Can You Sue a Dentist for Nerve Damage?

Yes, you can sue a dentist for nerve damage. If a dentist’s negligence causes nerve damage, you have the right to seek compensation for your injuries. This process involves understanding what constitutes dental malpractice, gathering evidence to prove negligence, and navigating the legal system to file a lawsuit.

Victims of dental malpractice often face challenges such as proving the extent of their injuries and the dentist’s liability. You should also understand the legal grounds for suing a dentist and the types of damages you could claim.

 A Washington dental malpractice lawyer can help guide you through this complex process, ensuring your rights are protected and you receive the compensation you deserve.

Understanding Dental Malpractice and Its Connection to Nerve Damage

Dental malpractice occurs when a dentist fails to provide the standard of care that a competent dentist would offer under similar circumstances, resulting in harm to the patient. Nerve damage can arise from various forms of dental malpractice, significantly impacting a patient’s quality of life. Below are examples of dental malpractice that can lead to nerve damage:

•   Incorrect tooth extraction: Removing the wrong tooth or causing excessive trauma during extraction can damage surrounding nerves.
•   Improperly placed implants: Poorly positioned dental implants can impinge on nerves, leading to chronic pain or loss of sensation.
•   Faulty root canal procedures: Over-instrumentation or chemical burns during a root canal can injure the nerves in the jaw.
•   Negligent oral surgery: Inadequate surgical techniques or lack of proper precautions during procedures like wisdom tooth extraction can harm nerves.
•   Failure to diagnose oral conditions: Ignoring or misdiagnosing conditions such as infections or tumors can lead to nerve damage if the underlying issue progresses untreated.

If you have experienced one of these forms of malpractice or something else that has resulted in nerve damage, you may have grounds to file a personal injury claim. A dental malpractice lawyer can review your case and explain your options.

Gathering Evidence to Prove Dental Malpractice

Proving dental malpractice requires substantial evidence to demonstrate that the dentist’s actions directly caused nerve damage. Collecting the right evidence is critical to building a strong case. Here are key types of evidence to gather:

•   Dental Records: Obtain your complete dental records, including x-rays, treatment plans, and notes from all dental visits.
•   Medical records: Secure medical records that document your nerve damage diagnosis and any related treatments or consultations.
•   Expert testimony: Engage a dental expert to review your case and provide a professional opinion on whether the standard of care was breached.
•   Photographic evidence: Take clear photos of any visible injuries or abnormalities resulting from the dental procedure.
•   Personal testimony: Keep a detailed journal of your symptoms, pain levels, and how the nerve damage has impacted your daily life.
•   Witness statements: Collect statements from anyone who witnessed the dental procedure or its aftermath, including family members or other dental professionals.

By compiling this evidence, you can effectively demonstrate the dentist’s negligence and establish a link between their actions and your nerve damage.

Navigating the Legal System to File a Dental Malpractice Lawsuit

Filing a lawsuit involves several steps and processes that ensure your case is properly presented and heard in court. Here’s a brief explanation of what this entails:

Consulting With a Lawyer

The first step is to seek legal advice from a dental malpractice lawyer who can evaluate your case and advise you on the viability of your claim.

Filing a Complaint

Your lawyer will draft and file a legal document called a complaint with the appropriate court. This document outlines your allegations against the dentist, including the specifics of the negligence and the damages you are seeking.

Serving the Defendant

The dentist (defendant) must be formally notified of the lawsuit through a process called service of process. This ensures the defendant is aware of the legal action and has the opportunity to respond.

Discovery Process

Both parties engage in discovery, where they exchange information and gather evidence. This can include depositions, interrogatories, requests for documents, and expert witness testimonies.

Settlement Negotiations

Many cases are settled out of court through negotiations. Your lawyer will work to reach a fair settlement that compensates you for your injuries. If a settlement is not reached, the case proceeds to trial.

Trial

If the case goes to trial, both sides present their evidence and arguments. A judge or jury then decides the outcome based on the evidence presented.

Your Legal Grounds for Suing a Dentist

To sue a dentist for nerve damage, you must meet specific legal criteria that establish dental malpractice. These elements are essential for proving your case and obtaining compensation. The key elements include:

•   Duty of Care: The dentist’s responsibility to follow standard dental procedures.
•   Breach of Duty: The point when the dentist deviated from standard procedures.
•   Causation: The injury you suffered as a result of the breach.
•   Damages: Your hardships, physical, financial, and emotional.

When suing a dentist for nerve damage, you can request various types of damages to compensate for your losses. A personal injury attorney can help you assess and calculate the value of the damages in your case. Your damages may include:

•   Medical expenses: Costs for treatments, surgeries, and ongoing care related to the nerve damage.
•   Lost wages: Compensation for income lost due to inability to work during recovery.
•   Pain and suffering: Damages for physical pain and emotional distress caused by the injury.
•   Loss of enjoyment: Compensation for the diminished quality of life and inability to enjoy daily activities.
•   Future medical costs: Anticipated expenses for long-term care and rehabilitation.

These damages aim to restore your financial and emotional well-being after experiencing dental malpractice.

Your State’s Statute of Limitations Sets the Deadline to File a Lawsuit

The statute of limitations is the legal deadline for filing a lawsuit for damages. For example:

•   Washington: Under RCW § 4.16.350, you generally have three years from the date the injury occurred. However, you are also given one year from the date it was reasonable for you to discover the injury.
•   Colorado: Under CO. Rev. Stat. § 13-80-102.5, you generally have two years from the date of the incident or two years from the date the error was discovered.

Call Jackman Law Firm Today

If you have suffered nerve damage from a dental procedure, reach out to Jackman Law Firm today. We provide a free case consultation.