How To Make A Dental Nerve Damage Claim
By Lewis Cobain. Last Updated 22nd February 2023. In this guide, we’ll look at how you could make a dental nerve damage claim for harm caused at the dentist. When you seek medical attention, you’re entitled to receive a minimum standard of care.
This duty of care applies to all areas of medicine, so you’re just as entitled to the right level of care when you go to the dentist as to when you visit A&E. What’s more, it applies whether you’ve sought treatment through the NHS or a private healthcare facility.
Dental nerve damage claims guide
A nerve injury in the mouth could cause a great deal of pain and suffering. In addition to this, it might cause you to lose out financially. For example, you might have to take time off work as you recover, resulting in you not being paid.
You could be refunded these amounts as damages in a successful claim against the dental practice that injured you. To find out more and start your compensation journey, can call our advisors now on 0800 073 8804 or get in touch online at Legal Expert for free legal advice. Alternatively, you could use the ‘live support’ option bottom right to this screen.
Select A Section
- A Guide To Dental Nerve Damage Claims
- What Is Dental Nerve Damage?
- Dental Nerve Damage Symptoms
- Can Dental Procedures Cause Nerve Damage?
- Was Negligence To Blame For Your Dental Nerve Damage?
- Dentists Duty Of Care
- Your Rights As A Patient
- Dental Negligence Compensation – How Much You May Be Owed
- What Else Could You Claim For Dental Nerve Damage?
- No Win No Fee Dental Nerve Damage Claims
- Talk To Us
- Further Dental Claims Resources
- Frequently Asked Questions
A Guide To Dental Nerve Damage Claims
In this guide, we’ll begin by looking at what nerve damage caused by a dentist is as well as the symptoms that this kind of injury could cause. In addition, this guide will address how a dental procedure could cause nerve damage.
You may be unsure as to the difference between a dental nerve injury that happens as a result of acceptable treatment and one that comes about as a result of negligence. We’ve included a section detailing how dental negligence is defined.
Furthermore, this guide will include a section looking at the different amounts of compensation you could receive for an injury of this nature. We’ll also assess how financial losses or expenses can be included as part of a medical negligence claim.
Finally, we explain how you can put together a claim with help from a lawyer working under a No Win No Fee agreement. If you have any questions after reading this guide, please don’t
What Is Dental Nerve Damage?
When dental nerve damage goes wrong, the results can be extremely painful. There are a number of different nerves in the mouth that could be damaged, according to the NHS. These include:
- The inferior alveolar nerve. This nerve gives a feeling to the teeth, lower lips and chin. It runs along the lower jaw.
- The lingual nerve. This nerve runs near the inside of the lower jaw. It supplies sensation to half of the tongue.
- The buccal nerve. This nerve can be found near the back teeth and gives feeling to the inside of the cheek.
- The infra-orbital nerve. This nerve can be found in the upper jaw. It gives feeling to the upper lip, part of the cheek and nose.
There are also nerves inside the teeth. If a tooth gets cracked or broken, the nerve can become exposed. This makes it very sensitive to hot or cold, but also to air. The resultant pain can be constant and daily.
Dental Nerve Damage Symptoms
If you’ve experienced dental nerve damage, there are a number of symptoms you might experience. You might experience pain as a result, and in some cases can experience numbness. This numbness can be complete, but it can also be partial.
You might also experience paraesthesia, which is a tingling or “pins and needles” sensation. This could be apparent in your cheek or lower jaw.
In addition to this, you could experience trigeminal neuralgia. This is where the trigeminal nerve (which supplies sensation to the face) is compressed. It causes sharp, shooting facial pains.
For more information on whether your injuries entitle you to make a dental nerve damage claim, speak to one of our advisors. If your claim is valid, you could be connected with a No Win No Fee solicitor to work on your claim.
Can Dental Procedures Cause Nerve Damage?
There are several aspects of a dental procedure that can result in nerve damage:
- Anaesthesia injections
- Tooth replacement or crowns
- Tooth extraction (such as wisdom teeth removal)
When you seek medical attention for any of the above, there’s a chance that you could experience a dental nerve injury. However, you should be informed of this risk, and your dentist should act in a way that ensures the right level of care is administered.
If they fail to do so, and you’re injured as a result, you may be able to claim. Speak with one of our advisors today for more information on making a dental nerve damage claim for harm caused by dental negligence.
Was Negligence To Blame For Your Dental Nerve Damage?
Below, we’ve looked at how dental negligence could cause nerve damage in a number of different procedures.
To determine whether or not a dentist was negligent, the Bolam Test will usually be performed. This is where a panel of the medical professional’s peers are asked whether or not the care was of an acceptable level. If they confirm that it was not, then the dentist would be considered negligent.
Dental nerve injuries in root canal surgery
Root canal treatments can be used to save a decayed or infected tooth. The dentist will remove the nerve and pulp from the tooth before sealing it. This can cause nerve damage.
Dental nerve injuries caused by tooth extraction
Nerve injuries can occur as a result of a tooth extraction that was not performed negligently. However, your dentist will have had to tell you about the risks of this. Furthermore, your dentist might have acted negligently if they did not consider the position of the nerves in the surrounding area before beginning the procedure.
Dental nerve injuries caused by tooth implants
Tooth implants can be drilled into the jaw bone to replace teeth that have been lost. Nerve injury can occur if the dentist drills too far into the bone or if the implant is too long, causing it to press on the relevant nerve.
