Super Lawyers
Justia Lawyer Rating for Ronald V. Miller Jr.
Best Law Firms
Avvo Rating - 10
Million Dollar Advocates Forum
Litigator Awards

Wisdom Tooth Extraction Nerve Damage Lawsuit

Lynn vs Dentist and Periodontist

This is a dental malpractice case filed in Howard County on January 13, 2016.  It was the 17th malpractice lawsuit filed in Maryland in 2016.

Similar Dental Cases

The fact pattern in this case is unbelievably common.  Here are other similar cases.
  • Here is a very similar lawsuit in Gaithersburg for a dental procedure where there was allegedly unnecessary bleeding an injury because the dentist did not get a full medical history of the patient.
  • Hagerstown dental malpractice case involving wisdom teeth extraction gone awry, causing a nerve injury.
  • Prince George’s County wisdom tooth extraction case — do you see a trend? — that caused a lingual nerve injury
  • Rockville claim alleging dentist botched a three-unit fixed bridge when that was not even the appropriate treatment for the patient


  • A periodontist
  • A dentist
  • The dentist’s corporate entity

Summary of Plaintiff’s Allegations

This is a dental malpractice case against a dentist and a periodontist. The plaintiff has been a patient of the dentist for over a year. The plaintiff goes to her dentist to have three of her wisdom pteeth removed. Her dentist refers the Plaintiff to a periodontist for the procedure.

In preparing to extract Plaintiff’s wisdom teeth, a periodontist sees on an x-ray that one of her wisdom teeth is deeply impacted. The periodontist does not refer Plaintiff to an oral surgeon, who would have had the education, training, and experience in the extraction of deeply impacted wisdom teeth.

The periodontist also does not refer Plaintiff for a CT scan, which would allow a periodontist to visualize the nerves below the tooth so as not to damage them during tooth extraction.

The periodontist extracts the tooth himself. In the process of extraction, he traumatizes Plaintiff’s lingual nerve. The dentist takes over the post-op treatment of Plaintiff and does not prescribe steroids or refer Plaintiff to an oral surgeon specializing in nerve repair. Instead, the dentist begins a regimen of laser therapy in an attempt to revitalize the lingual nerve, an off-label and unapproved use of laser therapy.

Plaintiff brings a dental malpractice lawsuit in Howard County against his dentist, periodontist, and the dental practice. Plaintiff alleges that the dentist violated the standard of care by not referring Plaintiff to an oral surgeon and by not referring Plaintiff for a CT scan. Plaintiff alleges that his periodontist violated the standard of care by administering laser therapy instead of referring Plaintiff to an oral surgeon.

Plaintiff claims that as a result of the Defendants’ negligence, she sustained a nerve injury that keeps part of her mouth and tongue permanently numb and in pain, and that interferes with her ability to taste and enjoy food.


  • Dentist fails to refer Plaintiff to an oral surgeon
  • Fails to order or otherwise obtain a CT scan
  • Fails to meet the standard of post-op care, by administering laser therapy instead of referring Plaintiff to an oral surgeon

Specific Counts Pled

  • Negligence

Additional Comments

  • Dentist with a PatientThere is little dispute that lingual nerve injuries can occur from tooth extractions without breaching the standard of care. These nerve injuries can occur from the local anesthetic needle, the local anesthetic solution toxicity, bruising or stretching of the nerve.
  • The Complaint and expert report say that the lingual nerve was traumatized. If the lingual nerve is severed during a lower wisdom tooth extraction like tooth #32 in this case, the liability case is strong. This is because the periodontist would have to go outside the surgical field to sever a lingual nerve during a lower wisdom tooth extraction.
  • The potential value of the case is going to hinge on the level of Plaintiff’s pain. Juries have historically given high damage awards for some loss of taste that comes with this injury. This is particularly true in Howard County which is known as a very conservative jurisdiction in personal injury and medical malpractice cases.

Getting a Lawyer for Your Malpractice Claim

Our law firm handles serious injury and wrongful death cases. If you have been a victim of dental malpractice, find out what we can do for you today by calling 800-553-8082 or get a free, no-obligation online case review.

More Malpractice Claim Information

  • Dental malpractice claims and take a look at sample settlements and verdicts in these cases
  • Suboxone lawsuit – new suits are being filed in 2023 over dental injuries from the use of Suboxone
  • One of the most severe dental malpractice cases involves mishandling of the patient’s blood thinners which can induce a stroke
  • CALL our lawyers today at 800-553-8082 or get a free online medical malpractice injury and wrongful death claims evaluation. We handle claims throughout the entire state of Maryland.
Client Reviews
They quite literally worked as hard as if not harder than the doctors to save our lives. Terry Waldron
Ron helped me find a clear path that ended with my foot healing and a settlement that was much more than I hope for. Aaron Johnson
Hopefully I won't need it again but if I do, I have definitely found my lawyer for life and I would definitely recommend this office to anyone! Bridget Stevens
The last case I referred to them settled for $1.2 million. John Selinger
I am so grateful that I was lucky to pick Miller & Zois. Maggie Lauer
The entire team from the intake Samantha to the lawyer himself (Ron Miller) has been really approachable. Suzette Allen
The case settled and I got a lot more money than I expected. Ron even fought to reduce how much I owed in medical bills so I could get an even larger settlement. Nchedo Idahosa
Contact Information