What Should I Do About A Dental Malpractice Nerve Damage?
I got permanent facial numbness from a dentist who was unsure he could perform the procedure, i never signed a consent to possible damage, and so with the advice of others I sued him.
I have no feeling in my lower lip or part of my chin ever again. The tooth probably didn’t even need to be removed.
A lawyer examined the case and after 1 year decided she couldn’t win it because her “expert witness” (another oral surgeon) could not prove any “negligent acts”.
She advised me to seek some other legal counsel. What the hell should I do? I feel like this is a legitimate injury case – why is it so difficult?And . . .more to the point, who should I speak with? One of those personal injury lawyers?
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Your lawyer doesn’t want to take the case because she doesn’t think it’s winnable. It likely isn’t winnable–you’ll just be out more time and money for trying.
Wrap your head around some lawyer speak as simply as I can put it: “Negligent acts” involve was a reasonable person would do to prevent harm to another person in their duty of care. For a defendant to be held liable, it must be shown that the particular acts or omissions were the cause of the loss or damage sustained. Although the notion sounds simple, the causation between one’s breach of duty and the harm that results to another can at times be very complicated. The basic test is to ask whether the injury would have occurred but for, or without, my breach of duty. Even more precisely, if a breaching party materially increases the risk of harm to another, then the breaching party can be sued to the value of harm that he caused.
It’s difficult to prove in a civil suit that there was a breach of duty on the part of the surgeon, especially given the nature of the evidence. You may be able to prove the numbness of your lip and chin, but proving that it was caused by a particular act or omission on the part of your dentist will be really hard.