Can I Sue for Medical Malpractice if I Suffer Nerve Damage After Dental Work?

Dental procedures, while generally safe and routine, carry some risks. One of the more severe complications that can arise is nerve damage. This type of injury can lead to persistent pain, numbness, or even loss of function. If you’ve suffered nerve damage following dental work in Florida, you may wonder if you have grounds to sue for medical malpractice. Understanding your legal rights and the complexities of medical malpractice claims can help you navigate this challenging situation. Rafferty Domnick Cunningham & Yaffa is here to guide you through this process and help you seek the compensation you deserve.

Understanding Nerve Damage from Dental Work

Nerve damage can occur during various dental procedures, such as tooth extractions, root canals, or dental implant placements. The most commonly affected nerves are the inferior alveolar nerve, the lingual nerve, and the mental nerve. Damage to these nerves can result in symptoms like:

• Persistent pain or discomfort
• Numbness in the tongue, lips, or chin
• Tingling or burning sensations
• Loss of taste
• Difficulty speaking or chewing

These symptoms can significantly impact your quality of life and may require ongoing medical treatment or therapy.

What Constitutes Medical Malpractice?

Medical malpractice occurs when a healthcare professional, including dentists, fails to provide the standard of care that a reasonably competent professional would have provided under similar circumstances. To prove medical malpractice in Florida, you must establish the following elements:

Duty of Care

The dentist owed you a duty of care. This means there was a professional relationship where the dentist was expected to provide competent care.

Breach of Duty

The dentist breached that duty by providing substandard care. This breach could be due to negligence, such as improper technique, failure to diagnose a condition, or inadequate postoperative care.

Causation

The breach of duty directly caused your nerve damage. It must be shown that your injury was a direct result of the dentist’s actions or inactions.

Damages

You suffered actual damages as a result of the nerve damage. This can include medical expenses, lost wages, pain and suffering, and other related costs.

Steps to Take If You Suspect Malpractice

If you believe your nerve damage resulted from dental malpractice, there are several steps you should take to protect your rights:

• Seek Medical Attention

Immediately consult with a medical professional to assess the extent of your nerve damage and receive appropriate treatment.

• Document Everything

Keep detailed records of your symptoms, treatments, and any communications with your dentist. This documentation will be crucial for building your case.

• Get a Second Opinion

Consult another dental professional to evaluate your condition and provide an unbiased opinion on whether the original dentist’s actions deviated from the standard of care.

• Contact an Attorney

Reach out to a knowledgeable medical malpractice attorney, such as those at Rafferty Domnick Cunningham & Yaffa, who can evaluate your case and guide you through the legal process.

The Legal Process of a Medical Malpractice Claim

Filing a medical malpractice claim in Florida involves several steps and can be quite complex. Here’s an overview of what you can expect.

Pre-Suit Investigation

Before filing a lawsuit, Florida law requires a thorough investigation to determine if there are grounds for a claim. This includes obtaining medical records and consulting with medical experts.

Notice of Intent to Sue

If the investigation supports your claim, your attorney will file a Notice of Intent to Sue, which informs the dentist and their insurance company of your intent to pursue legal action. This notice initiates a 90-day period during which the parties can try to settle the claim out of court.

Filing the Lawsuit

If a settlement is not reached during the pre-suit period, your attorney will file a formal complaint in court. This document outlines your allegations and the damages you are seeking.

Discovery

Both sides will gather evidence through depositions, interrogatories, and requests for documents. This phase can be lengthy and involves collecting all pertinent information to build your case.

Trial or Settlement

Many medical malpractice cases are settled out of court, but if a settlement cannot be reached, your case will go to trial. During the trial, both sides will present their evidence, and a judge or jury will determine the outcome.

Challenges in Medical Malpractice Cases

Medical malpractice cases, particularly those involving dental procedures, can be challenging to prove. Some of the common obstacles include:

• Proving Causation: It can be difficult to establish a direct link between the dentist’s actions and your nerve damage. Expert testimony is often required to demonstrate this connection.
• Statute of Limitations: In Florida, you have two years from the date you discovered or should have discovered the injury to file a medical malpractice claim. However, there are exceptions and specific rules that can affect this timeline.
• Expert Witness Requirement: Florida law requires that a medical expert in the same field as the defendant provide an affidavit attesting that there are reasonable grounds to believe malpractice occurred.

How Rafferty Domnick Cunningham & Yaffa Can Help

Navigating a medical malpractice claim can be daunting, but with the right legal representation, you can improve your chances of a successful outcome. At Rafferty Domnick Cunningham & Yaffa, we have extensive experience handling medical malpractice cases, including those involving dental nerve damage. Our team will:

• Conduct a thorough investigation of your case
• Consult with medical experts to strengthen your claim
• Handle all legal paperwork and communications
• Advocate for your rights in negotiations and in court

If you or a loved one has suffered nerve damage after dental work in Florida, don’t hesitate to contact Rafferty Domnick Cunningham & Yaffa for a free consultation. We are committed to helping you seek the compensation you deserve and holding negligent professionals accountable for their actions.

Contact Rafferty Domnick Cunningham & Yaffa Today

Experiencing nerve damage after dental work can be a distressing and life-altering event. Understanding your rights and the legal options available to you is crucial in seeking justice and compensation. By following the appropriate steps and working with experienced legal professionals like those at Rafferty Domnick Cunningham & Yaffa, you can navigate the complexities of a medical malpractice claim and work towards a favorable resolution. Remember, you don’t have to face this challenge alone—Rafferty Domnick Cunningham & Yaffa is here to support you every step of the way.   Reach out to us at 561-516-5168 or book a consultation online to schedule a consultation and learn more about how we can assist you.