Fla. Bar No. 1048733 · Former judicial clerk, Fourth Judicial Circuit
Last reviewed October 2026
What counts as dental malpractice?
Dental care that falls below the accepted standard and causes injury, such as nerve damage from an extraction or implant, wrong-tooth procedures, missed infections or oral cancer, and anesthesia errors.
A bad result alone is not malpractice. The question is whether a reasonably careful dentist would have done something differently, and whether that difference caused the injury.
How does a dental malpractice claim work in Florida?
Dentists are covered by Florida's medical malpractice presuit rules. Before sending a notice of intent, I must investigate and obtain a verified written opinion from a qualified expert (Fla. Stat. § 766.203). After the notice, no lawsuit can be filed for 90 days while the dentist's insurer investigates, and the deadline is paused during that period (§ 766.106).
The investigation starts with getting complete records and imaging from every provider involved, including the dentist who treated you afterward.
How long do I have to file a dental malpractice claim?
Generally two years from when the injury was discovered or should have been discovered, and no more than four years from the date of the incident in most cases. Fla. Stat. § 95.11(5)(c).
The four-year limit can be extended for fraud or concealment, up to seven years, and there are special rules for young children. Because the presuit investigation takes time, waiting until close to the deadline is risky.
Common questions
Is numbness after a wisdom tooth extraction malpractice?
Not always. Some nerve injury is a known risk. Whether it was malpractice depends on the planning, imaging, technique, and consent. It is worth a review.
Should I keep seeing the same dentist?
Get the care you need from a provider you trust. Ask for a copy of all records and imaging before you switch.
What does it cost to have my case reviewed?
Nothing. Consultations are free, and I work on a contingency fee.
This page is general information about Florida law, not legal advice for your situation.