The list above is not exhaustive. If your dentist has caused nerve damage to you in a way we have not mentioned above, you may be able to claim. Speak to an advisor today for more information about your eligibility to make a dental nerve damage claim.
Dentists Duty Of Care
Dentists have a duty of care to provide a minimum standard of care. This is a legal requirement that they share with all other areas of medicine.
When you’re under the care of a dentist, you should expect that they’ll act in a way that avoids you coming to unnecessary harm. You also need to be fully informed of the treatment you’re undergoing.
It’s important to note that not every instance of nerve damage resulting from dental surgery will be an example of negligence. In some cases, the dentist treating you might be delivering the correct standard of care, but an injury occurs despite this. If this is the case, you would not be able to claim.
However, if you feel that the right level of care was not delivered and you were injured as a result, you may be able to make a dental nerve damage claim. Speak with an advisor from our team today to find out more.
Your Rights As A Patient
As a dental patient, you have certain rights. These are outlined by the General Dental Council. For example, you should know the following before you undergo a dental procedure:
- Whether the treatment is provided by the NHS
- What the treatment will cost
- What the treatment involves
- Whether there’s an alternative treatment option
You should also feel like you’ve been given enough information to make an informed decision about the treatment you’re undergoing. In the event that your dental procedure involves an appliance, the statement of manufacture should be offered to you.
If your dentist has breached the duty of care that they owe you, and you’ve been harmed as a result, you may be able to claim. Call our team of advisors today for a free, no-obligation assessment of your claim’s value.
Dental Negligence Compensation – How Much You May Be Owed
There are two heads of claim that are typically awarded in dental nerve damage claims. Firstly, general damages compensate you for the pain and suffering caused by medical negligence. Additionally, if your injury has caused you to endure a loss of amenity, which is a loss of enjoyment, this can be included in your dental negligence award settlement.
The Judicial College Guidelines (JCG) is used by legal professionals to help value the general damages portion of dental negligence compensation settlements.
Previously updated in April 2022, the JCG features guideline award brackets for various types of harm, including both physical and psychological harm. We have taken some figures from the JCG to create the table below. However, please only use the figures below as guidance.
| Injury | Severity | Award bracket | Notes/causes |
|---|---|---|---|
| Psychiatric harm | Less severe | £1,540 to £5,860 | The level of compensation awarded will depend on the extent to which the psychological damage impacted the sleep and daily activities of the injured person. |
| Post-traumatic stress disorder | Less Severe | £3,950 to £8,180 | The injured person will have made a full recovery within two years. |
| Damage to teeth | (iii) | £2,200 to £3,950 |
Chronic teeth pain over a prolonged period and loss of one front tooth. |
| Damage to teeth | (iv) | £1,090 to £1,710
|
Damage to or loss of back teeth per tooth |
| Jaw | (ii) | £17,960 to £30,490 | Causing paraesthesia in the jaw area |
If you have any questions about the compensation you could receive, please get in touch using the details provided above.
What Else Could You Claim For Dental Nerve Damage?
In addition to the general damages that can be calculated to address your health impacts, other expenses can be included under a part of your claim called special damages. For example, you may:
- Take time off work and experience a loss of earnings because of ill health or the need to recover
- Have to travel to and from medical appointments
- Need to pay for treatment or medication that you cannot get on the NHS.
If this is the case, the costs or losses you have experienced could be included in your claim. However, you should provide evidence of these costs in order for them to be included in your claim.
For more information on the things that can be covered under a special damages claim, get in touch with an advisor today. They could go through the repercussions your injury has had on you and accurately assess the value of your claim.
No Win No Fee Dental Nerve Damage Claims
Whilst you do not legally need the services of a lawyer when making a dental nerve damage claim, it makes much more sense to work with a professional who has the expertise to help you get more money from your claim. Their guidance could also help the claims process run much more smoothly.
Traditional methods of hiring a solicitor can mean paying an amount each month on account or by the hour. No Win No Fee agreements with lawyers differ in that they do not ask for any payment at all upfront or while the claim is ongoing.
If the case fails, there is nothing to pay at all. Under a No Win No Fee agreement, you’ll only pay a small amount to your solicitor if your claim is successful. This is referred to as a “success fee”.
If you’d like to know more about No Win No Fee agreements or to find out if you could be represented on this basis, call us today. If your claim is valid, you could be connected with a No Win No Fee lawyer from our panel.
Talk To Us
Thank you for reading this guide. We hope that it has helped to clarify how you can move forward with a claim for dental nerve damage. If you have any questions about starting your claim, please feel free to get in touch. Our team are happy to help. You can:
- Call us on 0800 073 8804
- Email or write to us at Legal Expert
- Use the ‘live support’ option below
Further Dental Claims Resources
Below, we’ve included some additional resources that we hope you find useful:
10 things to know about medical negligence claims
Frequently asked questions about dental negligence claims
9 principles of the General Dental Council
Frequently Asked Questions
Below are some frequently asked questions around this subject. Please feel free to get in touch if we can offer any guidance in addition to these points:
What does dental nerve damage feel like?
Dental nerve damage can cause pain. However, it can also result in a loss of feeling or a tingling sensation.
How do you fix the nerve damage in your mouth?
Some nerve damage gets better on its own. However, if your condition doesn’t improve, you may need surgery.
Can a dentist cause permanent nerve damage?
Yes. This can happen as a result of dental treatment that is performed correctly. However, it could also happen as a result of negligence. If you suspect the latter, speak with us today to find out whether you could make a dental nerve damage claim.
Written by Waters
Edited by Stocks
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