Dental Malpractice

Dental Malpractice Lawyer in Miami: Get the Justice You Deserve

Serving South Florida From North Miami Since 1988

When dental malpractice disrupts your health or the well-being of someone you love, the consequences can be overwhelming and long-lasting. The physical pain, emotional distress, and financial burdens that follow a dental injury require more than just medical correction—they demand skilled legal representation.

At the Law Office of Mark Wolin, we bring over 35 years of experience representing victims of dental malpractice throughout South Florida. Like many personal injury firms, we practice in the area of medical malpractice. But unlike some others, we have also enjoyed success in the representation of clients with injuries or damages resulting from dental malpractice. Whether your injury stems from a botched procedure, misdiagnosis, or negligence, our firm is here to fight for your rights and secure the compensation you deserve.

What Is Dental Malpractice?

Dental malpractice occurs when a dentist or dental professional fails to provide the standard of care expected in their field, resulting in harm to the patient. These cases can range from minor complications to severe injuries that affect your ability to eat, speak, or live comfortably.

Even a routine dental visit can lead to serious issues if negligence or incompetence is involved.

Common Causes of Dental Malpractice in Personal Injury Cases

Dental malpractice can arise from various errors. At the Law Office of Mark Wolin, we’ve handled cases involving:

  • Improper Extractions: Tooth removals causing nerve damage or excessive bleeding.
  • Failed Root Canals: Infections or complications from poorly executed procedures.
  • Misdiagnosis: Failure to identify decay, gum disease, or oral cancer in time.
  • Anesthesia Errors: Overdosing or neglecting patient monitoring during sedation.
  • Surgical Mistakes: Damage to adjacent teeth, gums, or jaw during implants or other surgeries.
  • Inadequate Infection Control: Unsanitary tools or practices leading to infections.
  • Negligent Cosmetic Dentistry: Botched veneers, crowns, or whitening treatments causing pain or disfigurement.

Our firm is fortunate in having a consulting dentist available, which has enabled us to successfully assess and evaluate cases of dental malpractice—a problem which unfortunately happens all too frequently.

Symptoms and Long-Term Effects of Dental Malpractice Injuries

Dental malpractice can impact your health and quality of life. Symptoms may appear immediately or develop over time, making early action essential.

Common Symptoms of Dental Malpractice Injuries:

  • Persistent pain or sensitivity
  • Swelling or infection in the mouth
  • Difficulty chewing or speaking
  • Numbness or tingling in the face or tongue
  • Tooth loss or damage
  • Jaw stiffness or misalignment

Long-Term Effects:

  • Chronic pain or nerve damage
  • Permanent disfigurement or tooth loss
  • Ongoing infections or abscesses
  • Speech or eating difficulties
  • Emotional distress or loss of confidence
  • Need for corrective surgeries or lifelong dental care

Why You Need a Dental Malpractice Attorney

Dental malpractice cases are intricate. Dental practices and their insurers often deny responsibility or downplay injuries to avoid liability. Without experienced legal support, you risk receiving far less than you need for corrective treatments, lost wages, and suffering.

At Mark Wolin’s Law Office, We Will:

  • Investigate the dental care you received with precision
  • Consult our in-house dental expert to evaluate negligence
  • Gather medical records and testimony to build your case
  • Negotiate with insurers or defend your rights in court
  • Pursue full compensation for your pain, costs, and future needs

Our blend of investigative journalism and trial law experience, paired with our consulting dentist, equips us to tackle even the most complex dental malpractice claims.

The Value of a Dental Malpractice Case in Florida

The worth of a dental malpractice claim depends on injury severity, future treatment needs, life impacts, and available insurance coverage.

You May Be Entitled To Compensation For:

  • Past and future dental or medical expenses
  • Lost wages and reduced earning capacity
  • Pain and suffering
  • Emotional distress
  • Costs of corrective procedures
  • Long-term care or therapy
  • Loss of enjoyment of life

Mark Wolin has helped numerous dental malpractice victims in Miami-Dade, Broward, and Monroe Counties recover substantial settlements and verdicts. We collaborate with dental experts, financial planners, and care specialists to ensure your claim reflects its full value.

Dental Malpractice

How Long Do I Have to File a Dental Malpractice Lawsuit in Florida?

In Florida, the statute of limitations for medical malpractice, including dental cases, is two years from the date of the incident or discovery of the injury (per 2023 legal updates). Exceptions may apply if the harm wasn’t immediately apparent or involves fraud. Acting quickly safeguards your right to compensation.

Building a Strong Dental Malpractice Case: What We Do

Our approach to dental malpractice claims is thorough, aggressive, and compassionate. Every client’s story fuels a tailored legal strategy.

