One prominent nerve repair expert explains the need for quick action one a dental nerve injury is diagnosed: Peripheral nerve injuries requiring surgical intervention will have better results the earlier the nerve is repaired after injury. Therefore, repairs with or without grafting done immediately after the injury have better results, with progressively worsening results if done 3, 6, 9, or 12 months or longer after the injury. Wietholter et al reported best results for IAN (Inferior Alveolar Nerve) and LN (Lingual Nerve) repair if reconstruction was done within 3 weeks of the injury. Early repair circumvents major problems encountered with elapsed time such as Wallerian degeneration, atrophy, and fibrosis in the distal portion of the nerve. Atrophy creates a significant size match discrepancy between the nerve graft and either or both stumps. The time factor reflects the rate and extent of degeneration and atrophy of the distal fascicles prior to nerve repair. However, if the injury is primarily a traumatic neuroma without atrophy or degenerative neurologic changes in the distal portion of the nerve, the time factor may not be as important; that is, whether the repair is done at 3 weeks or 2 years may not make a difference in functional outcome.
However, an Atlanta dental malpractice lawyer who almost always has a number of active clients suffering from nerve injuries caused by root canals, dental implants and tooth extractions, I know what most dentists tell patients who have suffered from these injuries: “Your injury is temporary and it will get better. We need to keep an eye on it and wait. It could take up to two years for you to get better. We will monitor you and we simply have to wait, as there is nothing more to do.” Horrible advice that could possible cause you your right to sue if you wait too long.
In most cases, if you are injured by dental malpractice in Georgia, you have two years from the date of the alleged malpractice. Of course, like every rule, there are exceptions, but the are limited and the general rule, as stated above is what you, as a person who has a serious injury from a dental procedure, should proceed under. Also, if you have a serious injury from a dental procedure, you should hire a lawyer today. Why? Well, the first reason is that, in most cases, you should not follow the advice that dentists typically give patients who have suffered a dental nerve injury. Secondly, the deadlines that may apply to your case are quite complex and no one other than an experienced dental malpractice lawyer who regularly handles these types of cases in Georgia should be relied upon to provide you with legal advice. Finally, the sooner a competent lawyer is advising you, the sooner you have another trusted advisor in your camp who can help you make decisions that can save your health and make sure you protect all of your legal rights. In most cases, if you miss the statute of limitations (or the deadline for filing your lawsuit) your right to sue is lost forever.
As you can sue, there really is no good reason to delay in (1) hiring a good dental malpractice lawyer to advise and guide you; and (2) seek help from a dental nerve specialist, other than the dentist who caused your dental nerve injury.
Robert J. Fleming has been handling dental malpractice cases for individuals and families who have been injured or died as a result of dental procedures such as root canals and dental implants for over 20 years. He practices in and around the Atlanta, Georgia area. If you have been seriously injured by after a dental procedure and would like to discuss your case in complete confidence, contact Robert J. Fleming directly on (404) 525-5150 or contact us online. We can help you navigate this complex area of law, avoid making mistakes that can cost you your right to sue and protect all of your legal rights.