Can You Sue a Dentist for Lingual Nerve Damage?

You can sue a dentist for lingual nerve damage when their negligence or malpractice caused your injury. Lingual nerve damage can cause potentially long-term pain and numbness in your tongue, cheek, jaw, and face. A Fort Lauderdale dental malpractice lawyer can help you recover the costs of your resulting medical and dental care, lost income, pain and suffering, and more.

You do not have to sue a dental professional for compensation alone. Most personal injury law firms will review your case at no cost or obligation. During your free consultation, you can learn more about the merits of your case, your rights as the injured party, and the negligent dentist’s financial liability. You can also learn more about how dental lawsuits work.

What Is Lingual Nerve Damage?

The lingual nerve runs along both sides of the back of the tongue and sends messages that allow you to feel and control the floor of your mouth, front of your tongue, and jaw. If damaged, it can disrupt your daily life by causing the following conditions: 

• Dry mouth and difficulty speaking
• Loss of sensitivity to heat and cold 
• Numbness or tingling in the gums, tongue, and cheeks
• Pain, burning, or crawling sensation
• Uncontrollable drooling and loss of taste
• Uncontrollable tongue and cheek biting

Recovering your dental and overall health is equally important to recovering your financial damages. Track your symptoms and get—and keep getting—all required dental and medical care to treat the damage to your lingual nerve.

What Dental Procedures Can Cause Lingual Nerve Damage?

Multiple mouth and tooth issues require dental procedures and surgeries. However, some procedures pose a greater risk than others. According to Anatomy, Head and Neck, Lingual Nerve research, common causes of nerve damage from dental procedures include:

• Lingual flap retraction
• Mandibular resection
• Nerve block injections 
• Salivary gland surgery 
• Second molar implants 
• Suspension laryngoscopy
• Third molar tooth extraction
• Tumor removal

Your dental records will document your treatment and any corrective treatment you require.

Who Can You Sue for Lingual Nerve Damage?

Negligence during any dental procedure could cause lingual nerve damage. If you or a loved one sustained lingual nerve damage, you could sue:

• Orthodontists
• Endodontists
• Periodontists
• Oral surgeons
• Cosmetic dentists
• Anesthesiologists

This list may not include the title or specialty of the dentist who treated you. The best way to understand your right to sue for damages is to let a medical malpractice lawyer clarify your options.

How Do You Prove a Dentist’s Negligence Caused Your Nerve Damage?

To sue a dentist for malpractice, you must prove they breached their professional duty because the care they provided did not meet the acceptable standard of care. Establishing the required elements for proving medical or dental negligence includes proving the following:

• A dentist-patient relationship existed
• The dental professional was negligent
• Their negligence led to your nerve damage
• Your injuries had negative consequences

These elements of negligence allow you to pursue the at-fault medical professionals for damages. A compelling evidence file will establish them for you. 

What Is the Process for Filing a Lawsuit?

A lawsuit starts with filing the appropriate papers in a court of law. You must file them within the allotted time. From there, you will:

• Collect and organize evidence.
• Obtain the mandatory Certificate of Merit.
• Have the at-fault party served.
• Pay any filing fees.

Most dental malpractice lawsuits will settle out of court, so be prepared to negotiate with the insurance company or hire a lawyer to negotiate on your behalf. Most will do so on a contingency fee basis. 

What Kind of Evidence Do You Need to Prove Negligence?

Your case file will tell the story of your current condition, the circumstances that led to it, and your anticipated recovery and costs. 

The evidence we collect for your lingual nerve damage case will include:

• Dental records, including X-rays
• Medical records and prescriptions 
• Medical bills and prognosis
• Statements from the dental staff
• Statements from expert witnesses

A medical malpractice lawyer in your area can help you understand the precise evidence your case needs, how to assess and collect it, and how and when to present it to the appropriate insurance company.

What Compensation Can You Get When You Sue a Dentist?

The damages you can recover in a personal injury lawsuit will vary based on the extent of your injury, its impact on your life, and the cost and length of your recovery period. You could receive compensation for the following:

• Past, present, and future dental expenses, including corrective procedures
• Past, present, and future medical bills to treat related healthcare issues
• Past, present, and future lost income when lingual nerve damage prevents you from working
• Ongoing physical pain and suffering caused by the discomfort of your injuries and the grueling recovery process

Create a detailed list and collect receipts, bills, and estimates documenting your known and anticipated costs. 

How Long Do You Have to File a Dental Malpractice Lawsuit?

According to Florida Statutes § 95.11(5)(c), you generally have two years to file your dental malpractice lawsuit. Failing to file your lawsuit within the allotted time could bar you from filing it. Moreover, if you file after the deadline passes, the insurance company will request immediate dismissal. 

The date of your dental records, billing statements, and pharmacy order can help you prove and comply with the filing deadline. 

Call Today for a Free Review of Your Lingual Nerve Damage Claim

If you or someone you love suffered lingual nerve damage after receiving dental care, Chalik & Chalik Injury Lawyers will help you seek compensation. We will investigate your claim, consult dental experts to produce a Certificate of Merit, and file the appropriate legal action.

Please find out how hard we will work to build the strongest possible case for you. Contact our consultation team today to get started.