Miami Dental Malpractice Lawyer

Dental procedures are often performed to relieve pain, restore function, or protect a patient’s oral health. When a dental procedure is performed negligently, however, the resulting injury can extend well beyond the teeth and gums. Damage to a nerve can cause persistent pain, numbness, tingling, burning sensations, altered sensation, or loss of normal function.

Nerve injuries are an especially important issue in certain dental procedures involving the jaw, teeth, and surrounding structures. When an instrument, needle, implant, extraction technique, or other treatment damages a nerve, the patient may experience symptoms that continue long after the dental procedure is completed. In serious cases, the injury can require additional treatment and may have permanent consequences.

At Sotolongo Law, we approach these cases as medical malpractice claims that require careful attention to both the dental treatment and the resulting injury. Miami dental malpractice lawyer Pedro P. Sotolongo has more than 20 years of medical malpractice experience, including five years representing healthcare providers and insurers in medical malpractice defense. That experience provides an understanding of how healthcare providers evaluate claims involving technical questions about the standard of care.

What Does Dental Malpractice Involving Nerve Damage Look Like?

A dental malpractice claim can arise when a dentist or other dental healthcare provider fails to provide the level of care expected of a reasonably prudent provider under similar circumstances and that failure causes an injury. Florida law places the burden on the claimant to prove that the provider breached the prevailing professional standard of care and that the breach proximately caused the injury. The existence of an injury alone does not establish negligence.

Nerve damage may be alleged in connection with several types of dental treatment. For example, a claim may involve an extraction, dental implant procedure, oral surgery, injection of local anesthetic, or other procedure performed near a nerve.

The specific anatomy involved is important. Certain nerves run through or near areas of the jaw where dental procedures are performed. A procedure that comes close to one of these structures may require careful planning and execution. The investigation therefore may involve dental imaging, treatment records, informed-consent documentation, procedure notes, and expert review.

Not every nerve injury after dental treatment is malpractice. Nerves can sometimes be injured as a recognized complication even when a procedure is performed appropriately. The central issue is whether the injury resulted from a departure from the applicable professional standard of care.

Nerve Damage After Tooth Extraction

Tooth extraction is a common dental procedure, but some extractions involve teeth located close to important nerves. When an extraction is performed near a nerve, the patient’s anatomy and the location of the tooth can be important considerations.

A patient who develops numbness, tingling, burning, altered sensation, or pain following an extraction may need to be evaluated to determine the cause. The timing and nature of symptoms can provide important information. Dental imaging obtained before or after the procedure may also be relevant.

A malpractice investigation may examine whether the provider appropriately evaluated the patient’s anatomy, planned the procedure, recognized relevant risks, and performed the extraction in accordance with the applicable standard of care.

The presence of postoperative numbness does not by itself establish that the extraction was negligent. Expert dental or medical review is necessary to determine whether the injury was a reasonably foreseeable complication of properly performed treatment or resulted from negligent care.

Nerve Injuries From Dental Implants

Dental implants require placement of an implant into the jaw in a location that permits the restoration to function while avoiding important anatomical structures. When an implant is improperly positioned, a nerve can potentially be affected.

A patient who develops persistent sensory changes after implant placement may undergo additional imaging or evaluation. If an implant is found to be improperly positioned and is contributing to the patient’s symptoms, corrective treatment may be necessary.

Depending on the circumstances, treatment may involve removing or repositioning the implant, addressing the affected area, or pursuing other measures recommended by a dental or medical professional. A patient may also need ongoing care for pain or altered sensation.

The legal question remains whether the placement or other treatment fell below the applicable standard of care and caused the injury. A poorly positioned implant can be evidence worth investigating, but it is not automatically proof of malpractice.

Other Dental Procedures That Can Cause Nerve Injuries

Nerve damage can potentially be associated with other procedures involving the mouth and jaw. Oral surgery, injections, treatment involving impacted teeth, and other procedures may take place near nerves or other sensitive structures.

The particular procedure matters because the applicable standard of care depends on the circumstances and the type of provider involved. The investigation should therefore be tailored to the treatment rather than relying on a general assumption about what should have happened.

In some cases, the injury may be temporary. In others, symptoms can persist and significantly affect everyday activities. Chronic pain or altered sensation can affect eating, speaking, sleeping, working, and social interactions. The extent and duration of the injury are important when evaluating the consequences of the alleged malpractice.

How Is Dental Nerve Damage Diagnosed and Documented?

A dental malpractice claim involving nerve damage may require substantial medical and dental documentation. Records from the original dentist can establish what treatment was planned and performed. Pre-treatment imaging can show the patient’s anatomy before the procedure, while postoperative imaging may provide evidence about what occurred afterward.

Records from subsequent dentists, oral surgeons, neurologists, pain-management providers, or other healthcare professionals may also be important. These records can document the patient’s symptoms and the treatment recommended to address them.

