​Dental Malpractice

Martin Clearwater & Bell LLP  has been a proven leader in dental malpractice defense for decades, with a highly skilled, courtroom-tested team of attorneys who are well-versed in the various technical and scientific issues that arise in these types of claims

Dental malpractice claims arise when a dental professional allegedly fails to adhere to the accepted standards of care in his/her profession. Unfortunately, as dental procedures have become more complex and invasive over time, dental professionals are experiencing an increase in the number of malpractice claims filed against them—claims that can result in both financial and reputational harm.

Defending dental malpractice cases requires specialized legal skills and a keen understanding of the scientific, technical, and medical issues involved.


Our clients include general practitioners, cosmetic dentists, periodontists, endodontists, prosthodontists, orthodontists, dental hygienists, office assistants and other related professionals in the field.


Our utmost priority is to work with clients on risk management strategies to avoid costly lawsuits wherever possible. However, should such efforts fail, our skilled dental malpractice attorneys stand ready to assert a vigorous and aggressive defense, capitalizing on all of their legal expertise, medical knowledge, and established relationships with expert witnesses.

Our team of attorneys:

  • Carefully examine all elements contained in the complaint and pleadings to determine whether any relevant standards of care were actually violated
  • Identify, based on the facts and circumstances of the case, the optimal defense strategy, including, but not limited to:
    • demonstrating failure by patient to maintain routine dental care
    • showing that the patient did not follow post-procedure instructions
    • proving that the risks of a procedure were discussed ahead of time and
      that the patient consented
  • Utilize the expert testimony of renowned dental practitioners to aggressively challenge plaintiff’s claims
  • Scrutinize plaintiff’s claims for financial damages to identify invalid or inflated elements, thereby mitigating financial risk and potentially negating the cause of action.


MCB’s experience in the defense of dental industry professionals, goes back more than a century. Examples of allegations we defend against include:

  • Failure to diagnose oral cancer or other conditions
  • Trigeminal neuralgia and other neurologic injuries
  • Lack of informed consent
  • Delayed treatment of disease
  • Failure to properly treat oral infection or other dental condition
  • Anesthesia or medication error
  • Causation of cosmetic damage
  • Complications with extractions
  • Defective root canals, crowns, implants, veneers, etc.

We also handle licensing and disciplinary actions related to potential findings of malpractice including:

  • Investigations and hearings before the Office of Professional Discipline
  • Professional licensing and accrediting issues
  • Investigations and hearings before dental societies

Related Insights

Dismissal of Dental Case

Senior Trial Partner Jeff Shor and Associate Conrad Chayes obtained a dismissal in Supreme Court, Bronx County. The case involved a 47-year-old woman who alleged that our client dentist was negligent in the dental work performed over a number of years resulting in...

Dismissal in Dental Malpractice Case

Senior Partner Jeffrey A. Shor assisted by Associate Michelle A. Frankel obtained a dismissal in a dental malpractice case filed in Kings County in 2011. The case, which involved treatment from 2009, remained stagnant for years and was administratively marked...

Summary Judgment in Dental Malpractice Action

Senior Partner Nancy Block and Senior Associate Michael Bastone successfully moved for summary judgment in a case alleging osteomyelitis of the mandible stemming from an infection following root canal therapy. Plaintiff argued that the treating dentist had failed to...

Defense Verdict in Dental Malpractice Case

Senior Trial Partner Jeffrey A. Shor obtained a defense verdict in a dental malpractice case. During the course of performing an oral evaluation of a four-year-old, our client made an incidental finding of either a fractured tooth or an extra tooth. Regardless of the...

Defense Verdict in Dental Malpractice Case

MCB Senior Trial Partner Jeffrey A. Shor obtained a defense verdict in New York County in a case where plaintiff claimed the defendant periodontist negligently performed a sinus lift resulting in a torn membrane and post-operative infection. The defense argued that...

Let’s Work Together