Not necessarily, but it can be. Numbness after a tooth extraction, especially a lower wisdom tooth, is a recognized risk because of how close the roots may sit to major nerves in the jaw. When a dentist properly evaluates the case, uses appropriate imaging, and discloses this risk beforehand, temporary or even permanent numbness does not automatically mean malpractice occurred.
It becomes a potential dental malpractice claim when the numbness resulted from a dentist’s deviation from the accepted standard of care, such as inadequate preoperative imaging, using excessive force, failing to refer a complex case to an oral surgeon, or not warning you about the risk at all. Understanding the difference is the first step toward knowing whether you have a case.
Why Tooth Extractions Can Cause Nerve Numbness
Two nerves are most often involved in extraction-related numbness: the inferior alveolar nerve, which runs through the lower jawbone and supplies sensation to the lower teeth, lip, and chin, and the lingual nerve, which supplies sensation to the tongue. Lower wisdom teeth in particular often have roots positioned close to, or even wrapped around, these nerves.
Research on third molar extractions places the incidence of inferior alveolar nerve injury at roughly 0.35 percent of cases and lingual nerve injury at roughly 0.69 percent. Most injuries are temporary and improve within weeks or months, but some become permanent, particularly when a nerve is directly cut, crushed, or stretched during the procedure.
When Numbness Is a Known Risk, Not Malpractice
Dentistry, like medicine, does not guarantee perfect outcomes. Even a dentist who follows every step of the accepted standard of care can encounter a case where the nerve is simply too close to the tooth to avoid all risk. If your dentist properly planned the extraction, took reasonable precautions, and told you beforehand that nerve injury was a possible complication, an unfortunate outcome alone generally does not establish malpractice.
This is an important distinction, because not every bad result is negligence. The law asks whether your dentist’s conduct fell below what a reasonably prudent dentist would have done under similar circumstances, not simply whether you were injured.
When Numbness May Signal Dental Malpractice
Certain warning signs suggest your numbness may have resulted from a deviation from the standard of care rather than an unavoidable complication:
- Inadequate imaging or planning. Extracting a tooth, especially an impacted wisdom tooth, without proper x-rays or 3D imaging to map the nerve’s position relative to the roots
- Improper technique during the extraction
- Failure to refer a complex case to an oral and maxillofacial surgeon when the imaging showed the roots were close to or overlapping the nerve
- Ignoring warning signs during the procedure, such as unusual resistance or patient-reported sensations
- Delayed or absent follow-up after symptoms of nerve injury appeared, preventing timely referral for treatment that might have improved recovery
A general dentist who proceeds with a high-risk extraction that should have been referred to a specialist, without adequate imaging or a documented risk discussion, is often at the center of these claims.
The Role of Informed Consent
New York law also allows a dental malpractice claim based specifically on lack of informed consent. Under N.Y. Public Health Law § 2805-d, a dentist must disclose the reasonably foreseeable risks and benefits of a procedure, and any alternatives, that a reasonable practitioner would have disclosed, in a way that lets the patient make an informed decision.
To succeed on this type of claim, you generally must show that a reasonably prudent person in your position would not have gone through with the extraction if properly informed of the nerve injury risk, and that the lack of disclosure was a direct cause of your injury. If you were never told nerve damage was a possibility before your extraction, this may support a claim even if the extraction itself was technically performed correctly.
What You Need to Prove a Dental Malpractice Claim
A successful dental malpractice claim in New York generally requires proof of four elements:
- Duty. The dentist owed you a professional duty of care.
- Deviation from the standard of care. The dentist’s treatment fell below what a reasonably prudent dentist would have done under similar circumstances, or the dentist failed to obtain proper informed consent.
- Causation. That deviation, not an unrelated cause, was a substantial factor in causing your nerve injury.
- Damages. You suffered actual harm, such as ongoing numbness, pain, difficulty eating or speaking, medical costs, or lost income.
Expert testimony from a qualified dental or oral surgery professional is typically required to establish what the standard of care required and how it was violated.
Deadline to File a Claim
Under N.Y. C.P.L.R. § 214-a, a dental malpractice action in New York must generally be commenced within two years and six months of the act, omission, or failure that caused the injury. If you continued ongoing treatment with the same dentist for the same condition, the clock may instead start from the date your last related treatment ended, under the continuous treatment rule.
Evaluating a case requires dental records and expert review, it is important not to wait until this deadline is close before speaking with an attorney.
Steps to Take If You Have Numbness After an Extraction
- Follow up with your dentist or an oral surgeon to document the numbness and get a professional evaluation of the injury.
- Request a referral to a maxillofacial surgeon or neurologist if the numbness persists beyond a few weeks.
- Request your complete dental records, including x-rays, imaging, treatment notes, and any consent forms you signed.
- Avoid signing any settlement or release from a dental office or its insurer before speaking with an attorney.
- Consult a dental malpractice attorney to evaluate whether your case involves a deviation from the standard of care or a failure to obtain informed consent.
Talk to a NYC Dental Malpractice Attorney
Persistent numbness after a lower tooth extraction can affect your ability to eat, speak, and go about daily life, and determining whether it was preventable requires a careful review of your dental records and treatment. Chianese & Reilly Law, P.C. focuses specifically on dental malpractice cases, including nerve damage claims for patients throughout New York City.
If you are experiencing numbness after a tooth extraction, call Chianese & Reilly Law, P.C. at (516) 614-6516 to discuss your case.
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.