- CohenMalad, LLP - / - after - Personal Injury - /personal-injury-lawyer - after - Dental Malpractice - after # Indianapolis Dental Malpractice Lawyers Holding Negligent Dentists Accountable for Permanent Harm Speak To An Attorney /contact-us Four attorneys talking at a conference table ## Why Choose CohenMalad for Your Indianapolis Dental Malpractice Case Dentists owe patients competent care. When they botch procedures, ignore warning signs, or cause irreversible nerve damage, they must answer for it. **Our team at CohenMalad, LLP has been taking on medical and dental negligence cases in Indiana for over 55 years.** We've built our reputation by going after healthcare providers who cut corners and cause lasting harm. Our firm has the courtroom credentials, litigation firepower, and trial-ready approach needed to challenge dentists and their malpractice insurers. We don't chase quick settlements; we fight for the compensation you actually deserve. ## Common Types of Dental Malpractice We Handle in Indianapolis - Nerve Damage and Permanent Numbness - Failure to Diagnose Oral Cancer - Dental Implant Failures - Infections from Unsanitary Conditions - Wrongful Death related to Anesthesia and Sedation Errors ## 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](https://cohenandmalad.com/contact-us) (317) 636-6481 We Are Ready to Advocate for You Contact us to help with your legal claim! [Request a Claim Review](https://cohenandmalad.com/contact-us) (317) 636-6481 ## Meet Our Indianapolis Personal Injury Team CohenMalad, LLP has spent over 55 years building a reputation for taking on healthcare providers and winning. Our attorneys have fought some of the biggest names in medicine and dentistry, securing millions for clients harmed by negligent treatment. [about us](https://cohenandmalad.com/about-us) CohenMalad, LLP Personal Injury Team ## Frequently Asked Questions About Indiana Dental Malpractice Lawsuits - ### What qualifies as dental malpractice in Indiana? Dental malpractice occurs when a dentist, oral surgeon, or other dental provider delivers treatment that falls below the accepted standard of care, and that substandard treatment causes injury to the patient. This could include botched procedures like root canals or extractions, failure to diagnose oral cancer, nerve damage from improper technique, infections from unsanitary conditions, or anesthesia errors. You must prove the dentist was negligent, as a bad outcome alone isn't enough. - ### How long do I have to file a dental malpractice lawsuit in Indiana? Under IC 34-11-2-4, you have **2 years from the date the malpractice occurred** to file your proposed complaint with the Indiana Department of Insurance. However, because Indiana requires you to go through the medical review panel process before filing suit (a process that can take 12 to 18 months), you need to contact an attorney well before the two-year deadline. The discovery rule may extend the deadline if you couldn't reasonably have known about the injury when it occurred. The best course of action is to contact our Indiana dental malpractice specialists as soon as you suspect something is wrong. - ### What is Indiana's medical review panel, and why does it matter for my dental malpractice case? Indiana's Medical Malpractice Act requires that all dental malpractice claims against qualified healthcare providers be reviewed by a medical review panel before a lawsuit can be filed. The panel consists of three healthcare providers who review the evidence and issue a non-binding opinion on whether the dentist breached the standard of care. While the opinion isn't binding in court, a favorable panel opinion significantly strengthens your case and can encourage settlement. - ### How much is my Indiana dental malpractice case worth? Case value depends on the severity of the injury, the cost of corrective treatment, lost wages, pain and suffering, and whether the injury is permanent. Indiana caps total damages for qualified healthcare provider malpractice claims at $1.8 million for acts occurring after July 1, 2019. Within that cap, cases involving permanent nerve damage, disfigurement, or delayed cancer diagnosis typically command higher values than cases involving temporary pain or easily corrected errors. - ### Can I sue my dentist for a bad root canal in Indianapolis? Yes, if the root canal was performed negligently and caused you injury. Common root canal errors that may support a malpractice claim include perforating the root, leaving broken instruments inside the canal, failing to completely clean the canal (leading to infection), or damaging an adjacent tooth during the procedure. Not every failed root canal is malpractice. You must prove the dentist's technique fell below the standard of care accepted in the dental community. - ### What if my dental implant failed — is that malpractice? A dental implant failure isn't automatically malpractice. Implants can fail for reasons unrelated to the dentist's competence, such as the patient's bone density or healing response. However, if the implant failed because of poor surgical planning, inadequate pre-operative imaging, improper placement, failure to treat an infection, or ignoring contraindications, you may have a valid claim. An independent dental specialist review of your records can determine whether negligence played a role. ## Don't Let Negligent Dentists Escape Responsibility Call CohenMalad, LLP today for your free consultation. We'll review your case, explain your legal options, and help you understand what compensation you may be entitled to receive. Don't let a negligent dentist get away with what they've done to your health. Contact us now and let us fight for the justice you deserve. --- CohenMalad, LLP — [https://cohenandmalad.com/personal-injury/dental-malpractice-lawyer](https://cohenandmalad.com/personal-injury/dental-malpractice-lawyer)