The patient’s own description of the injury is also significant. A detailed chronology can establish when symptoms began, whether they changed over time, and how they affect daily life. Documentation of continuing treatment can help establish whether the injury resolved or became a long-term condition.

Expert review is often necessary. A qualified expert can evaluate the dental treatment, imaging, anatomy, and clinical course and determine whether there is a reasonable basis to conclude that the provider departed from the applicable standard of care and caused the patient’s injury.

Why Medical Malpractice Experience Matters in Dental Cases

Dental malpractice cases can look straightforward from the patient’s perspective: a dental procedure occurred, a nerve injury followed, and the symptoms persisted. Legally and medically, however, the analysis can be much more complicated.

An attorney must understand the difference between a known complication and negligent treatment. The attorney must also be able to work with qualified experts, evaluate technical records and imaging, and identify the evidence needed to establish both negligence and causation.

Pedro P. Sotolongo brings more than two decades of medical malpractice experience to that process. Before representing injured patients, he spent five years defending healthcare providers. That experience provided firsthand knowledge of how medical negligence claims are evaluated from the defense side.

Florida’s Presuit Requirements for Dental Malpractice

Florida medical malpractice law includes dental malpractice claims arising from the rendering of dental care or services. Before filing a medical negligence lawsuit, the claimant must conduct a presuit investigation to determine whether reasonable grounds are present to believe that a prospective defendant was negligent and that the negligence caused an injury.

Florida Statutes section 766.203 requires corroboration of the reasonable grounds for a medical negligence claim through a verified written medical expert opinion. Section 766.104 also requires the attorney filing the action to conduct a reasonable investigation supporting a good faith belief that negligence occurred.

The presuit process further requires notice to each prospective defendant before the lawsuit is filed. Under section 766.106, the prospective defendant must have at least 90 days after receiving notice to investigate the claim.

These requirements make early investigation important. A dental nerve injury case may require records from the original dentist as well as subsequent providers who diagnosed or treated the injury. Imaging and expert review may also take time to obtain.

A Boutique Miami Firm for Serious Dental Injuries

Sotolongo Law is a boutique personal injury firm serving Miami, Miami-Dade County, Broward County, and South Florida. We understand that a serious dental injury can affect much more than a patient’s oral health. Persistent nerve pain or altered sensation can affect work, sleep, eating, communication, and quality of life.

We are prepared to take on powerful defendants when the evidence supports a claim, while maintaining the personal attention expected from a boutique firm. Our medical malpractice background also allows us to approach the underlying medical issues with the level of care these cases require.

We also serve Miami’s diverse Spanish-speaking communities, including Cuban, Venezuelan, Nicaraguan, Argentinian, and other Latin American and Hispanic families throughout Miami-Dade County and South Florida. Clear communication is particularly important when a patient is trying to explain unusual or persistent neurological symptoms and understand a complicated legal process.

Frequently Asked Questions About Dental Malpractice and Nerve Damage

Can I sue my dentist for nerve damage?

Potentially. Nerve damage after dental treatment does not automatically establish malpractice. A claim requires evidence that the dentist or other provider breached the applicable professional standard of care and that the breach caused the injury.

What types of dental procedures can cause a nerve injury?

Claims involving nerve damage can arise from procedures such as tooth extractions, dental implant placement, oral surgery, injections, and other treatments performed near nerves. Whether malpractice occurred depends on the specific circumstances and applicable standard of care.

What if my nerve damage is permanent?

A permanent nerve injury can have significant consequences and may support damages for the harm caused by the alleged negligence. The medical evidence should establish the nature, extent, and expected duration of the injury, as well as the treatment and limitations it creates.

Do I need an expert to bring a dental malpractice claim in Florida?

Dental malpractice claims require presuit investigation and expert corroboration before litigation can proceed. The specific expert requirements depend on the facts and defendants involved.

How long do I have to pursue a dental malpractice claim in Florida?

Florida medical malpractice claims are subject to statutory deadlines as soon as two years and potentially up to four years; the applicable period depends on the circumstances of the injury and when it was discovered. Presuit requirements also apply. Anyone who believes negligent dental treatment caused nerve damage should seek legal advice promptly rather than waiting until a potential deadline is close.

Contact Sotolongo Law About a Dental Nerve Injury in Miami

A dental procedure should not leave you with unexplained or persistent nerve pain, numbness, tingling, or altered sensation without a careful evaluation of what happened. If you suffered nerve damage after an extraction, implant, oral surgery, injection, or another dental procedure, the circumstances may warrant investigation.

Sotolongo Law brings more than 20 years of medical malpractice experience to serious injury claims. Pedro P. Sotolongo’s experience defending healthcare providers before representing injured patients gives our firm a perspective that can be valuable when evaluating complicated questions about dental treatment, medical records, expert opinions, and causation.

Contact Sotolongo Law for a free consultation about a possible dental malpractice claim. We can discuss what happened, review the circumstances surrounding your treatment, and explain your legal options.

You pay no legal fee unless we obtain a recovery for you. Because We Care®.