Dental malpractice occurs when a dentist, oral surgeon, or other dental professional fails to meet the standard of care, resulting in patient harm. Missouri, like other states, has specific legal frameworks governing these claims—from proving negligence to navigating strict filing deadlines. Whether you suffered from a botched root canal, surgical error, or misdiagnosis, understanding Missouri's dental malpractice laws is essential for pursuing justice. 

1. Dental Malpractice Requires Proof of Four Key Elements

Fact: To succeed in a dental malpractice claim, plaintiffs must prove duty, breach, causation, and damages.

Elaboration:

• Duty: The dentist-patient relationship must be established, confirming the dentist owed a professional duty of care.

• Breach: The plaintiff must show the dentist deviated from the accepted standard of care (e.g., improper extraction leading to nerve damage).

• Causation: The breach must directly cause the injury (e.g., an infection due to unsanitary tools).

• Damages: The patient must demonstrate quantifiable harm (e.g., medical bills, lost wages, pain and suffering).

Unlike general negligence claims, dental malpractice often hinges on expert testimony to define the standard of care and confirm the breach. Missouri courts require a qualified dental expert to testify that the defendant's actions fell below professional norms.

2. Missouri Imposes a Strict Two-Year Statute of Limitations

Fact: Dental malpractice lawsuits must be filed within two years of the negligent act or discovery of the injury.

Elaboration:
Missouri's statute of limitations (RSMo § 516.105) is stricter than many states. The clock starts either:

• On the date of the negligent procedure, or

• When the patient reasonably should have discovered the injury (the "discovery rule").

However, absolute limits apply—no case can be filed more than 10 years after the malpractice occurred, even if discovered later. Delayed-onset complications (e.g., TMJ disorder from improper bite adjustment) require prompt legal action once symptoms manifest. Missing the deadline permanently bars the claim, making early consultation with a malpractice attorney critical.

3. Missouri Has a Cap on Non-Economic Damages

Fact: State law limits pain-and-suffering payouts to $400,000 in most dental malpractice cases.

Elaboration:
Under RSMo § 538.210, non-economic damages (e.g., emotional distress, loss of enjoyment of life) are capped, while economic damages (medical bills, lost income) remain uncapped.

Exceptions exist for:

• Catastrophic injuries (e.g., permanent facial paralysis), where the cap increases to $700,000.

• Wrongful death claims, which follow separate limits.

This cap significantly impacts settlement negotiations, as insurers know plaintiffs cannot recover unlimited compensation for intangible harms.

4. Missouri Requires a "Affidavit of Merit" to File a Claim

Fact: Before suing, plaintiffs must submit an affidavit from a qualified dental expert confirming the claim's validity.

Elaboration:
The affidavit must:

• Be signed by a licensed dentist in the same specialty as the defendant.

• State that the defendant breached the standard of care and caused harm.

Failure to file this affidavit results in dismissal. This rule prevents frivolous lawsuits but also adds cost and complexity to legitimate claims.

5. Comparative Negligence Can Reduce Compensation

Fact: If the patient is partially at fault (e.g., failing to follow post-op care instructions), their recovery is reduced by their percentage of fault.

Elaboration:
Missouri follows a pure comparative negligence system (RSMo § 537.765). Even if a patient is 99% at fault, they can still recover 1% of damages. However, most dental malpractice cases involve minimal patient fault unless there was clear neglect (e.g., ignoring severe infection symptoms).

6. Dental Malpractice Claims Often Settle Out of Court

Fact: The majority of cases resolve through negotiated settlements rather than trials.

Elaboration:
Insurers prefer settlements to avoid unpredictable jury verdicts. Factors influencing settlement value include:

• Severity of injury (e.g., nerve damage vs. minor discomfort).

• Strength of expert testimony.

• Defendant's insurance policy limits.

A skilled malpractice attorney can leverage pre-trial discovery (e.g., depositions, dental records) to pressure insurers into fair settlements.

7. Common Types of Dental Malpractice Claims in Missouri

Fact: The most frequently litigated errors include:

• Surgical mistakes (e.g., nerve damage from implants).

• Failure to diagnose oral cancer.

• Anesthesia errors.

• Improper root canals leading to infections.

Elaboration:
Missouri courts see a high volume of nerve injury cases, particularly involving inferior alveolar nerve damage during wisdom tooth removal. These often result in permanent numbness or chronic pain, warranting substantial damages.

8. Dentists' Insurance Carriers Play a Major Role

Fact: Most claims are paid by professional liability insurance, not individual dentists.

Elaboration:
Insurers often:

• Drag out negotiations to pressure plaintiffs.

• Dispute causation (e.g., claiming a pre-existing condition caused the harm).

• Impose lowball settlement offers.

An attorney familiar with insurer tactics can counter these strategies effectively.

9. The Missouri Board of Dentistry Investigates Complaints

Fact: Patients can file administrative complaints for disciplinary action.

Elaboration:
While the Board cannot award compensation, its findings (e.g., license suspension) can strengthen a civil lawsuit.

10. Choosing the Right Attorney is Critical

Fact: Dental malpractice cases require specialized legal and medical knowledge.

Elaboration:
Look for attorneys with:

• Proven success in dental malpractice.

• Relationships with dental experts.

• Trial experience (to maximize leverage in settlement talks).

Conclusion

Dental malpractice claims in Missouri involve complex legal and medical issues, from expert affidavits to damage caps. Victims must act swiftly to preserve their rights. If you suspect negligence, consult a Missouri dental malpractice attorney immediately to assess your case.