Here’s How We Build Your Case:

  1. Dental Documentation: We work with our consulting dentist and other experts to document the malpractice’s scope.
  2. Investigation & Evidence Gathering: We obtain treatment records, X-rays, and witness statements to prove negligence.
  3. Life Impact Assessment: We calculate long-term costs, from corrective care to emotional harm.
  4. Negotiation and Litigation: We seek maximum compensation in settlements and are prepared to win at trial.

What Makes Mark Wolin Different?

With decades of trial experience and a background in investigative journalism, Mark Wolin brings unparalleled skill and dedication to every dental malpractice case. Our access to a consulting dentist sets us apart in evaluating and winning these claims.

  • Over 35 years of legal experience
  • Licensed in Florida and Illinois
  • Admitted to the U.S. Supreme Court
  • Client-first communication and support
  • Available 24/7 for emergencies
  • No upfront fees – You pay only if we win

We treat our clients like family and fight as if our own health is on the line—because for dental malpractice victims, it often is.

Schedule a Free Consultation with a Dental Malpractice Lawyer Today

Dental malpractice can alter your life—but with the right legal team, you can secure the resources to heal and move forward. Mark Wolin is here to advocate for you every step of the way.

📞 Call Now: (305) 891-3336
📍 Visit Us: 11098 Biscayne Blvd., Suite 401-2, Miami, FL
🕘 Available 24/7 | No Fees Unless We Win

Frequently Asked Questions About Dental Malpractice Cases

How do I know if I have a dental malpractice claim?
If your injury resulted from a dentist’s negligence—like a botched procedure or misdiagnosis—you may have a claim. A consultation can confirm.

Can I file a claim for someone else?
Yes. If a loved one is incapacitated or unable to file, a guardian or family member can act on their behalf.

What evidence proves dental malpractice?
Dental records, X-rays, expert testimony, and photos of injuries are essential.

How long does a dental malpractice case take?
Cases can take months to years, depending on complexity, injury extent, and trial needs.

Will I need to go to court?
Many cases settle, but we’re ready to litigate if the offer isn’t fair.

What if I had prior dental issues?
Pre-existing conditions don’t prevent a claim. If the malpractice worsened them, you may still recover.

How much is my dental malpractice case worth?
Value varies by injury severity, treatment costs, lost income, and suffering. A case review provides an estimate.

Past Verdicts - Dental Malpractice

A confidential settlement was achieved for the estate of an  elderly woman with high blood pressure who was stricken with cardiac arrest in the dentist’s chair after receiving anesthesia containing epinephrine (synthetic adrenaline) which is known to cause dangerous reactions in patients with high blood pressure.

The dental treatment of patients with high blood pressure requires special care.  We are one of the few firms which practice in this often difficult area of law.  We created a Power Point presentation that presented our clients case forcefully and convincingly.  The result was a settlement negotiated in mediation in favor of our client who was spared the burden of extensive litigation and trial.

A DENTAL FILE BROKEN OFF AND LEFT IN THE TOOTH?

A confidential settlement was achieved in favor of a New York woman who learned from her New York dentist that a metal piece had broken off and was left in her mouth after a root canal procedure in Miami one  month before.

Florida law presumes liability against a health care provider in the event of objects such as medical equipment left inside the human body.  But the presumption can be rebutted, and there must be proof that substantial damages resulted.

Dental malpractice is a practice area we have developed over the years, and we selectively accept such cases in our practice.  While files can broke during a procedure even in the hands of a skilled dentist, it is malpractice for the dentist not to advise the patient, and not to take reasonable steps to remove the broken hardware from the patient’s tooth after such an occurrence.

SIX-FIGURE SETTLEMENT FOR DENTAL MALPRACTICE VICTIM

In one case, our client, a lovely lady in her mid-60’s, needed a tooth extracted. She had a history of rheumatic fever. This means that she was especially vulnerable to dangers from infection, and under applicable dental protocol in effect at the time, the dentist was to administer extra doses of antibiotics before removing the tooth, not just afterwards. Unfortunately, our client’s dentist failed to follow this procedure, and as a result, our client developed an infection in her system that attacked her rheumatic heart valve, necessitating open heart surgery.

We successfully negotiated a six-figure settlement that enabled our client to purchase an annuity providing her ongoing comfort and security.

If you have suffered injuries or damages as a result of dental malpractice, call us directly for a free consultation, or use our QUICK CONTACT feature to ask us about how we can help you.

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Mark Wolin Personal Injury Attorney in North Miami and serving all of South Florida.

Meet Mark Wolin

We believe that the relationship between a personal injury client and a personal injury lawyer is very personal.

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Over 35 Years Of Experience

Mark Wolin has over 35 years of experience in personal injury law. He will personally represent you and your case.

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