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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. Domnick Cunningham & Yaffa is here to guide you through this process and help you seek the compensation you deserve.
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:
These symptoms can significantly impact your quality of life and may require ongoing medical treatment or therapy.
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:
The dentist owed you a duty of care. This means there was a professional relationship where the dentist was expected to provide competent care.
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.
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.
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.
If you believe your nerve damage resulted from dental malpractice, there are several steps you should take to protect your rights:
Immediately consult with a medical professional to assess the extent of your nerve damage and receive appropriate treatment.
Keep detailed records of your symptoms, treatments, and any communications with your dentist. This documentation will be crucial for building your case.
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.
Reach out to a knowledgeable medical malpractice attorney, such as those at Domnick Cunningham & Yaffa, who can evaluate your case and guide you through the legal process.
Filing a medical malpractice claim in Florida involves several steps and can be quite complex. Here’s an overview of what you can expect.
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.
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.
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.
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.
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.
Medical malpractice cases, particularly those involving dental procedures, can be challenging to prove. Some of the common obstacles include:
Navigating a medical malpractice claim can be daunting, but with the right legal representation, you can improve your chances of a successful outcome. At Domnick Cunningham & Yaffa, we have extensive experience handling medical malpractice cases, including those involving dental nerve damage. Our team will:
If you or a loved one has suffered nerve damage after dental work in Florida, don’t hesitate to contact 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.
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 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—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.
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