Home > Research Legal Advice > Medical Malpractice > Can I sue for dental malpractice even if I signed a waiver?
Asked 11 months ago - Old Bridge, NJ
FlagI had 4 wisdom teeth pulled and have since suffered parasthesia experiencing minimal to no feeling in my lower teeth, gums, lips and chin. I cannot eat solids as when I try to bite down my tongue gets a sharp stabbing pain and the pain in unbearable.My teeth and gums are in constant pain and even talking feels like little needles are stabbing me in the lips and chin and tongue. I work in a commission based industry and am afraid to go back to work as speaking all day is required and is incredibly painful. I am told this is nerve damage and may or may not be permanent and only time will tell. I am told it could take weeks to 6 months or more to being permanent. I signed a waiver prior to operating that parasthesia could be a risk. Did I sign away my right to sue?
Signing a waiver will not necessarily take away your right to sue for medical malpractice. Nevertheless, injury to the trigeminal nerve due to wisdom tooth extraction is usually deemed an accepted complication of the procedure. That is to say, it is something that can happen in the absence of negligence on the part of the dentist. Therefore you probably do not have a viable malpractice case. To know for sure, you have to provide an attorney the pertinent medical records so that he could review them. If you're going to get the records on your own, make sure you get copies of any dental x-rays were performed.
If you have not seen a neurologist, you should to examine your treatment options. There is a limited window of time to attempt to repair the injury.
You might be able to sue. The waiver cannot fully release the dentist from liability for the dentist's misconduct. Even though you acknowledged that the procedure was dangerous, you certainly did not agree to allow the dentist to "mess up". If you can show that the dentist was grossly negligent or that the dentist deviated from the standard procedure, you would be able to sue for malpractice.
It sounds as though your injuries and lost wages are very serious. I would suggest consulting with an attorney as soon as possible to review your medical records and to better examine your options for a possible suit.
I am sorry to hear about your continuing pain. I very much hope that you feel better. Please let me know if I can provide any additional information or help.
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