Can I bring a Claim for a Trigeminal Nerve Injury from Dental Treatment?

You may be able to claim against your dentist if you suffered a trigeminal nerve injury during dental treatment.

Trigeminal Neuralgia impacts the Trigeminal nerve, responsible for transmitting electrical signals from your face to your brain. As a result, even the lightest touch or stimulation of the face, like yawning, can trigger intense pain. Symptoms include:

• Anaesthesia (complete numbness)
• Paraesthesia (tingling)
• Dysesthesia (pain and burning)Pain that is generally concentrated in the jaw, cheeks, teeth, gums, lips and chin
• Intermittent feelings of mild pain, interspersed with episodes of severe pain that feels like an electric shock
• Episodes of pain lasting from anywhere between a few seconds to several months with similar periods of no pain at all
• Episodes of pain triggered from stimulation of the face, such as through chewing
• Episodes of pain become more frequent, longer and intense as time goes on

A trigeminal nerve injury can be a life changing event.  A successful dental negligence claim can secure compensation you can use to pay for rehabilitation and care needs, and in some cases loss of earnings where your ability to work has been effected.

What types of Trigeminal Nerve Injury claims can be brought?

Nerve injuries may occur as a result of routine dental procedures and are not always linked to negligent care. Some examples of how nerve damage can occur are through tooth extraction, implant treatment or root canal treatment.

What is the Prognosis for Trigeminal Nerve Injury?

Symptoms of nerve injury may be temporary and can improve over time; however, in some instances, nerve damage can be permanent. It can be challenging to obtain detailed information from a specialist regarding the potential recovery of your nerve injury.

Whom Can I Claim Against?

In private care, the Dental Practitioner is usually self-employed and will carry their own insurance.. In public hospital settings the practitioner and the hospital will likely be covered by the Clinical Indemnity Scheme.

How long do I have to bring a claim?

The time limit for a dental negligence claim is generally two years from the time of the alleged negligence. However, there are exceptions to this rule.  It is important to seek legal advice as soon as possible or else the claim may become statute barred.

How to Make a Claim for Trigeminal Nerve Injury?

If you are unhappy with the dental treatment that you have received and believe that it has caused you an injury, you may wish to contact our firm which has expertise in the field of medical and dental negligence to investigate your case.

Establishing Negligence and Causation

Medical and Dental Negligence means that the treatment that you received is below the standard of care that one would ordinarily expect to see that a patient should receive from a medical or dental practitioner.  The law requires you to obtain an independent expert report  and if that expert finds the treatment you received fell below an acceptable standard then you are entitled to bring a claim for negligence, if you suffered an injury because of the negligence, and this is known as causation.

What happens next?

When we issue proceedings the insurer Dental Practitioner  will generally instruct solicitors. We may need to take up further reports, on your condition and prognosis. With very serious injuries, it will be necessary to consider whether you are still able to work, whether you can still carry on with all of your previous activities of daily living, and in some cases there may be a psychological impact.

Will I have to go to court if I bring a medical negligence claim?

The majority of these cases settle outside of court. This is because we will not proceed with a case unless there is a supportive expert report and there are good prospects you will win and therefore settlement usually occurs without having to go to court. However, going to court is always a possibility you must be prepared for.

We actively promote the use of mediation in clinical negligence cases as an alternative means of dispute.

Mediation is a confidential, facilitative and voluntary process in which the parties involved in the dispute, with the assistance of a mediator attempt to reach a mutually acceptable agreement to resolve the dispute¹. As part of the process the experts will also confer in a confidential manner and all communications are considered confidential and not admissible in evidence.²

How much compensation will I get for my injury?

This varies very much from case to case as it will depend on the severity of your injury, whether it is permanent, and how it has affected your life. The Courts must have regard to the Personal Injury Guidelines and awards for injuries in similar cases. We can guide you through this process and advise you on the value of your claim.

Medical Negligence Solicitors Ireland

We represent clients in dental negligence and medical negligence cases from all over Ireland and not just medical negligence cases in Dublin. We can accommodate virtual meetings if you have difficulty travelling.

Footnotes

1. Section 2 Mediation Act 2017
2. Section 10 Mediation Act 2017

If you have been affected by these issues or need any advice please contact Gavan Carty, Head of Professional and Clinical Negligence Kent Carty.