Dental procedures can be painful, but you shouldn’t have pain that lingers long after your dental procedure is finished. You also shouldn't have altered sensations that last beyond a few days or so.
If you have pain that won’t go away or you have a change in feeling, sensation, taste, or function after dental work, you may have suffered nerve damage. Unfortunately, there's no guarantee that this will get better, and sometimes this dental nerve damage is permanent. As a result, permanent nerve damage caused by dental implants, botched extractions, and root canal overfill are some very common reasons people file a dental malpractice lawsuit.
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How a Dentist’s Negligence Can Cause Nerve Damage
Nerve damage isn’t always a sign that a dentist did something wrong. Sometimes, dental work will have side effects that last for a few weeks or even months. However, with nerves, you should be careful and vigilant because nerve damage can become permanent if left untreated or ignored.
If you have nerve damage symptoms that last a while after the anesthesia should have worn off, that could be a sign that something’s not right. Thus, if you are experiencing numbness or other odd sensations, you should consider visiting an oral surgeon or someone who can evaluate your potential nerve damage. Time is of the essence for treating nerve damage; otherwise, it may not get better.
What Dental Procedures Can Lead to Permanent Nerve Damage?
There are several common procedures that are prone to the possibility of damaged nerves. Most of the time, it happens during a tooth extraction process (wisdom teeth or others), a root canal, or a dental implant. Overall, for a dentist to cause serious or permanent nerve damage, the dentist must perform a procedure that involves the dentist working in close proximity to one of the major nerves of the mouth, whether it's the inferior alveolar nerve (lower jaw) or the lingual nerve (floor of the mouth).
How can a dentist damage nerves? The majority of the time, it’s because they drill too deeply into the lower jaw during a dental implant or push too much material through the canal of a lower molar, but it can also happen if they ignore a symptom and don’t recommend further treatment or miss a sign that something is wrong during an examination.
Symptoms of Tooth Nerve Damage
Signs of potential nerve damage from a dentist include:
- No feeling in the treated area of your mouth even after anesthesia has worn off
- A tingling or “pulling” sensation in the treated area
- Stabbing or burning pain
- A lack of taste of things tasting different
- Trouble speaking normally
- Difficulty eating normally
Should any of these symptoms more than a month after your visit, you may have suffered a dental nerve injury, and you may have a case against your dentist.
In terms of a medical malpractice or dental malpractice lawsuit, what matters most is the severity of your symptoms, the long-term prognosis for improvement, and how much these symptoms affect your daily life. Someone with permanent injuries (or at least injuries that won’t improve without treatment) is much more likely to have a valid malpractice claim than someone with pain that will go away with time.
Can you sue a dentist for nerve damage?
If your dentist did cause nerve damage, you may be able to pursue a claim for your damages. When it comes to actually determining whether or not dental malpractice has occurred and if you can sue, the burden of proof lies with you as the injured patient. You must be able to prove that your injury, pain, and suffering is the direct cause of the dentist’s actions and that the dentist acted outside of an accepted medical standard or that they acted in a way other dentists would not.
It’s also important to be aware of the statute of limitations to file your case. In Florida, you’re required to begin your lawsuit within two (2) years of discovering the injury or within four years of when the malpractice occurred at the latest, depending on when you knew or should have known you had suffered an actionable injury.
The process would generally look like this:
- Establishing a patient-practitioner relationship. You can do this easily with e-mail confirmations of your appointments or receipts. This seems mundane, but it’s actually fairly important as it gives the dentist an implied duty of care, or a legal obligation to help you.
- Establishing a breach of duty. This means you must show the dentist didn’t follow proper protocol. This will probably involve finding an expert with knowledge of the situation who can testify as to what the dentist should or should not have done.
- Establishing an injury. In medical malpractice, an injury must be proven to determine potential compensation. To win your dental malpractice claim, you’ll need to show that you have a nerve injury.
- Establishing the link between your injury and the dentist. It must be proven that the dentist actually caused your injury with their actions. This too will be done by an expert in the area.
- Filing your suit. It’s best to let a legal professional officially submit your suit. An experienced attorney will know what procedures must be followed and can advocate on your behalf throughout the process.
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Nerve Damage and Dental Malpractice FAQs
How much can you sue for nerve damage?
