How are dental negligence jaw fracture payouts calculated. What evidence is required for a successful claim. Can you seek compensation if a dentist breaks your jaw during extraction. What steps should you take if you suspect dental malpractice led to jaw injury.

The Impact of Jaw Fractures from Dental Procedures

Jaw fractures resulting from dental procedures, while rare, can have devastating consequences for patients. These injuries can occur during tooth extractions or other dental treatments when proper care and techniques are not followed. The repercussions of such incidents extend far beyond immediate physical pain, often leading to long-term complications and significant lifestyle changes.

Patients who experience jaw fractures may face:

• Prolonged pain and discomfort
• Difficulty eating and speaking
• Cosmetic disfigurement
• Need for additional surgeries or corrective procedures
• Emotional trauma and psychological distress
• Financial burden from medical expenses and lost wages

Understanding the potential for such serious injuries underscores the importance of seeking skilled dental care and being aware of your rights as a patient.

Determining Compensation for Dental Negligence Jaw Fractures

When it comes to dental negligence claims involving jaw fractures, the compensation amount can vary significantly based on several factors. These considerations help ensure that the awarded sum adequately addresses the unique circumstances of each case.

Key Factors Influencing Compensation

The following elements play a crucial role in determining the payout for jaw fracture dental negligence claims:

1. Severity of the injury and its long-term impact
2. Extent of required follow-up treatment and restorative dentistry
3. Presence of disfigurement or other permanent consequences
4. Financial losses, including lost wages and medical expenses
5. Pain and suffering experienced by the patient

Does the compensation cover all related expenses? In most cases, successful claims aim to provide comprehensive coverage for both direct and indirect costs associated with the injury. This may include reimbursement for travel to medical appointments, rehabilitation expenses, and even future anticipated medical needs related to the fracture.

Eligibility for Compensation: When Can You Claim?

Understanding when you’re eligible to claim compensation for a jaw fracture caused by dental treatment is crucial. Not all unfortunate outcomes during dental procedures automatically qualify as negligence.

Are there specific criteria for making a claim? Yes, to be eligible for a dental negligence claim involving a jaw fracture, you must demonstrate that:

• The dentist made an avoidable error during treatment
• The standard of care provided fell below what is reasonably expected
• Your injury was a direct result of this substandard care
• The claim is being made within the legal time limit (typically three years from the date of injury or discovery)

It’s important to note that complications can occur even with proper care. The key is proving that the injury resulted from negligence rather than an unavoidable risk of the procedure.

Gathering Evidence for Your Dental Negligence Claim

Building a strong case for a dental negligence jaw fracture claim requires substantial evidence. This documentation helps establish the link between the dental procedure and the resulting injury.

Essential Evidence for Your Claim

What types of evidence are typically used in dental negligence cases? The following are crucial pieces of documentation:

• Dental records from before and after the incident
• Medical records detailing the jaw fracture and subsequent treatment
• X-rays and imaging studies
• Photographs of the injury
• Expert witness testimonies
• Documentation of financial losses (e.g., medical bills, lost wages)

Is an independent medical assessment necessary? In many cases, yes. An evaluation by an independent dental expert can provide an objective assessment of the injury, its causes, and its long-term implications. This assessment can be crucial in establishing the extent of negligence and the appropriate compensation.

The Role of Dental Negligence Solicitors in Your Claim

Navigating a dental negligence claim can be complex and overwhelming, especially when dealing with the physical and emotional aftermath of a jaw fracture. This is where experienced dental negligence solicitors play a vital role.

How do dental negligence solicitors assist with your claim? These legal professionals provide invaluable support by:

• Assessing the viability of your claim
• Gathering and organizing necessary evidence
• Communicating with medical experts and insurance companies
• Negotiating settlements on your behalf
• Representing you in court if necessary
• Ensuring you meet all legal deadlines and requirements

Engaging a solicitor experienced in dental negligence cases can significantly increase your chances of a successful claim and fair compensation.

Time Limits for Filing Dental Negligence Claims

Understanding the time constraints for filing a dental negligence claim is crucial. In most cases, there is a strict time limit within which you must initiate legal proceedings.

