Dental Malpractice Lawyer in Brooklyn

Nearly 75 Years of Combined Experience Fighting for Brooklyn Injury Victims

Belushin Law Firm, P.C. brings nearly 75 years of combined legal experience to dental malpractice claims in Brooklyn. We’ve recovered millions of dollars for injury victims across New York, and our staff assists clients in English, Chinese, Russian, Italian, Spanish, and Ukrainian. Free consultations are available, including virtual options, so nothing has to wait.

If you believe a dentist’s negligence caused you harm, contact us today at (888) 918-9890. Consultations are free and carry no obligation.

What Dental Malpractice Means Under New York Law

Dental malpractice occurs when a dentist’s treatment falls below the standard of care and causes patient harm. The standard of care is what a reasonably competent dentist would do under the same circumstances. To pursue a claim, a patient must establish four elements: a dentist-patient relationship creating a duty of care, a breach of that duty, a direct link between the breach and the injury, and actual damages.

Not every unsatisfactory outcome qualifies. A complication that arises despite proper treatment isn’t malpractice. The care itself must have deviated from accepted standards, and that deviation must have caused the injury. This distinction is why an independent professional review is central to building a viable claim.

Common Types of Dental Malpractice Claims

Dental errors take many forms, and the consequences can be serious and long-lasting. The following categories appear regularly in malpractice litigation:

• Nerve damage: Injury to the alveolar or lingual nerve during wisdom tooth extraction or implant placement can produce numbness, chronic pain, or impaired speech.
• Wrong-tooth extraction: Removing a healthy tooth due to charting errors or miscommunication is a recognized basis for a claim.
• Failure to diagnose: A delayed or missed diagnosis of oral cancer, gum disease, or infection can allow a condition to progress and cause significantly greater harm.
• Informed consent failures: Dentists are required to explain a procedure’s risks, benefits, and alternatives before treatment begins. Skipping that step can support a malpractice claim regardless of the technical outcome.
• Negligent restorative or orthodontic work: Improper root canal treatment, bridgework, or orthodontic care can lead to tooth loss, misalignment, or the need for extensive corrective procedures.

Filing Deadlines for Brooklyn Dental Malpractice Claims

New York Civil Practice Law and Rules section 214-a gives patients two and a half years to file a dental malpractice claim, measured from the date of the negligent act or the last date of continuous treatment for the same condition. Under the continuous treatment doctrine, the clock doesn’t start until the treating dentist’s course of care for that condition ends.

Several rules can extend that window. Patients who were minors when the malpractice occurred have until age 18 to start the clock, though no claim may extend more than 10 years from the act itself. For missed oral cancer diagnoses, Lavern’s Law allows a patient to file within two and a half years of discovering the error, subject to a seven-year outer limit from the date of the mistake.

New York law also requires a certificate of merit before a dental malpractice complaint can move forward. Under CPLR 3012-a, the certificate confirms that your attorney consulted with a licensed dentist and concluded there is a reasonable basis for the claim. We handle that review as part of building your case.

Damages Available in a Dental Malpractice Case

New York places no cap on compensatory damages in dental malpractice cases. What a victim can recover depends on the severity and permanence of the injury.

Economic damages cover past and future medical expenses and lost wages. Non-economic damages address pain and suffering, emotional distress, and loss of enjoyment of life. In cases involving particularly egregious conduct, punitive damages may also be available.

Comparative negligence applies in New York, meaning a patient’s own conduct can reduce a recovery, but it may not eliminate one. Understanding how these rules interact with your specific facts is part of how we evaluate your case.

Why Brooklyn Patients Choose Belushin Law Firm, P.C.

One of the most significant barriers to pursuing a dental malpractice claim in New York is cost. Building a viable case requires review by a qualified dental professional, and that process takes time and money. We advance those litigation costs, including the fees for the professional review needed to establish a deviation from the standard of care, so you aren’t pressured into an early settlement to cover expenses you’ve already incurred.

Attorney Vel Belushin holds a 10.0 Superb rating on Avvo and has been selected to the Super Lawyers list every year from 2017 through 2019 and again from 2021 through 2025. The firm is affiliated with the American Association for Justice and maintains memberships in the New York State Trial Lawyers Association and the National Trial Lawyers Association.

Local Knowledge for Kings County Claims

Dental malpractice claims arising in Brooklyn are litigated in the Kings County Supreme Court, and our familiarity with that court’s procedures is part of how we prepare each case. Brooklyn is also home to some of the most linguistically diverse communities in the country, and language barriers can contribute directly to informed consent failures when patients don’t fully understand what a procedure involves. Our multilingual staff works through those details with clients who need assistance in their primary language.

Start with a Free Consultation

We handle dental malpractice claims on a contingency basis, meaning you pay no legal fees unless we recover compensation on your behalf. Our team is available by phone or virtually.

Call Belushin Law Firm, P.C. at (888) 918-9890 to discuss your Brooklyn dental malpractice claim at no cost and no obligation.