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Home » What Sort Of Acts Constitute Dental Malpractice?

What Sort Of Acts Constitute Dental Malpractice?

July 18, 2013 by Louis Gertler Last Modified: October 28, 2025

While not every minor mistake made by a New Orleans dentist in the course of treatment constitutes dental malpractice, individuals injured by the negligent conduct of – or substandard care provided by – a dentist, dental assistant or oral surgeon may be entitled to compensation.

Generally, what is required to prove dental malpractice is governed by the same rules surrounding other types of medical malpractice. These include a requirement that the dental practitioner provide a patient with an acceptable level of care. Dentists are not required to be perfect, but they are required to provide at least the same level of care that a practical and prudent dentist would provide. If a dentist fails to provide this level of care and it leads to the patient suffering a significant injury, the dentist may be required to pay for the damages.

The variety of specific actions that may be classified as dental malpractice under these criteria is very broad. A non-exhaustive list of the more common forms of dental malpractice would include the following:

  • Performing surgery or treatment on the wrong site;
  • Making mistakes during surgery leading to the requirement for additional surgery;
  • Causing oral infections through unsanitary conditions;
  • Errors when performing root canals or installing crowns that lead to patient injury;
  • Misdiagnosis of an oral disease, such as cancer, or the failure to diagnosis an obvious oral disease; and
  • Mistakes in treatment leading to nerve injury and facial paralysis.

This list is only a sample of the acts that may constitute dental malpractice. If you have suffered a noteworthy injury during dental treatment, you may wish to consult with an experienced dental malpractice attorney to determine if you are entitled to compensation. If you have any questions we can help you with, please feel free to call us at (504) 581-6411.

About Louis Gertler

Louis L. Gertler, Esq. is a New Orleans attorney and partner at Gertler Law Firm. He represents individuals and families in civil matters involving serious injuries and wrongful death in Louisiana, including claims related to product incidents, medical care, and large-scale proceedings such as mass tort matters and class actions.

Louis earned his Juris Doctor from Tulane University Law School in 1994. He has been listed in The Best Lawyers in America since 2012 and was named Lawyer of the Year for Product Liability Litigation Plaintiffs in New Orleans in 2022, an honor based on peer review.

Louis approaches each matter with thorough preparation, careful review of the facts, and clear communication, helping clients understand the process and available options at each stage of the case.

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  • Home
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        • Car Accidents
        • Truck / 18-Wheeler Accidents
        • Motorcycle Accidents
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        • Paragard IUD
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