When does the time limit for filing a claim begin? The three-year time limit typically starts from one of two points:

1. The date the negligence occurred
2. The date you became aware that your injury was caused by negligence (known as the “date of knowledge”)

Are there exceptions to this time limit? In some cases, yes. Exceptions may apply for:

• Minors (where the time limit starts from their 18th birthday)
• Individuals with mental incapacity
• Rare instances where the court agrees to extend the time limit

Given these time constraints, it’s advisable to seek legal advice as soon as you suspect dental negligence has occurred. Prompt action ensures you don’t lose your right to claim due to time limitations.

Steps to Take If You Suspect Dental Negligence

If you believe you’ve been a victim of dental negligence resulting in a jaw fracture, taking prompt and appropriate action is crucial. These steps can help protect your rights and strengthen any potential claim.

Immediate Actions Following Suspected Negligence

What should you do if you suspect dental malpractice? Follow these steps:

1. Seek immediate medical attention to address the injury
2. Document everything, including symptoms and conversations with dental professionals
3. Request and obtain copies of all relevant dental and medical records
4. Take photographs of visible injuries or complications
5. Keep records of all expenses related to the injury
6. Consult with a dental negligence solicitor as soon as possible

Should you file a formal complaint with the dental practice? While not required for a legal claim, filing a complaint can create an official record of the incident. However, it’s advisable to consult with a solicitor before taking this step to ensure it doesn’t adversely affect your potential claim.

The Process of a Dental Negligence Claim

Understanding the process of a dental negligence claim can help you prepare for what lies ahead. While each case is unique, most claims follow a general pattern.

Stages of a Dental Negligence Claim

What are the typical stages of a dental negligence claim?

1. Initial consultation with a solicitor
2. Investigation and gathering of evidence
3. Obtaining expert medical opinions
4. Sending a letter of claim to the defendant
5. Receiving and reviewing the defendant’s response
6. Negotiation or mediation attempts
7. Court proceedings (if a settlement cannot be reached)
8. Trial (in rare cases where settlement is not possible)

How long does a dental negligence claim typically take? The duration can vary significantly depending on the complexity of the case and whether it goes to court. Simple cases might be resolved in months, while more complex ones can take several years.

Throughout this process, your solicitor will guide you, explaining each step and advising on the best course of action based on the specific circumstances of your case.

Potential Outcomes of Dental Negligence Claims

The resolution of a dental negligence claim can take various forms, each with its own implications for the parties involved. Understanding these potential outcomes can help you set realistic expectations for your case.

Common Resolutions in Dental Negligence Cases

What are the possible outcomes of a dental negligence claim?

• Out-of-court settlement: Many cases are resolved through negotiation between the parties, resulting in a compensation agreement without going to trial.
• Court judgment: If a settlement can’t be reached, the case may go to court where a judge will make a binding decision.
• Claim dismissal: In some cases, if there’s insufficient evidence of negligence, the claim may be dismissed.
• Alternative dispute resolution: Mediation or arbitration might be used to resolve the claim outside of court.

Can you appeal if you’re not satisfied with the outcome? Yes, in certain circumstances, you may have the right to appeal a court decision. However, appeals are typically limited to cases where there was an error in the application of the law, not simply dissatisfaction with the outcome.

It’s important to note that the vast majority of dental negligence claims are settled out of court. This can often lead to a faster resolution and less stress for all parties involved.

Prevention and Patient Rights in Dental Care

While understanding how to pursue a claim is important, preventing dental negligence in the first place is even more crucial. As a patient, you have rights and responsibilities that can help ensure you receive safe and appropriate dental care.

Patient Rights and Preventive Measures

What rights do patients have in dental care?

• The right to informed consent before any procedure
• The right to ask questions and receive clear explanations
• The right to receive treatment from a qualified professional
• The right to access your dental records
• The right to seek a second opinion
• The right to refuse treatment

How can patients help prevent dental negligence? Consider these preventive measures:

1. Research your dentist’s qualifications and reputation
2. Ask about the risks and benefits of any proposed treatment
3. Provide a complete and accurate medical history
4. Follow pre- and post-treatment instructions carefully
5. Report any concerns or unusual symptoms promptly
6. Maintain regular dental check-ups for early problem detection

By being proactive and informed, patients can play a significant role in reducing the risk of dental negligence and ensuring they receive high-quality care.