The amount you can sue for in a dental malpractice case involving nerve damage depends on the severity of the injury, how long the symptoms last, and how the damage affects your daily life. Cases involving inferior alveolar nerve damage or lingual nerve damage often lead to higher compensation because these nerves control critical functions like feeling in the lower lip, chin, tongue, and gums.
In Florida, compensation in nerve-injury claims may include:
- Medical and corrective treatment costs
- Future care (such as nerve repair surgery, medications, or therapy)
- Pain and suffering
- Loss of taste or altered sensation
- Lost income or reduced earning ability
- Permanent disability or disfigurement
Some dental nerve injuries—especially those caused during dental implant surgery, wisdom tooth removal, or root canal procedures—may result in six-figure or higher settlements depending on the evidence and long-term impairment. An attorney must evaluate your specific injury, including whether the dentist caused lasting inferior alveolar nerve or lingual nerve injury.
What Is the Standard of Care in Dental Nerve Injury Cases?
In Florida, the standard of care in dental malpractice cases is what a reasonably prudent dentist or oral surgeon would do under similar circumstances. This standard applies directly in nerve-injury situations involving:
- Inferior alveolar nerve damage during extractions or dental implant surgery
- Lingual nerve injury during lower wisdom tooth removal
- Chemical burns or instrument errors during root canal treatment
- Failure to recognize high-risk anatomy before performing invasive procedures
A dentist may breach the standard of care if they:
- Use excessive force or improper technique
- Drill too deeply or too close to the nerve canal
- Fail to review or properly interpret X-rays or CBCT scans
- Fail to warn the patient of material risks, including nerve injury
- Ignore signs of nerve damage after treatment
Nerve-injury cases almost always require expert testimony to compare what the dentist did to what a competent professional should have done.
Can a Dentist Be Liable for Failing to Diagnose a Nerve Injury After Treatment?
Yes. A dentist or oral surgeon can be liable if they fail to diagnose nerve damage promptly.
Early diagnosis is crucial in dental malpractice cases because some nerve injuries respond better to immediate treatment, referrals, or surgical repair.
A dentist may be negligent if they:
- Dismiss a patient’s complaints of numbness, tingling, or burning
- Fail to perform follow-up exams after dental implant surgery or extractions
- Ignore symptoms of inferior alveolar nerve damage after a root canal
- Fail to refer the patient to an oral surgeon or nerve specialist
- Delay treatment long enough for the injury to become permanent
A failure-to-diagnose case is strengthened when records show that the patient reported symptoms consistent with lingual nerve damage, but the provider ignored them or failed to investigate.
When Is a Dentist Liable for Nerve Damage?
A dentist may be liable for nerve damage when the injury was preventable and occurred because the dentist failed to meet the accepted standard of care. Liability often arises in situations involving:
1. Improper Technique
Using excessive drilling depth or incorrect angulation during extractions or dental implant surgery may injure the inferior alveolar nerve or lingual nerve.
2. Failure to Identify Risky Anatomy
Not reviewing imaging properly or ignoring signs that the inferior alveolar nerve canal is close to the surgical site can be negligent.
3. Overfilling or Chemical Injury
Root canal materials that extend beyond the tooth apex can chemically burn or compress nearby nerves.
4. Lack of Informed Consent
If a dentist does not warn the patient about the risk of lingual nerve damage or inferior alveolar nerve damage, they may be liable even if a consent form was signed.
5. Delayed Diagnosis or Referral
Failing to recognize or treat nerve injury symptoms may worsen the damage and result in liability.
Does Florida Law Require a Pre-Suit Notice for Dental Malpractice?
Yes. Florida law requires a pre-suit notice before filing any dental malpractice lawsuit. This pre-suit process is governed by Florida Statutes Chapter 766 and includes several steps:
1. Notice of Intent to Initiate Litigation
You must send formal notice to the dentist or oral surgeon before filing a lawsuit.
2. Expert Affidavit
Florida requires a sworn statement from a qualified dental expert confirming that the injury likely resulted from negligence.
3. 90-Day Investigation Period
During this time, the dentist’s insurance company reviews the claim, requests records, and may offer settlement or deny liability.
4. Pre-Suit Discovery
Both sides can exchange medical records, imaging, and expert opinions before litigation begins.
This process applies to all dental malpractice cases in Florida, including those involving nerve damage from dental implant surgery, extractions, or root canal treatment. Because these steps take time, patients should contact an attorney as soon as symptoms appear.