Indianapolis Dental Malpractice Lawyers

What Is Dental Malpractice Under Indiana Law

Dental malpractice happens when a dentist, oral surgeon, orthodontist, periodontist, or dental hygienist fails to meet the accepted standard of care and causes injury to a patient. Under Indiana's Medical Malpractice Act (IC 34-18), dental professionals are classified as healthcare providers, which means specific legal procedures apply to your claim.

Here's what you need to understand about dental malpractice in Indianapolis:

Standard of care: The level of skill and care that a reasonably competent dentist would provide under similar circumstances.
Causation: You must prove the dentist's negligence directly caused your injuries, not just that you had a bad outcome.
Damages: You suffered actual harm (physical injury, financial loss, or ongoing complications) because of the dentist's actions.
Medical review panel requirement: Before filing a lawsuit, Indiana law requires your claim to go through a medical review panel administered by the Indiana Department of Insurance.

Not every complication from a dental procedure is malpractice. Dentistry carries inherent risks, and complications can occur even with competent care. The question isn't whether you're unhappy with results; it's whether your dentist's treatment fell below the standard expected in the dental community and caused you preventable harm.

Serious Injuries Caused by Dental Negligence

Dental malpractice can result in permanent, life-altering damage. Our team of qualified dental malpractice attorneys will review your case an assess the severity and the potential compensation you may recover for the injury.

Permanent Nerve Damage

Damage to facial nerves can cause permanent numbness, loss of taste, chronic pain, or inability to feel temperature in your mouth. Some patients develop complex regional pain syndrome or other chronic pain conditions that last for years after the negligent procedure.
Jaw Fractures and TMJ Disorders

Excessive force during extractions, improper surgical technique during implant placement, or errors during oral surgery can fracture the jaw or damage the temporomandibular joint. These injuries may require surgery, wiring, and months of recovery.
Infections Requiring Hospitalization

Dental infections that go untreated or that result from unsanitary conditions can spread to the bloodstream (sepsis), the brain, or the heart. Ludwig's angina (a severe infection of the floor of the mouth) can be life-threatening if not treated immediately.
Sinus Perforation

Dental implants or upper molar extractions can perforate the sinus membrane, leading to chronic sinusitis, infections, and the need for additional surgery to repair the damage.
Tooth Loss and Bone Deterioration

Improperly performed procedures can result in the loss of healthy teeth, deterioration of the jawbone, and the need for extensive reconstructive work, including bone grafts, implants, and prosthetics.
Delayed Cancer Diagnosis

When a dentist fails to identify or refer suspicious oral lesions, the patient may not receive a cancer diagnosis until the disease has progressed to a more advanced stage, reducing survival rates and requiring more aggressive treatment.
Wrongful Death from Sedation Errors

In the most tragic cases, anesthesia or sedation errors during dental procedures (particularly in pediatric dentistry) can result in respiratory failure and even death. These cases fall under both dental malpractice and wrongful death law.

Indiana's Medical Malpractice Act and Your Dental Claim

Dental malpractice claims in Indiana are governed by the Indiana Medical Malpractice Act (IC 34-18), which imposes specific procedural requirements and damage caps that don't apply to other personal injury cases.

Medical Review Panel Requirement (IC 34-18-8)

Before you can file a lawsuit against a dentist, you must submit a proposed complaint to the Indiana Department of Insurance. The Department convenes a medical review panel consisting of three healthcare providers and one attorney (who serves as chair but doesn't vote). The panel reviews evidence from both sides and issues a non-binding opinion on whether the dentist's conduct met the applicable standard of care.

This process typically takes 12 to 18 months. While the panel opinion isn't binding in court, a favorable opinion significantly strengthens your negotiating position with the dentist's malpractice insurer.

Statute of Limitations (IC 34-11-2-4)

You have two years from the date the malpractice occurred to file your proposed complaint with the Indiana Department of Insurance. Indiana recognizes a "discovery rule" in some cases. If you didn't know and couldn't reasonably have known about the injury at the time it occurred, the clock may start when you discover the injury. However, relying on the discovery rule is risky; acting promptly protects your rights.