The Broader Impact of Dental Negligence Claims

Dental negligence claims have implications that extend beyond individual cases. These legal actions play a crucial role in shaping the dental profession and patient care standards.

Positive Outcomes of Dental Negligence Claims

How do dental negligence claims benefit society at large?

• Improved patient safety measures in dental practices
• Enhanced training and continuing education for dental professionals
• Development of more rigorous treatment protocols
• Increased awareness of patient rights and informed consent
• Accountability within the dental profession

Do dental negligence claims lead to changes in dental practice? Yes, successful claims often result in reviews of procedures and protocols, leading to improvements in patient care. They can also highlight areas where additional training or resources are needed in the dental field.

While the primary goal of a dental negligence claim is to secure compensation for the injured party, these legal actions also serve as a mechanism for maintaining and improving standards within the dental profession. This ultimately benefits all patients by promoting safer and more effective dental care practices.

Emotional and Psychological Impact of Dental Negligence

The consequences of dental negligence extend far beyond physical injuries. Many patients who experience complications like jaw fractures due to dental malpractice also face significant emotional and psychological challenges.

Common Psychological Effects

What emotional impacts might victims of dental negligence experience?

• Anxiety about future dental treatments
• Depression related to pain and lifestyle changes
• Post-traumatic stress disorder (PTSD)
• Loss of self-esteem, especially if the injury affects appearance
• Anger and frustration towards the healthcare system
• Social isolation due to physical limitations or embarrassment

Is psychological support included in dental negligence claims? In many cases, yes. Compensation can cover the cost of psychological therapy and counseling needed to address the emotional trauma resulting from dental negligence. It’s crucial to document and communicate these psychological effects to your solicitor to ensure they are considered in your claim.

Recognizing and addressing the emotional impact of dental negligence is vital for comprehensive healing and recovery. Support groups and professional counseling can play a significant role in helping victims cope with the psychological aftermath of their experiences.

Alternative Dispute Resolution in Dental Negligence Cases

While many people associate legal claims with courtroom battles, alternative dispute resolution (ADR) methods are increasingly popular in dental negligence cases. These approaches can offer a less adversarial and often more efficient way to resolve disputes.

Common ADR Methods in Dental Negligence

What are the primary forms of ADR used in dental negligence cases?

1. Mediation: A neutral third party facilitates discussions between the parties to reach a mutually agreeable solution.
2. Arbitration: An impartial arbitrator hears both sides and makes a binding decision.
3. Negotiation: Direct discussions between the parties’ legal representatives to reach a settlement.

What are the advantages of using ADR in dental negligence claims?

• Often faster than court proceedings
• Generally less expensive than going to trial
• Provides more control over the outcome for both parties
• Can be less stressful and confrontational
• Allows for more creative and flexible solutions
• Maintains confidentiality better than public court proceedings

Is ADR always appropriate for dental negligence cases? While ADR can be effective in many situations, it may not be suitable for all cases. Complex cases or those involving severe injuries might still require traditional court proceedings. Your solicitor can advise on whether ADR is a viable option for your specific situation.

The Role of Expert Witnesses in Dental Negligence Claims

Expert witnesses play a crucial role in dental negligence claims, providing specialized knowledge and professional opinions that can significantly influence the outcome of a case.

Importance of Expert Testimony

How do expert witnesses contribute to dental negligence claims?

• Provide professional opinions on the standard of care
• Assess whether the dentist’s actions deviated from accepted practices
• Evaluate the causation between the dental treatment and the injury
• Offer insights into the long-term implications of the injury
• Help quantify the damages, including future medical needs

Jaw Fracture Dental Negligence Claims

How much are dental negligence jaw facture pay-outs?

If you make a successful claim for a jaw fracture caused by dental negligence, the amount of money that you might be awarded in compensation will depend on a number of factors. These include:

• The severity of the injury you sustained and its impact on your life, both now and in the future
• The extent of further treatment and restorative dentistry you might need to fix the issues caused by the dental negligence
• Any other suffering and issues caused by the injury e.g. if you have been disfigured as a result

You will also be able to claim back any financial losses and expenses that you have had as a direct result of the injury caused by dental negligence. This could include things like lost wages for time at work that you have missed and the money that you have paid out for travelling to medical appointments.

