Have you ever wondered if you can sue a dentist in Maryland for dental nerve damage? This question is more common than you might think.

In Maryland, like in many states, patients who suffer nerve damage due to a dentist’s negligence have the right to seek dental nerve damage compensation for dental malpractice.

Dental malpractice Statute of Limitations in Maryland

If you’ve suffered nerve damage in a dental malpractice case, you may have a basis for filing a dental nerve damage claim in a personal injury case. You have a time limit of three years to file a claim after the discovery of nerve pain and tooth nerve damage.

Can I Really Sue My Dentist for Nerve Damage?

Are you still wondering, “Can I sue my dentist for nerve damage?”

If you are experiencing issues after dental treatment, you may have to seek both dental and legal remedies, even if it means you have to sue your dentist.

To submit a dental nerve damage claim, you’ll first need to prove negligence or that your dentist did not follow the standard of care that most dentists follow for most dental treatments and therapies.

Next, you’ll need to find out if you have permanent nerve damage from another dentist to establish your dental malpractice defense.

For instance, while you may experience some discomfort after a wisdom tooth extraction, it shouldn’t be ongoing. If you require further treatment after having your wisdom teeth pulled, you’ll also have to show proof that you required the therapy.

How Does Dental Nerve Damage Happen?

Dental nerve damage claims result from the carelessness of a dentist in one of various ways. Below is a summation of how dental negligence may occur.

  • The dentist may administer a local anesthetic improperly, either by inserting the needle too deeply or at the wrong site. In return, the dentist may damage a nerve. This can become especially problematic if the dentist works on the lower teeth. 
  • Excessive or careless drilling while using a high-speed drill may lead to drilling too deeply, thereby exposing or traumatizing a nerve. 
  • Complications during extraction can happen if the dentist tears stretches, or crushes a nerve. This may also occur if the dentist extracts the wrong tooth or uses too much force when pulling teeth. 
  • Medical negligence may occur during other dental procedures like root canals, filling a tooth, or fitting dental implants, all of which require working close to the nerves inside the mouth. 
  • If the dentist does not use care when using a surgical instrument or during irrigation, it can also lead to nerve damage symptoms in the pulp of a tooth. 
  • A dentist may also further complicate things by failing to detect an already damaged nerve and failing to treat it.

 

Identifying Negligence

Identifying Dental Negligence

To sue a dentist for negligence, it must be proven that the dentist acted carelessly, resulting in potential issues such as nerve damage. This means showing that your healthcare provider did not perform a procedure correctly or that they did so below the standard expected of a competent dentist for a dental treatment plan of care.

Therefore, to show dental negligence in a dental negligence claim, a lawyer must prove that the dental work led to tooth nerve damage and that it injured the patient’s gums or teeth and impacted the patient’s daily life.

Don’t overlook the fact that medical malpractice occurs if your dentist treated you and it has affected your lower teeth, upper teeth, or your entire lower jaw. You have a legal obligation to address areas of pain affected due to compromised and damaged nerves.

Lingual Nerve Damage

Negligence may result in lingual nerve damage. This occurs in the form of hyperaesthesia (an increase in sensitivity), anesthesia (a total loss of feeling), hypoaesthesia (reduced sensitivity), or dysesthesia (a sensation of pain). This damage occurs in the anterior or front two-thirds part of the tongue.

Damage to the Trigeminal Nerve

Sometimes, a dentist will cause permanent damage to the trigeminal nerve, which controls sensation in the face. The nerve, which features three main branches of nerves, transmits signals from the face to the brain via the ophthalmic branch and nerves in the upper and lower jaw.

Nerve damage in the upper jaw can also affect sinus drainage because of its close proximity to the sinus cavity. Blurred vision may result as well. However, other factors may also cause these problems, so you do need to seek further medical or dental care and advice.

Symptoms Resulting from Dental Malpractice

Symptoms Resulting from Dental Malpractice

Because of the carelessness of a dentist who did not exercise a reasonable duty of care, you may experience the following symptoms, all of which result in tooth nerve damage or a nerve injury.

  • Pain: This is the most noticeable symptom. The pain might be sharp or shooting, or you may experience constant pain. You may experience a worsening of the pain when coming into contact with hot or cold drinks or foods. 
  • Numbness or a Tingling Sensation: Sometimes, you might feel a loss of sensation or a tingling feeling in your mouth, lips, or face. This may happen after a dental procedure, which may lead to a single damaged nerve or may injure many other sensitive nerves. 
  • Taste Difficulty Chewing and Swallowing: Nerve damage can make it hard to chew, often due to pain or a lack of sensation in your teeth and gums. When you have taste difficulty eating or swallowing, it can also impact your overall nutrition. 
  • Pulling Sensation: Some patients may note a pulling sensation when they eat or brush. 
  • A Burning Feeling: Other patients complain of a burning sensation in their mouth. 
  • Swelling in the Mouth or Face: In some cases, nerve damage can cause swelling around the affected area – around the mouth or along the jaw line. 
  • Changes in Taste or General Taste Difficulties: You might experience a metallic taste or a significant change in your sense of taste.

Besides the above symptoms, you may suffer psychological trauma as well, something you often have to figure into the claim amount if you’re suing your dentist in a tooth nerve case.