Damages Cap (IC 34-18-14)

Total damages for dental malpractice claims against qualified healthcare providers are capped at $1.8 million for acts occurring after July 1, 2019. The individual dentist is responsible for the first $500,000, and the Indiana Patient's Compensation Fund covers the remainder up to the cap.

This cap applies only to dentists who carry the required malpractice insurance and pay into the Patient's Compensation Fund. Understanding how the cap applies to your specific case is critical for evaluating fair settlement offers.

Comparative Fault (IC 34-51-2)

Indiana follows a modified comparative fault system. If you're found partially at fault for your dental injury, for example, if you failed to follow post-operative instructions or didn't disclose relevant medical history, your damages will be reduced by your percentage of fault. However, if your fault exceeds 50%, you cannot recover any damages.

Indiana Professional Licensing Agency Records

The Indiana Professional Licensing Agency maintains disciplinary records for all licensed dentists in Indiana. You can verify whether your dentist has a history of disciplinary actions, license suspensions, or malpractice complaints. A dentist's disciplinary history can be relevant evidence in your case.

Compensation Available for Indianapolis Dental Malpractice Victims

If we prove that your dentist's negligence caused your injuries, Indiana law allows you to recover both economic and non-economic damages. Dental injuries can be extraordinarily expensive to repair and can cause years of ongoing pain.

Economic Damages

Past and future medical and dental expenses, including corrective surgery, implants, prosthetics, and ongoing dental care;
Lost wages and diminished earning capacity if your injuries affect your ability to work;
Out-of-pocket costs for prescriptions, travel to specialists, and other expenses directly caused by the dental injury.

Non-Economic Damages

Pain and suffering, including both physical pain from the injury and emotional distress from disfigurement, chronic pain, or loss of function;
Loss of enjoyment of life if nerve damage affects your ability to eat, taste food, speak clearly, or smile;
Mental anguish and anxiety related to future dental treatment.

Understanding Case Value

Several factors affect potential compensation:

Severity of your injuries: Permanent nerve damage warrants significantly more compensation than temporary pain.
Duration of treatment: Years of corrective procedures add up.
Age when damage occurred: Younger patients face decades of living with impaired function.
Impact on work and daily activities: Some patients can no longer perform their jobs effectively.
Need for ongoing care: Regular dental monitoring and treatment are required indefinitely.

We fight for compensation that reflects the full impact of your dental injuries, not just immediate medical bills.

The Legal Process for Your Dental Malpractice Claim

Step 1: Free Case Review

We evaluate your dental treatment, injuries, and medical records to determine whether you have a valid claim. We’ll provide an initial honest assessment of your case and a plan for moving forward. This consultation costs you nothing and creates no obligation.
Step 2: Case Investigation

If you have a case, we gather evidence, including dental records, X-rays, treatment notes, and billing statements. We work with dental specialists to document where your dentist's treatment fell below the accepted standard of care.
Step 3: Filing Proposed Complaint with Indiana Department of Insurance

We file a comprehensive proposed complaint detailing your dental treatment, resulting injuries, and the dentist's failure to meet the standard of care. This initiates the mandatory medical review panel process.
Step 4: Medical Review Panel Proceedings

We present your case before the three-member healthcare panel, building a strong foundation for settlement negotiations or trial. The panel issues a non-binding opinion on whether the dentist breached the standard of care.
Step 5: Settlement Negotiations

With the panel opinion in hand, we negotiate aggressively with the dentist's malpractice insurer. A favorable panel opinion significantly strengthens our position.
Step 6: Filing Lawsuit (If Necessary)

If the insurance company refuses to offer fair compensation, we file a lawsuit to seek justice and pursue your claim through litigation.
Step 7: Discovery, Depositions and Trial Preparation

We depose the negligent dentist, retain additional experts, request all relevant documents, and build a trial-ready case that puts maximum pressure on the defense to settle.
Step 8: Resolution — Settlement or Trial

Whether your case is resolved through a negotiated settlement or a jury verdict, we fight for maximum compensation for your dental injuries, pain, lost wages, and future treatment costs.

Find Out If You Have a Case — Call CohenMalad Today

Dental malpractice cases are complex, but you don't have to navigate Indiana's legal system alone. If you've suffered lasting harm from a dentist's negligence, we're here to fight for you.

REQUEST A CASE REVIEW

(317) 636-6481