Can you claim money if a dentist snaps your jaw?

If a dentist does cause you a jaw injury during treatment because they have made an avoidable error or you have been on the receiving end of a standard of care that falls below what is reasonable and acceptable, you might well be able to make a compensation claim. Jaw fractures as a result of dental negligence are not common, but they do sometimes happen and it can be a very traumatic experience, as well as being painful and sometimes leading to further health issues.

What proof is needed for a claim for dental negligence jaw fracture?

If you want to make a dental negligence claim for a jaw fracture, you’ll need to prove that the dental professional was negligent in your care and that you were injured as a direct result of this. An experienced dental negligence solicitor can handle gathering the necessary evidence required to give your claim the best chance of a successful outcome. The kinds of evidence most often used in this type of dental negligence claim would be dental records and medical records from before and after the incident, so that it can be proven that your dental treatment caused the jaw fracture and any other resulting issues. You may also need to be assessed by an independent expert to assess the injury, its impact on your life and any long-term or permanent consequences from what has happened to you. As expert dental negligence solicitors who have helped our clients successfully claim compensation in a wide variety of different types of case, we’re ideally placed to gather the evidence needed on your behalf.

Who do I complain to if a dentist has damaged my jaw?

You don’t need to have made a formal complaint to your dentist in order to make a dental negligence claim. If your dentist or a hospital was negligent when treating you and your jaw was fractured as a result, you can make a compensation claim regardless of whether you complained at the time or not. In some cases, you might not realise the damage that was done by your dentist until some time after the treatment you received.

If you believe that your dentist has damaged your jaw during treatment and you want to make a formal complaint, you can write to the practice at which you were treated. You can find out more about complaining about poor dental treatment here.

Can I claim if my dentist broke my jaw during extraction treatment?

You might be eligible to claim dental negligence compensation if your dentist broke your jaw during a tooth extraction if you meet the requirements and are within the three-year time limit. The eligibility criteria requires that you must have been injured as a direct result of an avoidable error made by your dentist or because the standard of care that they gave you was not acceptable or reasonable.

The three-year time limit starts from when the negligence occurred or from when you found out that you were injured as a result of dental negligence. Once this time limit has passed, you will no longer be able to make a dental negligence claim for what happened to you. This is one reason why it’s important to get expert legal advice as soon as possible after the incident that resulted in your injury.

Get in touch today for more information or to find out if you can make a dental negligence claim.

[Surgical treatment of lower jaw pseudoarthrosis as a result of fracture non-treatment following tooth extraction]

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Case Reports

. 2008 Jul;62(3):301-3.

[Article in

Croatian]

Zeljko Orihovac 
¹
, Narandza Aljinović-Ratković, Sinisa Varga

Affiliations

Affiliation

• ¹ Klinika za kirurgiju lica, celjusti i usta, Klinicka bolnica Dubrava, Zagreb, Hrvatska. [email protected]

• PMID:

  18843851

Case Reports

[Article in

Croatian]

Zeljko Orihovac et al.

Acta Med Croatica.

2008 Jul.

. 2008 Jul;62(3):301-3.

Authors

Zeljko Orihovac 
¹
, Narandza Aljinović-Ratković, Sinisa Varga

Affiliation

• ¹ Klinika za kirurgiju lica, celjusti i usta, Klinicka bolnica Dubrava, Zagreb, Hrvatska. [email protected]

• PMID:

  18843851

Abstract

Fracture of the lower jaw following tooth extraction is a rare and severe complication, occurring most often in the preangular region following third molar extraction. When left untreated, pseudoarthrosis can occur. Symptoms show a wide variance, including pathologic mobility, pain and infection, as well as sometimes trismus before and following surgical treatment. The possible complications of pseudoarthrosis may be malnutrition, jaw deformity and long-term disability. Treatment options range from prescription of a soft diet in case of simple fracture to surgical treatment by open reduction and internal fixation. A case is presented where a 47-year-old male suffered from painful perimandibular swelling and complained of “instability” of the lower jaw as well as hypoesthesia in the area of the left mental nerve. Case history revealed that he had had extraction of the lower left second molar (tooth 37) four months before. Following clinical and radiographic examination he was diagnosed with non-diagnosed and/or non-treated lower jaw fracture. The patient was surgically treated using an oseosynthetic plate to ensure stability. The postoperative protocol showed satisfactory results. Bone growth in the fracture line was recorded in the follow up. However, due to the four-month period of pseudoarthrosis and infection, the plate was removed much later than it would have been the case if surgical treatment had been performed immediately following the fracture. The delayed diagnosis of this fracture demonstrates the necessity of radiologic control when a fracture is suspected following tooth extraction. When a patient shows symptoms inconsistent with those following tooth extraction, surgical consultation is recommended.

