What is the Statute of Limitations on Dental Malpractice

Any time a person is injured due to another’s negligence and wants to pursue legal action, the lawsuit must be filed within a specific time frame known as the statute of limitations. The statute of limitations on dental malpractice determines how long an injured patient has to bring a claim against a negligent dentist.

The length of time available depends on the nature of the claim and the type of malpractice involved. In New York, medical and dental malpractice cases generally have a two-and-a-half-year (2½ years) statute of limitations period.

When the Statute of Limitations Begins

The clock on the statute of limitations begins to run from the moment the dentist commits the act of professional negligence. Once that time begins, failing to take legal action before the deadline expires can result in a permanent loss of the right to sue.

However, determining whether the statute of limitations has been satisfied in a dental malpractice case is not always straightforward. Experienced medical malpractice attorneys in the Hudson Valley region of New York know that multiple exceptions can extend—or “toll”—the time period allowed to file a lawsuit.

The Continuous Treatment Doctrine

One important exception is the continuous treatment doctrine, which can give an injured patient additional time to file suit. Under this doctrine, if a dentist commits malpractice and continues to treat the patient for the same condition related to that negligence, the statute of limitations does not begin until the last date of treatment for that condition.

In other words, the patient has one year from the date of the final related appointment to commence civil litigation. This rule exists because patients should be able to continue treatment with their provider without immediately resorting to legal action.

Example Case: Miccio v. Gerdis

A New York case, Miccio v. Gerdis, litigated in the Supreme Court of New York, Suffolk County, and reviewed by the Appellate Division, Second Judicial Department, demonstrates the complexity of applying the statute of limitations in dental malpractice claims.

In this case, the plaintiff alleged that her dentist failed to diagnose a tumor that was causing loosening teeth, receding gums, and loss of bone support. More than two and a half years had passed between the alleged failure to diagnose and the time she filed her lawsuit. The defendant moved to dismiss the case, arguing it was time-barred.

On appeal, however, the plaintiff successfully invoked the continuous treatment doctrine. The court found that because the plaintiff continued receiving treatment from the same dentist for symptoms related to the undiagnosed tumor—such as loose teeth and receding gums—the statute of limitations was tolled.

The ongoing treatment was directly connected to the original failure to diagnose, meaning the statute of limitations on dental malpractice had not expired. While this did not guarantee a favorable verdict for the plaintiff, it allowed her the opportunity to pursue her case in court.

Why These Cases Require Skilled Legal Representation

Cases involving dental malpractice and the statute of limitations are highly complex. Understanding when the clock starts—and whether exceptions like the continuous treatment doctrine apply—requires detailed legal and medical analysis. An experienced malpractice attorney can investigate the timeline of care, consult with dental experts, and determine the best strategy for preserving your right to recovery.

Contact Our Office About the Statute of Limitations on Dental Malpractice

If you believe your dentist’s negligence caused you harm, do not wait to take legal action. The statute of limitations on dental malpractice can be difficult to calculate, and missing the filing deadline can prevent you from seeking compensation.

To learn more about your rights, contact our office today at 1-866-889-6882, email jfisher@fishermalpracticelaw.com, or request a free copy of The Seven Deadly Mistakes of Malpractice Victims from our website at www.protectingpatientrights.com. Our team can evaluate your case and help determine whether you still have time to file a claim. Contact us.