QUESTION
Is alveolar nerve injury while having a tooth extraction and injecting Novocaine directly into the nerve considered a malpractice?
Asked on Aug 27th, 2012 on Personal Injury - Florida
15 ANSWERS
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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I cannot answer your question about whether your dentist (or other professional who performed the tooth extraction) committed malpractice by causing an injury to "alveolar nerve." Only a dentist or dental professional could answer this question. Generally, to establish dental malpractice you must prove: (1) The generally recognized standard of care for dentists performing extractions that was done; (2) that the dentist deviated from this recognized standard of care; and (3) that the deviation was the proximate cause of your pain. More simply, you have to prove that the dentist did, or did not do, something that other dentists would have differently under the same circumstances. In most cases, a dentist must establish (usually through his or her testimony) these three items. One of the major issues would be whether an "alveolar nerve" is a known dental risk when Novocaine is injected. If it is, you likely do not have a case. If it is not, then you might have a case. You should consider talking to another dentist about the risks involved with Novocaine and the "alveolar nerve." In addition, you may want to an attorney to get more information about your case and what it would take to win a malpractice case.
Answered on Sep 07th, 2012 at 10:46 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Dental/medical malpractice cases are always difficult to prove, as well as expensive and time consuming. Extractions necessarily include a possibility of complications, including damage to surrounding tissues, so it is possible that some of the injuries were unavoidable. As for the nerve injury, there may be a failure to adhere to accepted practice, and resulting injury as well, but in order to be able to pursue it, you would have to show that the consequences are severe enough to merit recovery.
Answered on Sep 07th, 2012 at 10:36 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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When lawyers evaluate malpractice claims, one of the first things we do is ask a doctor or dentist for an opinion as to whether the treating physician was guilty of malpractice. Whether a Dentist was negligent in performing a procedure is a dental question, not a legal question that I can answer. If a qualified dentist gives you (or your lawyer) an opinion that th treating dentist was negligent and you have significant damages caused by the negligence, then you have a potential case.
Answered on Sep 05th, 2012 at 11:12 PM
The person who would be able to answer that question is another dentist. All malpractice cases rely upon the opinion of a professional from the area of practice. Experience tells me the answer will be no, and even if the answer is yes it's actionable the amount involved may not justify the case. In other words it wouldn't be economically feasible to pursue.
Answered on Sep 04th, 2012 at 12:30 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Ask another dentist.
Answered on Sep 04th, 2012 at 12:08 AM
Ronald A. Steinberg
Only a dentist can answer that question. Some problems are foreseeable and some are not.
Answered on Sep 03rd, 2012 at 11:15 PM
You'll need to hire a dental expert to tell you that. They cost upwards of $500.
Answered on Aug 31st, 2012 at 9:28 PM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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You need to have a dentist answer this question. If you can find a dentist who will put in writing that this is malpractice, then you will need a lawyer.
Answered on Aug 31st, 2012 at 3:06 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Perhaps, if another dentist is willing to testify it is a violation of the standard of care in your situation.
Answered on Aug 31st, 2012 at 2:59 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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No. That is one of the standard risks of dental surgery.
Answered on Aug 30th, 2012 at 10:24 PM
Consult with a medical malpractice lawyer for specific legal advice and assistance.
Answered on Aug 30th, 2012 at 10:09 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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Find a dentist says so. More importantly, what are your damages. If no damages, no case even if malpractice.
Answered on Aug 30th, 2012 at 10:08 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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When a needle goes into your body there is always a risk that a nerve might be touched. You need to get your chart (records) from the dentist and ask another dentist. All malpractice cases require professional opinion of a professional of the same or higher level.
Answered on Aug 30th, 2012 at 9:57 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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No, it is not visible on an xray.
Answered on Aug 30th, 2012 at 9:54 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Only a dentist can answer that, not a lawyer.
Answered on Aug 30th, 2012 at 9:51 PM