Your symptoms can affect your life heavily, so you need to consider their overall impact on your quality of life and your long-term prognosis.

Speak to a Dental Malpractice Attorney Immediately

If you believe other dentists would have practiced more discernment, you need to speak with a lawyer immediately. Contact a lawyer if you’re still asking the question, “Can I sue my dentist for nerve damage?”.

Don’t worry about the legal fees, as you won’t be charged for your lawyer’s services unless they prove negligence and win your case.

Keep the Following Tips in Mind

Tips when filling dental malpractice claim

To file a claim, you’ll have to prove negligence as well as document the case. Keep detailed records of your dental visits, symptoms, and treatments post-injury to go forth with a dental malpractice claim. These documents are vital for building a strong case for dental negligence.

  • Statute of Limitations

Maryland law imposes a time limit for filing a lawsuit. Typically, you have three years to act from the date of the injury.

  • Expert Testimony

Often, you’ll need an expert witness, usually another dentist, to testify about what a competent dentist would have done differently.

  • Calculating Damages

Compensation can cover medical bills, lost wages, and pain and suffering – both economic and non-economic damages. An accurate calculation is critical to ensure fair compensation. Your lawyer uses certain algorithms or formulas to make sure you receive what you rightfully deserve.

  • Settlement vs. Trial

Many cases settle out of court. However, if a fair settlement isn’t offered, be prepared to go to trial. While a settlement may last from a few weeks to several months, a trial may stretch out over a year or more.

How a Dentist’s Negligence Can Cause Nerve Damage?

During dental treatments, nerves in the jaw and face are at an increased risk for injury. These nerves affect feeling and movement in the mouth, lips, and cheeks.

If a dentist is not careful, they might damage these nerves. This can happen during routine procedures like tooth extractions, implant placements, or even when filling teeth.

What Procedures Can Lead to Permanent Nerve Damage?

Procedures that Can Lead to Permanent Nerve Damage

A dental procedure, while generally safe, can sometimes go wrong. In Maryland, certain dental treatments pose a higher risk of causing permanent nerve damage or injury.

  • Removal of Teeth

Tooth extractions, particularly the removal of wisdom teeth, can lead to nerve damage, as these far-back teeth sit close to the nerves.

  • Placing a Dental Implant

Similarly, dental implants, involving drilling into the jawbone, can harm nearby nerves if the procedure is not done properly.

  • Root Canal Therapy

Other dental treatments, such as root canals, can cause nerve damage if dental instruments penetrate too deeply.

  • Administering a Local Anesthesia

Local anesthesia, essential for pain-free procedures, can also lead to tooth nerve injuries if improperly administered or injected.

  • Filling a Tooth

Getting a tooth filled is common. Most times, it’s safe and painless – among the most pleasant of the most common dental procedures. But sometimes things go badly.

Nerve damage can happen when the filling is too deep or not done properly.

Nerve Damage in the Front Teeth

Nerve damage in the front teeth is a serious matter. It can result from various treatments, especially the placing of implants. This type of damage often leads to pain, numbness, or a tingling feeling around the lips. In some cases, this condition can even affect your smile and overall facial appearance.

Nerve Damage From Implants

Dental implants are a popular way to replace missing teeth. But, like any procedure, they come with certain risks. Nerve damage is one of these risks. This can happen if the implant touches or damages the nerves in your jaw.

The result? Discomfort, numbness, or a tingling sensation in your lips, gums, or face. If not done carefully, a dentist’s actions can harm nearby nerves. This isn’t just uncomfortable. It can affect how you talk, eat, and smile.

What Happens if I File a Dental Lawsuit?

Sue the dentist for dental nerve damage

When you file a dental lawsuit, your lawyer will handle the legal paperwork and will ensure all procedures are correctly followed. If a settlement isn’t reached, your case might end up going to trial.

How Much Does it Cost to File a Nerve Injury Dental Malpractice Claim?

When facing a nerve injury due to dental work, you might worry about the costs of making a claim.

The Law Offices of Alex Poberesky often provide services on a contingency fee basis.

Therefore, you don’t owe anything unless you win your claim. Typically, this fee is a percentage of your settlement.

Other costs might include court fees or expenses for gathering medical evidence, all of which can be taken out of the settlement amount.

Forms Of Dental Nerve Damage Claims

Dental nerve damage in Maryland can arise in various forms, each with its own unique challenges. Moreover, most dental procedures fall under this category.

For example, a patient may experience direct trauma. This happens when a dental procedure, like an extraction or implant, physically harms the nerve.

A dentist may also improperly treat a tooth. Imagine a root canal or tooth extraction done improperly, leading to nerve damage and discomfort: a common reason for filing dental malpractice cases.

A failure to diagnose or treat infections promptly can also harm nerves, causing long-term issues affecting the nerves.

Speak With a Medical Malpractice Lawyer Now

The Law Offices of Alex Poberesky have a deep understanding of Maryland’s dental malpractice laws and a strong track record in medical/dental claims. If you’ve suffered nerve damage or underwent a failed root canal treatment, you need to speak to a lawyer immediately.

Reach out now for your free case medical malpractice evaluation and take the first step towards protecting your rights and securing your future today. Receive the dental nerve damage compensation you need for your dental malpractice claim.