When a routine dental procedure goes wrong, the consequences can be life-altering. One such complication—trigeminal nerve injury following a root canal—can result in long-term pain, sensory loss, or even permanent facial numbness. In New York City, patients who suffer this type of injury may have grounds for a dental malpractice claim.
This blog explores the intersection of dentistry and legal accountability, focusing on root canal procedures that result in trigeminal nerve damage.
Understanding Trigeminal Nerve Injuries in Root Canal Procedures
A root canal is an endodontic procedure aimed at treating infection or damage within a tooth’s pulp to save the tooth. However, errors during the procedure—such as overextension of a file, overfilling of root canal material beyond the tooth’s apex, or improper use of dental instruments—can damage the trigeminal nerve, particularly its inferior alveolar nerve (IAN).
Trigeminal nerve injuries may result in conditions like trigeminal neuralgia or trigeminal neuropathic pain (TNP), characterized by severe, persistent pain, numbness, or altered sensations in the face, lips, jaw, or tongue. These injuries can significantly impact a patient’s quality of life, affecting daily activities like eating, speaking, or even smiling.
From a legal perspective, such injuries may constitute dental malpractice if the dentist’s actions deviate from the accepted standard of care, causing harm. In New York City, pursuing a dental malpractice claim involves navigating specific legal standards, statutes, and case law.
Legal Framework for Dental Malpractice in New York
Elements of a Dental Malpractice Claim
To succeed in a dental malpractice lawsuit in New York, a plaintiff must establish four key elements:
- Duty of Care: The dentist had a professional obligation to provide competent care to the patient, inherent in the doctor-patient relationship.
- Breach of Duty: The dentist failed to meet the standard of care expected of a reasonably competent dental professional under similar circumstances.
- Causation: The breach directly caused the patient’s injury, such as a trigeminal nerve injury from a root canal.
- Damages: The patient suffered quantifiable harm, including pain, medical expenses, lost wages, or emotional distress.
For example, if a dentist overextends a file during a root canal, causing permanent nerve damage, this could constitute a breach of duty if a competent dentist would have avoided such an error. The resulting pain or loss of sensation would be the basis for damages.
Statute of Limitations
In New York, the statute of limitations for dental malpractice claims is 2 years and 6 months (30 months) from the date of the injury or the last date of continuous treatment related to the injury (CPLR § 214-a). However, exceptions may apply:
- Foreign Object Rule: If a foreign object (e.g., a broken instrument) is left in the patient’s body, the plaintiff has one year from the date the object was discovered or should have been discovered to file a claim. For instance, in White v. Brisman (2013), a case involving a broken file tip left during a root canal, the court clarified that such an object qualifies as a “foreign object,” potentially extending the statute of limitations.
- Continuous Treatment Doctrine: If the patient continues treatment with the same dentist for the same condition, the statute may run from the date of the last treatment, allowing additional time to file.
Given the complexity of these timelines, consulting an experienced attorney promptly is critical to preserve legal rights.
Key Legal Considerations
For individuals in New York City considering legal action for trigeminal nerve injuries from root canals, several factors are critical:
1. Informed Consent
Dentists are required to inform patients of the risks, benefits, and alternatives of a procedure. Failure to obtain informed consent can be grounds for a malpractice claim, particularly if the patient would have declined the procedure had they known the risks. For example, if a dentist fails to warn about the potential for nerve damage during a root canal, this could strengthen a plaintiff’s case.
2. Timely Diagnosis and Referral
Trigeminal nerve injuries require prompt diagnosis and treatment to prevent permanent damage. Studies suggest that surgical intervention within 90 days of the injury significantly improves recovery chances. If a dentist fails to recognize symptoms (e.g., persistent pain or numbness beyond 8 hours post-procedure) or delays referral to a specialist, this could constitute negligence.
3. Standard of Care
The standard of care in endodontics involves using appropriate techniques, such as avoiding over-instrumentation or excessive force, and employing diagnostic tools like X-rays to assess risks. Deviations, such as overfilling root canal material into the IAN canal, are common causes of nerve injuries and may breach the standard of care.
4. Damages
Plaintiffs may seek compensation for:
- Medical Expenses: Costs for corrective treatments, such as microsurgery or medications (e.g., anti-seizure drugs like Tegretol or Lyrica).
- Pain and Suffering: Compensation for physical pain and emotional distress caused by chronic conditions like trigeminal neuralgia.
- Lost Wages: Income lost due to inability to work, as seen in cases like the Suffolk County man who missed seven months of work due to dental injuries.
- Future Costs: Ongoing care or future surgeries, as awarded in cases like the Queens woman’s settlement for future dental expenses.
5. Burden of Proof
Plaintiffs must provide evidence, often through expert testimony, to demonstrate that the dentist’s actions fell below the standard of care and directly caused the injury. Radiographic evidence, medical records, and specialist evaluations are critical in proving causation.
Nuances in New York Law
- State vs. Federal Law: Dental malpractice is primarily governed by state law in New York, under the Civil Practice Law and Rules (CPLR). Federal law may apply in cases involving Medicaid or federally funded clinics, as seen in the 2023 Medicaid settlement.
- Comparative Negligence: New York follows a pure comparative negligence rule (CPLR § 1411). If a patient’s actions (e.g., failing to report symptoms promptly) contributed to the injury, damages may be reduced proportionally.
- Expert Testimony: New York courts often require expert testimony to establish the standard of care and causation in dental malpractice cases, making it essential to work with attorneys experienced in securing qualified experts.
Practical Steps for Affected Patients
For individuals experiencing symptoms like persistent pain, numbness, or burning sensations after a root canal, the following steps can help protect potential legal claims:
- Seek Immediate Medical Attention: Consult a dental nerve specialist, such as an oral surgeon or neurologist, to diagnose and treat the injury. Early intervention (within 90 days) is critical for recovery.
- Document Symptoms and Treatment: Keep detailed records of symptoms, medical visits, and expenses, as these will support a malpractice claim.
- Obtain Dental Records: Request copies of dental records, X-rays, and treatment notes to identify potential errors, such as overfilled materials or foreign objects.
- Consult an Attorney: Engage a dental malpractice attorney in New York City familiar with trigeminal nerve injury cases. Firms like Chianese & Reilly Law offer free consultations and have a track record of success in such cases.
- Act Promptly: Given the 2.5-year statute of limitations, contact an attorney as soon as possible to avoid missing deadlines.
Take Action Today
If you or a loved one has suffered a trigeminal nerve injury from a root canal procedure in New York City, don’t wait to explore your legal options. At Chianese & Reilly Law, we bring over 50 years of dedicated experience in dental malpractice law, including cases involving trigeminal nerve injuries. Our team is committed to holding negligent professionals accountable and securing the compensation you deserve.
Contact us today for a free consultation. Call 516-614-6516 to schedule your appointment. Let us help you navigate the legal process with confidence and care.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified professional to understand how the law applies to your specific situation.
