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dentist cut my nerve-how do i proceed?

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M

mouth_is_numb

Guest
What is the name of your state? New York

Bottom line: I think I've been injured due to a dentist's error, and want to know how to proceed if I want to sue (or if there are other recourses). Details:

I went to the dentist with an abscess in my gums below a tooth that had a root canal and a crown. He tried to drain it, but while doing so must've cut one of my nerves, plus did not properly drain the abscess anyway. I went back a week later since a part of my chin near the incision was still numb; he wrote a referral to an oral surgeon, citing that my gums were still numb from his work (basically admitting his fault, the way I see it), and the abscess probably not fully drained. I went to the new surgeon who went in and properly drained the abscess.

I was hoping the numbness would go away, perhaps by the nerve regenerating over months (as I thought they do). But it's been a year now, and my chin is still totally numb around that region. I am furious, and think that first dentist should pay damages.

I have no idea how to proceed, as I've never had any problem like this before. Any advice? thanks...
 


ellencee

Senior Member
mouth_is_numb
There is a significant risk of cutting/damaging a nerve when the gum has to be cut below the tooth/gum line. It may be a known risk of the operation. As it is an operation to incise the gum for draining of an abcess, you should have received a consent for surgery document that explained the procedure and noted the risks associated and stated that the dentist had discussed the procedure and the risks with you and that you gave your consent for the procedure with adequate understanding of the associated risks.

I'm not sure that an area of numbness in your chin constitutes significant damages for which compensation would justify the expense of a medmal suit.

Nerves can take as long as seven years to regenerate; some do not ever 'heal' or regenerate.

NY's statute of limitations for medical malpractice appears to be 2 years and 6 months from the time of the incident until the papers are filed with the court. Verify this with a medmal attorney in your area.

EC
 

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