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Removal of wisdom teeth and possible risks

It would seem that a seemingly harmless operation to remove a wisdom tooth does not carry any serious consequences. But in fact, there can be many problems behind this: from paralysis of the nerves to a broken jaw. So what are the risks if you want to have a wisdom tooth pulled out and what can you expect?

I would like to note right away that most operations are successful and without complications. But, as they say: Forewarned is forearmed. Therefore, when extracting teeth, the following difficulties may arise, which you should be aware of:

Nerve paresthesia

When a wisdom tooth is removed, conduction anesthesia of the main nerve in the region of the lower jaw wing can be performed. The procedure is not pleasant, but in most cases it is successful and without any side effects. But due to the fact that this anesthesia is done next to the nerve, due to the lack of direct visibility, there is a risk of getting an injection into it, after which nerve paresthesia will occur and you will lose the sensitivity of the lips.

Severe bleeding

The roots of wisdom teeth are closely intertwined not only with nerves, but also with blood vessels. And due to limited visibility, the doctor can damage the blood vessel by removing the tooth, after which severe bleeding will occur. Professional dentistry in Riga has its own tools and methods for this case, so do not be too afraid.

Long healing and high invasiveness

Unfortunately, wisdom teeth do not always grow in a comfortable position. Therefore, sometimes a simple removal can develop into a complex operation. This happens when the wisdom tooth has deviated from its axis and interferes with other teeth, or it has half crawled out and stopped. In this case, it will have to be sawn to pull it out piece by piece. And if the wisdom tooth has not yet come out, but is already interfering with other teeth, in this case it will need to be cut out of the bone. Not the most pleasant procedure, followed by a long healing period due to many incisions. And, by the way, not all surgeons undertake this operation, because this requires special tools and skills.

The root of a wisdom tooth can remain in the bone

As mentioned above, the roots of wisdom teeth can be quite insidious. And the most unpleasant moment when they are crooked. With such roots, there is a risk that they will break during removal and remain in the bone.

Jaw fracture

This is a very rare case, but to be aware of all the risks, purely hypothetically there is a risk of breaking the jaw during the removal of a wisdom tooth. This can happen due to improper distribution of the load, when the wisdom teeth have too long roots and a difficult extraction is planned.

In fact, you have nothing to fear if you choose a professional dental surgeon with many years of experience. After all, even though his services will cost more, you will remain safe and sound, and will delight the world with your beautiful smile more than once.

Sign up for a free 15-minute video consultation (zoom), or ask your question on facebook or in a letter.

What to do if the jaw hurts after the removal of a wisdom tooth

Formally, from the point of view of classification, wisdom teeth (“eights”) are the same molars (large molars) that are used for chewing and grinding food. However, in fact, for a number of reasons, these teeth have a special attitude: both among dentists and their patients.

The reason for this attitude lies in several aspects:

• Rudimentary. Science has proven that the extreme molars in the mouth are a legacy of very distant ancestors, whose jaw was much larger, the current “wisdom teeth” fit on it without problems and were functionally very important for primitive man. Currently, their value has dropped to almost zero.
• Late eruption. In a modern person, wisdom teeth appear in adulthood (from 17 to 25 years), when the bone tissue is already formed. Moreover, they do not replace dairy, but grow for the first time. As a result, the pain is much stronger than usual, and in search of “their place” on the jaw, the erupting wisdom tooth can lead to rupture of soft tissues, the risk of infection and even more serious consequences, up to malocclusion and diseases of adjacent teeth.
• Hard to reach position. Wisdom teeth occupy an extreme position in the dentition, which makes it difficult to clean them well, and in case of illness – treatment.

