Nerve Injury Dental Malpractice Lawsuit

Rogers v. Dentist

(Filed January 9, 2017)

This is a dental malpractice case filed by a man in Prince George's County. This is the first dental malpractice lawsuit filed in Maryland in 2017 (the 8th lawsuit overall). This suit was filed in Maryland Health Claims Arbitration on January 9, 2017.

Summary of Plaintiff's Allegations

Plaintiff receives a dental implant by defendant doctor. During the procedure, either while drilling the tooth or while placing the implant, defendant dentist goes too deep into the man's jaw. This traumatizes his mental nerve.

Plaintiff reports this to the doctor during a later appointment. Defendant doctor then removes the implant. However, defendant dentist does not initiate any steroids, and does not refer him to an oral surgeon to have the nerve repaired.

As a result of the injury and the failure to repair the injury, plaintiff claims that he had to spend a large amount of money for his dental treatment.

Additional Comments
  • This is a barebones complaint filed on the eve of the statute of limitations without an expert report.
  • There are a lot of dental malpractice cases filed in Maryland and the majority of them follow a similar script. The patient usually receives a dental implant and or gets wisdom teeth extracted and the doctor hits a nerve, usually the lingual nerve.
  • It is fair to say that many Maryland dentists frequently commit medical malpractice. Unlike other health care providers, dentists rarely get called to the mat on their malpractice. The reason is that the extent of the injuries rarely make a claim economically feasible for a medical malpractice lawyer. Most reputable malpractice lawyers fund the litigation for their client. It is difficult for the numbers to make sense if the costs may exceed any settlement or verdict. As far as we can tell, there is only one dental malpractice lawyer in Maryland who regularly files cases like this (and we refer our dental
Jurisdiction
  • Prince George's County
Negligence
  • Lack of informed consent
  • Incomplete procedural records
  • Failure to make appropriate diagnostic radiographs
  • Placing the implant or drilling the osteotomy too deep into the man's jaw
  • Failure to refer the plaintiff to appropriate specialists
Specific Counts Pled
  • Breach of the standard of care
Plaintiff's Experts and Areas of Specialty
  • None at this time
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