Can I Sue a Dentist for Malpractice in New York?

Dental malpractice is a serious issue that can result in severe injuries, permanent damage, and even death.

If you are a victim of dental malpractice in New York, you may be wondering if you can sue your dentist for compensation. Fortunately, you can—but it's not always an easy case to win. That's why you should always consult with experienced dental malpractice attorneys like ours at Law Office of David A. Kates, PLLC.

What Is Dental Malpractice?

Dental malpractice occurs when a dentist fails to provide adequate care to a patient, resulting in injury or harm.

Common issues in dental malpractice are similar to those in medical malpractice, such as these:

  • Improper treatment
  • Failure to obtain informed consent
  • Using defective equipment

What Are the Elements of a Dental Malpractice Lawsuit?

To file a successful dental malpractice lawsuit in New York, you must prove the following elements:

  • Duty: The dentist owed you a duty to provide dental care.
  • Breach: The dentist breached their duty of care by failing to provide adequate care.
  • Causation: The breach of duty caused your injury or harm.
  • Damages: You suffered damages, such as pain and suffering, medical expenses, lost wages, or a decrease in your quality of life.

Is There a Time Limit for Filing a Dental Malpractice Lawsuit?

In New York, the statute of limitations for filing a dental malpractice lawsuit is two and a half years from the date of the malpractice or from the end of continuous treatment for the same condition.

It's crucial to consult with an experienced dental malpractice attorney as soon as possible to avoid missing this deadline.

What Can I Do to Strengthen My Dental Malpractice Claim?

To strengthen your dental malpractice claim, you can do the following:

  • Keep records of your dental visits, treatments, and procedures.
  • Document your symptoms, pain, and any other discomfort you experience.
  • Obtain a second opinion from another dentist to confirm the malpractice.
  • Consult with an experienced dental malpractice attorney to evaluate your case.


Dental malpractice lawsuits are complex and require the expertise of an experienced attorney. If you believe you have been a victim of dental malpractice in New York, do not hesitate to contact the Law Office of David A. Kates, PLLC.

Contact us today to schedule a consultation.