Treat or remove a wisdom tooth?

Removal of a wisdom tooth

Late eruption of a wisdom tooth and the absence of a “prepared” place for it can lead to unpleasant consequences of varying severity, including caries of the number eight itself and adjacent teeth, pericoronitis, displacement and damage to nearby healthy teeth, malocclusion , inflammation of the gums, periostitis and much more.

It is technically possible to cure such a tooth, but sometimes it is very difficult. Therefore, dentists act as follows: if the erupting wisdom tooth does not lead to any pathologies, it is left in place. Sometimes it can even be useful in the future, for example, as an abutment tooth for bridge prosthetics.

If the figure eight erupts problematic and even more so turns into an impacted tooth, then they try to remove it, and sometimes this requires a serious surgical intervention with cutting the gums and drilling the tooth out of the bone tissue (if it has not erupted or erupted only partially).

Jaw pain after wisdom tooth extraction

Natural processes

Even with the so-called “simple” wisdom tooth extraction, the jaw will inevitably hurt for 5-7 days after this procedure. This is normal, and if the pain causes you severe discomfort, after consulting with your doctor, you can periodically take painkillers.

If the extraction was “difficult” and involved incision and suturing of the gum tissue, this pain may last a little longer, but it will eventually subside.

If, after 7-10 days, the pain still persists, you should definitely consult a doctor, as this may be a sign of a developing pathology, for example, inflammatory processes.

Alveolitis

One of the most common complications after the removal of any tooth, including the wisdom tooth, is alveolitis – the development of inflammatory processes in the socket of the extracted tooth due to the fact that a protective blood clot has not formed there.

The main symptom of alveolitis is a severe pain experienced by the patient in the jaw in the area of ​​the extracted tooth. There may also be swelling of the gums, fever and general malaise.

Wisdom tooth pain

Alveolitis is treated by relieving inflammation. To do this, the dentist prescribes special anti-inflammatory drugs, in some cases – physiotherapy.

In no case should you treat alveolitis yourself on the recommendations of friends or the Internet. Incorrect treatment can lead to more serious consequences, up to osteomyelitis – inflammation of the jaw bone tissue.

Paresthesia

After a complex extraction of a wisdom tooth, in addition to pain, you may feel numbness in the tongue, lips, and cheeks for some time. This complication is called paresthesia and occurs when nerve endings are damaged during the procedure.

Treated with therapy with B and C vitamins, as well as injections of dibazol and galantamine. Treatment, again, should be prescribed exclusively by a dentist.

Jaw fracture

If the wisdom tooth is difficult to remove, as a result of careless manipulations, a fracture of the jawbone can occur, which will be accompanied by severe pain. Most often this occurs when using a chisel and hammer to “gouge” a tooth or root.

A fracture caused by tooth extraction is often not immediately recognized. Its symptoms (pain in the jaw, difficulty opening the mouth, discomfort when chewing food) can be attributed to the usual temporary complications after the procedure. An accurate diagnosis is given only by a thorough examination and a panoramic x-ray of the jaw.

The treatment of a jaw fracture consists primarily in the transport immobilization (ensuring immobility) of the lower jaw using a chin-parietal bandage. In the future, observation is required in the maxillofacial hospital, where the patient will be prescribed all the necessary procedures and drugs.

Dislocation of the lower jaw

This is a “softer” variant of jaw injury in comparison with a fracture during the removal of a wisdom tooth. Most often, a wide opening of the mouth during anesthesia leads to a dislocation of the lower jaw, because the wisdom tooth is the last in the dentition and access to it is limited.

Main symptoms: pain in the ear area, inability to fully close the teeth, in case of unilateral dislocation, the jaw is displaced to the healthy side, in case of bilateral dislocation – forward.

The problem is eliminated at the appointment with the dentist, who, with the help of certain manipulations, sets the jaw back into place.

If you have problems with teething wisdom, we strongly advise you not to let things take their course, but to consult a dentist. The Kornident clinic employs exclusively highly qualified professionals who will be able to remove the wisdom tooth that bothers you with high quality and with minimal risk of complications and give recommendations for the rehabilitation period.