Can I Sue My Dentist for Breaking My Tooth?

You went to the dentist for treatment but left with a broken tooth and the prospect of additional dental bills. Now you may need a crown, root canal, or extraction for an unexpected injury. Yes, you may be able to sue your dentist if negligent treatment caused the tooth to break and resulted in compensable harm. However, a broken tooth does not automatically establish dental malpractice. Some fractures occur even when a dentist provides appropriate care. 

The Law Offices of Fred B. Goldberg, PC represents patients with dental malpractice claims throughout Maryland and Washington, D.C., including Baltimore and Columbia. The firm can review your dental records and assess whether negligence caused the injury, particularly before you accept a repair offer or sign a release. Schedule a free consultation today to learn more about your options.

A Dentist May Be Liable for Negligent Tooth Damage

A dentist may be liable when a preventable tooth fracture results from treatment that falls below accepted professional standards. Liability depends on whether a reasonably competent dentist would have acted differently under similar circumstances. 

For example, a dentist might use excessive force during treatment, apply an improper technique, or fail to account for a tooth's weakened condition before performing a procedure. A dental malpractice claim generally requires evidence of four elements: 

• Duty of care: The dentist had a professional responsibility to provide appropriate treatment. 

• Breach of duty: The dentist failed to meet the applicable standard of care. 

• Causation: That failure caused the tooth fracture or resulting injury. 

• Damages: The patient suffered compensable harm, such as additional treatment expenses, pain, or permanent tooth loss. 

Not every fracture meets these requirements. Teeth with extensive decay, large fillings, existing cracks, or other structural weaknesses can break during otherwise appropriate treatment. 

The distinction is whether the injury resulted from negligent care or a recognized complication of appropriate treatment. A dental expert may need to review the treatment records, X-rays, and the tooth's condition to determine whether the dentist breached the standard of care. 

A separate claim may arise if a dentist failed to obtain informed consent. For example, a dentist may have failed to explain a material risk of tooth fracture or reasonable treatment alternatives. The key question is whether a reasonable patient, properly informed of those risks and alternatives, would have made a different treatment decision. 

Damage to a Healthy Tooth May Indicate Negligence

Suppose a dentist is extracting a molar and fractures the adjacent healthy tooth. Instead of recovering from the planned extraction, the patient may now face an additional crown, root canal, or even extraction, along with expenses that would not otherwise have arisen. 

A dental expert may review the procedure notes, X-rays, and other treatment records to evaluate the technique used and whether reasonable precautions were taken. These details can help establish whether the injury was avoidable. 

The Law Offices of Fred B. Goldberg, PC can evaluate these records and investigate whether the damage resulted from an avoidable treatment error. Its dental malpractice attorney can help determine whether the circumstances support a claim. 

Compensation for a Broken Tooth

If dental negligence caused your tooth to break, you may be entitled to compensation for the additional treatment expenses and other losses resulting from the injury. Depending on the circumstances, recoverable damages may include: 

• Corrective dental treatment: Crowns, root canals, extractions, implants, bridges, and other necessary procedures. 

• Future dental expenses: Replacement restorations, maintenance, or additional treatment resulting from the injury. 

• Lost income: Earnings lost because of treatment appointments or recovery. 

• Pain and suffering: Physical discomfort and other legally compensable noneconomic harm. 

• Permanent consequences: Lasting tooth loss, impaired chewing, or other continuing problems. 

The amount recoverable depends on the severity of the injury, the evidence connecting it to negligence, and applicable Maryland law, including statutory limits on certain damages. 

Because malpractice claims generally require expert support, the cost of pursuing a claim may outweigh the recovery for a minor chip repaired with simple bonding. A fracture requiring an extraction, implant, or extensive corrective treatment may warrant closer evaluation. 

Steps to Take After a Dental Injury

Seek prompt dental care to address the broken tooth and prevent further damage. Consider an independent evaluation if the original dentist's explanation leaves questions unanswered. Preserve evidence of the injury, including: 

• Dental records, treatment notes, consent forms, and X-rays. 

• Photographs of the damage. 

• Bills, treatment estimates, and corrective treatment records. 

• Written communications with the dentist. 

Track your symptoms and expenses. If the dentist offers a free repair, review the proposed treatment and any settlement or release documents before signing. 

Maryland Limits the Time to Sue a Dentist

Maryland generally requires a qualifying health care malpractice claim to be filed within the earlier of five years from the injury or three years from its discovery. These deadlines are established under Maryland Courts and Judicial Proceedings § 5-109. 

Because a broken tooth is often discovered immediately, the three-year deadline will typically be the relevant limit. An offer to repair the tooth does not, by itself, pause that deadline. Special rules may affect these deadlines for minors, people with certain mental disabilities, and cases involving fraudulent concealment. 

Maryland also has procedural requirements for health care malpractice claims. Under Courts and Judicial Proceedings § 3-2A-04, covered claims generally begin through the Health Care Alternative Dispute Resolution Office. Filing a qualifying claim with that office counts as filing an action for purposes of the statutory deadline. 

Unless the sole issue is lack of informed consent, a certificate from a qualified expert ordinarily must be filed within 90 days after the complaint, subject to statutory extensions and exceptions. 

The certificate addresses whether the provider departed from accepted standards of care and whether that departure caused the alleged injury. 

If your injury occurred in Washington, D.C., different filing deadlines and malpractice procedures apply. In either jurisdiction, having your records reviewed promptly can help protect your ability to pursue a claim. 

Discuss Your Injury with a Dental Malpractice Attorney

Attorney Fred B. Goldberg has represented clients since 1981 and focuses on dental malpractice. The son of a dentist and dental assistant, he grew up familiar with dental procedures and terminology. His background also includes consumer protection work under President Carter's administration and service as General Counsel to the District of Columbia Office of Consumer Protection.  

The firm's associate attorney is a board-certified dentist, bringing clinical expertise to malpractice claims. The firm handles dental malpractice cases on a contingency-fee basis and advances all case costs, so clients pay nothing upfront before their case is resolved. The Columbia-based firm serves patients in Baltimore, Rockville, Frederick, Annapolis, Towson, Hagerstown, Berkeley Springs, Cumberland, Salisbury, Ocean City, and Washington, D.C. 

If you suspect your dentist negligently broke your tooth, call the Law Offices of Fred B. Goldberg, PC at (410) 567-7036 for a free consultation. A Columbia, Maryland dental malpractice attorney can review your records and evaluate your potential claim.