Going to the dentist is rarely anyone’s idea of a good time. Most people dread their six-month teeth cleanings and happily put off dental procedures until it’s their last resort. Even though most dental work goes off without a hitch, sometimes complications can unfortunately occur.
Did you know that nerve damage is possible during a dental procedure? While it’s not common, it can happen, especially after undergoing a root canal, tooth extraction, or when you get dental implants.
If you are experiencing ongoing pain or have a change in taste or mouth function, you may be suffering from nerve damage, and it can be permanent. You may also be able to seek compensation. However, before filing a medical malpractice claim there are a few things you should consider.
Dental Procedures That Can Cause Nerve Damage
Before you start considering filing a malpractice claim against your dentist, wait a couple of days after the procedure—this especially applies if anesthesia is used. Sometimes, the anesthesia can take a few days to wear off. The tingling sensation and lack of taste may only be a residual effect and will go away once the anesthesia is out of your system. If your symptoms persist, you may be suffering from nerve damage.
Chances are, you’re not going to experience nerve damage with routine teeth cleaning. The procedure is relatively non-invasive. Yes, dental implements are being shoved in your mouth but only your teeth are being scraped and cleaned. The dentist and dental hygienist aren’t getting into your gums where your nerves are located.
Some procedures do involve your gums and this is when nerve damage can occur. Typically, this only happens when the procedure involves working close to one or both of the major nerves in your mouth. These are the lingual nerve located in the floor (bottom) of the mouth and the inferior alveolar nerve found in the lower jaw.
These nerves can be damaged by drilling too deeply into the lower jar, for example, when you’re getting a dental implant. Nerve damage can also occur if your tooth enamel is severely eroded, which can leave your nerve endings exposed and overly sensitive to stimuli. The issue can become permanent if your dentist misses signs or symptoms of potential nerve damage during your bi-annual checkups.
Common Symptoms of Nerve Damage
Remember, sometimes, the after-effects of anesthesia can mimic nerve damage. However, if your symptoms persist more than a couple of days after the procedure, you may have the grounds of a medical malpractice case. What are some of the common signs and symptoms of nerve damage? They include:
- lack of feeling in your mouth on and/or around the treated area
- Tingling sensations in your mouth
- Burning or ‘stabbing’ pain
- Food and beverages taste differently or lack any taste
- Speaking normally (pronunciation) is difficult
If you have trouble eating normally, including chewing and even keeping foods and liquids in your mouth, it can be a sign of nerve damage. If any of these symptoms last longer than thirty days, it’s best to seek a second opinion. Not all cases of nerve damage are permanent, but you want to start treating the issue early. You may also have a medical malpractice case against the original dentist.
Your symptoms and the severity play a role in your medical malpractice suit, along with your long-term prognosis. If your symptoms are minor and expected to dissipate over time, you may not have the grounds to file a suit against your dentist.
Steps for Filing a Dental Malpractice Case
If your symptoms are severe, expected to last for years or a lifetime, and negatively impact your daily life, contacting a medical malpractice attorney should be your next step. You don’t want to wait too long. Florida has a statute of limitations on medical malpractice suits. You have two years to file a lawsuit from the date the injury is discovered or four years from the date of the dental procedure.
Yes, these statutes are a little confusing and the deadlines aren’t set in stone. There can be exceptions that work for or against you, so it’s best to act promptly. If you miss a deadline, you may not be able to move forward with your medical malpractice case. So, what are the steps to follow in filing a malpractice case against your dentist?
Establish Your Patient Relationship with the Dentist
You can’t randomly sue dentists, even if you dislike the entire profession. You must show there is a patient-practitioner relationship. Don’t worry, this is relatively easy to prove without making another appointment. Your original email confirmation of your appointment is usually more than enough to prove a patient-practitioner relationship.
Prove Breach of Duty
You’ll probably need to get a second opinion from another practicing dentist. You need to show that your original dentist didn’t follow proper guidelines and/or protocols during your procedure. This usually requires an expert opinion.
Show Proof of Injury
While you’re proving a breach of duty, go ahead and ask the consulting dentist to verify your injury. This is necessary for proving your injury claim.
Link the Injury to Your Dental Procedure
Even after proving you have a nerve injury, you still need to link it to the dental procedure. If you can’t link the injury to the procedure, the defense can claim it occurred due to other circumstances/causes.
The dental expert working on your case should be able to provide proof. You’ll need this in writing, and the expert may be called as a witness if your medical malpractice case goes to trial.
File Your Medical Malpractice Claim
The final step is filing your claim, and this is often best left to your attorney. Your lawyer understands the filing process and is familiar with any relevant deadlines.
Don’t Suffer In Silence if Your Dental Procedure Goes Wrong
If you suffer nerve damage as a result of a dental procedure, it's important to remember that you have legal rights and shouldn't endure this in silence. Scheduling a consultation with a medical malpractice attorney is a vital step toward seeking justice and compensation for your injury.
An experienced attorney can provide invaluable assistance in navigating the complex legal landscape of medical malpractice, ensuring that you are fairly compensated for your nerve damage's physical and emotional toll.