Even with top-tier dental care in NYC, nerve injuries can happen—causing pain, numbness, or lasting damage. At Chianese & Reilly Law, we’ve helped clients navigate the legal path after dental malpractice for over 50 years. This blog covers the signs of nerve damage, common causes, your legal rights, and how our team can help you seek justice.
What Are Nerve Injuries in Dental Care?
Nerve injuries during dental procedures typically affect the trigeminal nerve, which controls sensation and movement in the face, jaw, and mouth. This nerve has three branches: the ophthalmic, maxillary, and mandibular. Two branches are particularly vulnerable during dental work:
- Inferior Alveolar Nerve (IAN): Located in the lower jaw, this nerve provides sensation to the lower teeth, gums, chin, and lip. Damage often occurs during wisdom tooth extractions or dental implant placements.
- Lingual Nerve (LN): This nerve supplies sensation to the front two-thirds of the tongue and the floor of the mouth. It’s commonly at risk during procedures near the lower molars, such as extractions.
Nerve injuries can result from trauma caused by improper anesthesia administration, excessive drilling, or surgical errors. While some injuries resolve within weeks or months, others may cause permanent damage, leading to chronic pain or loss of function. Recognizing the signs early is critical for addressing the issue and exploring your legal options in New York City.
Common Signs of Nerve Injury After Dental Treatment
If you’ve recently undergone a dental procedure in NYC and notice unusual symptoms, you may be experiencing nerve damage. Below are the key signs to watch for:
Persistent Numbness
Temporary numbness from anesthesia is normal, but if it persists in the tongue, lips, gums, cheeks, or jaw for days or weeks, it could indicate nerve damage. For example, inferior alveolar nerve injuries may cause prolonged numbness in the chin or lower lip.
Tingling or “Pins and Needles”
A tingling sensation, known as paresthesia, may feel like prickling or mild electric shocks in the affected area. This often signals nerve irritation or partial damage, commonly reported after wisdom tooth extractions.
Chronic Pain or Burning
Some patients experience ongoing pain, burning, or aching, referred to as dysesthesia. This can be debilitating and may worsen with touch, eating, or speaking, often linked to lingual nerve damage.
Loss of Taste
Lingual nerve injuries can impair or eliminate taste sensation on one side of the tongue. You might also struggle to sense food texture or temperature, impacting your eating experience.
Difficulty Speaking, Chewing, or Swallowing
Nerve damage can affect motor functions, making it hard to speak clearly, chew food, or control saliva, sometimes leading to drooling. This is particularly common with trigeminal nerve injuries.
Electric Shock-Like Pain
Neuropathic pain, characterized by sharp, shooting sensations, may occur, especially when the affected area is touched. This can indicate severe damage, such as a severed nerve.
Facial Weakness or Drooping
Though rare, facial nerve damage during dental procedures can cause weakness or drooping, affecting facial expressions or muscle control.
If these symptoms persist beyond a few weeks or intensify, seek evaluation from a dental specialist, such as an oral surgeon or neurologist, to assess the injury’s severity. Documenting these symptoms is also crucial if you’re considering legal action in New York City.
Dental Procedures Most Likely to Cause Nerve Injuries
Certain dental procedures carry a higher risk of nerve damage due to their proximity to sensitive nerves or the complexity of the work. In New York City, where patients often seek advanced treatments, the following procedures are commonly associated with nerve injuries:
- Wisdom Tooth Extractions: The lower wisdom teeth are close to the lingual and inferior alveolar nerves, making extractions a leading cause of nerve damage. A 2017 New York case involving a severed lingual nerve during a wisdom tooth extraction resulted in a $2.3 million verdict.
- Dental Implants: Improper drilling or implant placement in the jaw can compress or damage the inferior alveolar nerve, leading to numbness or pain.
- Root Canals: Overfilling a root canal or drilling too deeply can irritate nearby nerves, causing chronic discomfort. A settlement for an overfilled root canal in NYC awarded $387,000 for pain and suffering.
- Local Anesthesia Injections: Incorrect needle placement or excessive pressure during injections can cause nerve trauma, particularly to the lingual nerve.
- Maxillofacial Surgeries: Procedures like jaw surgery or tumor removal may inadvertently affect the trigeminal or facial nerves.
While these procedures carry inherent risks, nerve injuries often stem from errors, such as failing to use proper imaging (e.g., cone beam CT scans) or deviating from the standard of care.
The Legal Framework for Dental Malpractice in New York City
In New York, dental malpractice falls under the broader category of medical malpractice, occurring when a dentist fails to meet the standard of care—the level of care a reasonably competent dentist would provide under similar circumstances. If you suspect nerve damage due to dental negligence in NYC, understanding the legal framework can help you navigate your options.
Key Elements of a Dental Malpractice Claim
To pursue a dental malpractice claim in New York City, four elements must typically be established:
- Duty of Care: A dentist-patient relationship establishes the dentist’s obligation to provide competent care.
- Breach of Duty: The dentist’s actions fell below the standard of care, such as performing a procedure incorrectly or failing to warn of risks.
- Causation: The breach directly caused the nerve injury, supported by evidence like medical records or expert testimony.
- Damages: The patient suffered harm, such as medical costs, lost wages, or pain and suffering.
Statute of Limitations in New York
New York’s statute of limitations for dental malpractice claims is 2 years and 6 months from the date of the injury or the last treatment under the continuous treatment doctrine (if the same dentist continued treating the issue).
The discovery rule may extend this period in limited circumstances. While New York generally does not apply the discovery rule to dental malpractice cases, an exception exists if a foreign object is left in the body—starting the clock when the object is discovered. The statute may also be tolled for minors until they reach adulthood, and in rare cases, fraud by the dentist (such as concealing malpractice) can extend the deadline. Acting promptly is essential to meet these deadlines.
Potential Compensation
Compensation in dental malpractice cases may include:
- Medical Expenses: Costs for corrective treatments, specialist visits, or surgeries (e.g., nerve repair).
- Lost Wages: Income lost due to recovery or inability to work.
- Pain and Suffering: Compensation for physical and emotional distress.
- Loss of Enjoyment of Life: Damages for reduced quality of life, such as difficulty eating or speaking.
- Punitive Damages: Awarded in rare cases of gross negligence.
Chianese & Reilly Law has secured settlements ranging from hundreds of thousands to multi-million dollars, including a landmark $3,903,408 verdict, the largest reported for a dental malpractice case in New York at the time.
Take the Next Step with Chianese & Reilly Law
If you’re experiencing symptoms of nerve damage after a dental procedure in New York City, don’t wait to explore your options. At Chianese & Reilly Law, we’re here to listen, evaluate your case, and fight for the compensation you need to recover.
Contact us today at (516) 614-6516 for a free, no-obligation consultation. Whether you visit our Rockville Centre office or we come to you, our experienced team is ready to guide you through every step with compassion and expertise. Let us help you seek justice and reclaim your quality of life.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.