What are my rights regarding dental malpractice if I had my teeth cut out but a nerve was damaged and in a subsequent procedure I ended up with 2 broken bones in my jaw?

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What are my rights regarding dental malpractice if I had my teeth cut out but a nerve was damaged and in a subsequent procedure I ended up with 2 broken bones in my jaw?

I had my teeth cut out and a nerve was damaged to where I couldn’t fell my bottom lip and chin but it they explained that could happen so I let it go. They sent me to a nerve repair specialist who set me up a surgery date to repair my nerve. What was supposed to be a 4 hour surgery turned to a 8 hour surgery. When I awoke they said everything turned out great but I was in a lot of pain. A few days later I went for a follow up and he told me he broke 2 of my bones in my jaw and he had to put in plates. Is this malpractice since I will most likely have pain in my jaw for the rest of my life?

Asked on July 9, 2015 under Malpractice Law, Kentucky

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Dental/medical malpractice is negligence.  Negligence is the failure to excerise due care (that degree of care that a dental/medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).

Prior to filing a lawsuit for negligence against the nerve specialist, it may be possible to settle the case with his malpractice insurance carrier.

You should obtain your dental bills, dental reports and documentation of any wage loss.  Your claim filed with the nerve specialist's malpractice insurance carrier should include these items.

Compensation for the dental biils is straight reimbursement.  The dental reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the dental bills.  Compensation for wage loss is straight reimbursement.

If the case is settled with the nerve specialist's malpractice insurance carrier, NO lawsuit is filed.

If you are dissatisfied with settlement offers from the malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against the nerve specialist.

If the case is NOT settled with the malpractice insurance carrier, your lawsuit for negligence against the nerve specialist must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

 


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