Can I file a suit for a damaged nerve? 11 Answers as of April 29, 2013I had all four of my wisdom teeth pulled at the same time by an oral surgeon. I was told six months it should be healed now it’s been 10 months. I have to continue tighten like a band is pulling my lip and chin and more pain when I try to eat or just chewing. Do I have a case? This seems be something I have to live with the rest of my life.
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Well, technically, the nerves from your teeth sometimes get involved with the mandibular nerve that runs alongside the bone of your jaw. When a tooth gets pulled, sometimes the nerve is traumatized and you can get numbness. Sometimes the numbness goes away, and sometimes it does not. Most likely, your beef is with God, not the dentist, because the dentist cannot usually see the nerve without cutting your jaw open. This is a foreseeable problem, and therefor is not usually considered malpractice.
Answer Applies to: Michigan
Quinn Law Group, LLC | Sean E. Quinn
I would recommend that you consult an experienced medical malpractice attorney as soon as possible. To pursue a medical malpractice case in Pennsylvania, you first need to establish that the physician was negligent. This is often referred to as deviating from the standard of care. In layman's terms though, it means the doctor made a mistake. Evaluating whether the physician made a mistake is, however, only the first step. The second component of the analysis focuses on what is known as causation meaning was your current injury caused by the negligence of the physician. Bad results sometimes occur even with the best of care. It does not always mean that a mistake was made. There has to be a causal link between the negligence and the injury or damages. I cannot tell from the information you provided whether you have a meritorious malpractice claim. An attorney would need to review the records and have the claim evaluated by another oral surgeon.
Answer Applies to: Pennsylvania
Gates' Law, PLLC | Thomas E. Gates
If the oral surgeon followed the procedures that an average oral surgeon would have followed, you likely do not have a case. The surgeon should have told you the risks associated with the procedure. He told you about the healing time and, you may just need more time to heal since the time given is the average time that patients take to heal.
Answer Applies to: Washington
Candiano Law Office | Charles J. Candiano
With all due respect, you have no idea what is causing your pain or whether it can be remedied. Before you seek legal advice you need to have the medical facts. I would suggest that you visit a reputable oral surgeon for an opinion as to what can be done to relieve your discomfort. If the doctor tells you nothing can be done, then asked him if the symptoms that you are experiencing are a reasonably foreseeable consequence of the procedure that was performed. If the doctor says that they are a reasonably foreseeable consequence of the procedure that you underwent, there is clearly no malpractice.
Answer Applies to: Illinois
Conway Law Pllc. | B. L. Conway
Possibly, the answer will depend on a review of the entire record to determine whether there was a breach of the standards of care which caused you injury. You also have the right to file a complaint with the Board of Dentistry and it will review the matter.
Answer Applies to: Virginia
Andrew T. Velonis, P.C. | Andrew Velonis
Dental malpractice cases are always difficult to prove, as well as expensive and time consuming. A bad result does not always indicate malpractice. You will have to be able to prove a failure to conform to accepted practice, and resulting injury as well, and expert witness testimony is required for that reason. In order to be able to pursue the matter, the consequences would have to be severe enough to merit a substantial enough recovery to justify the time and expense. That being said, although you were told that it "should" be healed within six months, that is no guarantee. What does your oral surgeon say about the delayed healing? A procedure such as this does carry the possiblity of complications, no matter how well the doctor performs. Finally, you don't state how it is you know there is nerve damage.
Answer Applies to: New York