No one who goes in for a routine dental procedure expects to come out with nerve damage. Unfortunately, this is the reality for many patients who experience dental malpractice. If you suffered from nerve damage from dental treatment, you can seek compensation for your injury through a personal injury lawsuit against the dentist, dental assistant, or dental office responsible.
Contact Lance Ehrenberg, Esq. for an initial consultation about your case and to learn more about your legal options for recovering the compensation you need and deserve. Attorney Ehrenberg will review your case and answer any questions you have about the legal process.
What Is Nerve Damage?
Dental treatments can damage the trigeminal nerves that run through the upper and lower jaw, causing various symptoms that disrupt the patient’s life. When nerves suffer damage, they can no longer properly send signals to the brain, often leading to either the nerves not sending signals or sending excessive signals to the brain. Some of the most common symptoms of trigeminal nerve damage include:
- Pain in the affected area
- Numbness or tingling in the affected area
- Difficulty eating or speaking
- Prolonged sensitivity
- Speech problems
- Drooling
- Foods and liquids fall out of your mouth
- Electric shock feelings
While this nerve damage is sometimes temporary and victims recover over time, it can also be permanent and significantly impact the victim’s quality of life. For example, as a result of having difficulty communicating, victims may suffer from depression caused by feelings of isolation.
Common Dental Treatments That Can Result in Nerve Damage
Various dental treatments can result in nerve damage if performed incorrectly. Some of the most common treatments resulting in injury to nerves include:
- Tooth Extractions – Improperly extracting teeth, particularly wisdom teeth, can lead to damaged nerves. If a dental professional misdiagnosed you with a condition that required an extraction that led to nerve damage, that may qualify as medical malpractice, as well.
- Dental Implants – Improperly fitted dental implants can compress or sever nerves, causing injury. Dental professionals should always take steps to mitigate these issues, such as by ordering medical imaging of the affected area prior to surgery.
- Root Canal Procedures – Overfilling a root canal can damage nearby nerves, and chemicals used during the procedure can cause irritation.
- Anesthesia Injections – Incorrectly injecting local anesthesia can sever nerves or cause other damage.
- Jaw Surgeries – Nerves that run through the jaw also affect other parts of the face. Surgeries are a significant risk as doctors work in close proximity to these nerves.
Proving Dental Malpractice in Nerve Damage Cases
To prove dental malpractice, you must have evidence showing that the dental professional’s negligence caused your harm. While this can be more challenging than proving negligence in other types of accident cases where there may be video or eyewitness evidence, an experienced attorney can help you by:
- Identifying Medical Errors – The first step in holding a dental professional liable for your nerve damage is identifying the medical error they committed. This could involve performing surgery on the wrong part of your mouth or not following medical standards during your treatment.
- Linking the Error to Your Injury – A crucial part of your case is to link the dental professional’s mistake with your injury. You must show that your injury wouldn’t have occurred if it hadn’t been for negligence.
- Hiring Expert Witnesses – One of the best ways to identify dental negligence and connect it to your injury is to hire an expert witness. Expert witnesses in dental malpractice cases are typically other dental professionals who can provide important context, including how the dental provider who injured you strayed from industry norms.
- Examining Medical Records – Your medical records are among the most important evidence in your case. They’ll include the dental treatment you underwent leading up to your injury and the aftermath.
Compensation for Nerve Damage Victims
The compensation available to victims of dental treatment nerve damage includes:
- Medical Expenses – Compensation for past and future medical expenses related to your injury, including surgeries, medical treatments, prescription medications, and physical therapy
- Lost Wages – Compensation for the income you lost while recovering from your injury or will lose because of your injury’s impact on your ability to work
- Pain and Suffering – Compensation for the physical pain and emotional suffering you experience because of your injuries, including anxiety and depression
Nerve damage injuries can be long-lasting or even permanent, making it essential to know your case’s worth. It’s vital to accurately assess your long-term medical care costs to receive the compensation you deserve.
How an Attorney Can Assist with Your Case
An experienced dental malpractice attorney can assist you with your case in the following ways:
- Identifying the Liable Parties – Our attorneys will investigate your case to identify the liable parties, including the dentist, anesthesiologist, or dental facility.
- Collecting Evidence – Our attorneys will collect evidence demonstrating the at-fault party’s negligence.
- Calculating Your Damages – Our attorneys will use your medical bills, financial statements, and other reports to calculate your case’s value.
- Filing Your Lawsuit – Our attorneys will file your lawsuit within New York’s 30-month time limit for medical malpractice cases to protect your right to compensation.
- Negotiating with the Insurance Company – Our attorneys will negotiate with the insurance company on your behalf and seek a fair settlement that covers your expenses.
- Representing You in Court – If the insurance company refuses to offer a fair settlement, our attorneys will represent you in court and seek the maximum compensation.
Contact an Experienced New York Dental Malpractice Attorney
If you suffered nerve damage while receiving dental work, contact Lance Ehrenberg, Esq. immediately for a legal consultation. Attorney Ehrenberg can review your case, go over your options, and help you seek the compensation you deserve.