Undergoing dental implant surgery with the expectation of improving one's health and smile, only to find oneself with chronic pain or loss of sensation, is a profoundly debilitating experience. Nerve damage during implant placement is one of the most serious complications in dentistry. In these delicate cases, as an experienced personal injury lawyer in Milan, Avv. Marco Bianucci understands the significant psychological and physical impact such an event has on a patient's daily life.
Dentist's Liability in Nerve Damage
From a legal standpoint, a dentist's liability arises when the damage suffered by the patient is a direct consequence of a technical error or negligence during the preparatory phase. One of the crucial aspects of implantology is the correct assessment of the maxillary or mandibular bone before proceeding with surgery.
The Fundamental Importance of a CT Scan (Dentalscan)
Jurisprudence is now well-established in considering that a simple panoramic X-ray (orthopantomogram) is often insufficient for safely planning implant placement, especially in high-risk areas where the inferior alveolar nerve runs. The failure to prescribe and perform a three-dimensional CT scan, which allows for millimeter-precise measurement of bone thickness and height, constitutes a serious profile of professional fault. If the dentist damages the nerve because they inserted an implant that was too long without first adequately assessing the patient's anatomy through appropriate instrumental examinations, the conditions are met to claim compensation.
The damages resulting from this negligence can include paresthesia (constant tingling), anesthesia (total loss of sensation in the lip, chin, or tongue), or dysesthesia (painful perception of normal stimuli). These symptoms not only cause severe biological damage but also heavily impact a person's normal social and work activities.
The Approach of Studio Legale Bianucci
Addressing a medical malpractice dispute requires extreme technical and legal expertise. The approach of Avv. Marco Bianucci, an experienced personal injury lawyer in Milan, is based on a rigorous and multidisciplinary analysis of each individual case. Before undertaking any legal action, the firm proceeds with an in-depth study of the clinical documentation, collaborating with highly reliable forensic medical examiners and dental experts.
This preliminary phase is essential to unequivocally ascertain the causal link between the dentist's error, such as the failure to perform a CT scan, and the nerve damage. Only after building solid medical-legal foundations does the firm develop the most appropriate strategy, prioritizing, where possible, an out-of-court settlement to obtain fair compensation more quickly, without ruling out judicial proceedings if the opposing party or their insurance company proves uncooperative.
Frequently Asked Questions
How long do I have to claim compensation from the dentist?
In cases of contractual medical liability, as is almost always the case when entrusting oneself to a private dentist or dental clinic, the statute of limitations for asserting one's rights and claiming damages is ten years. This period begins to run from the moment the patient has objective awareness that the damage suffered, i.e., the nerve damage, is directly linked to the previously performed implant surgery.
What should I do if I signed the informed consent form before the implant?
Signing the informed consent form does not in any way exempt the dentist from their responsibilities in case of medical error or negligence. Informed consent serves to inform the patient of the inherent and unavoidable risks of a procedure performed correctly, but it does not authorize the professional to commit technical errors during the surgery or to omit fundamental diagnostic tests such as pre-operative CT scans.
What documents are needed to start a compensation claim?
It is crucial to gather all medical documentation related to the case. This includes pre- and post-operative X-rays, the medical record, estimates, payment receipts, and any pharmacological prescriptions. From the perspective of an experienced personal injury lawyer, complete and organized documentation is the indispensable starting point for submitting the case to the medical examiner for evaluation and concretely assessing the feasibility of a compensation action.
Protect Your Rights with Studio Legale Bianucci
If you have suffered nerve damage following dental implant surgery and suspect negligence on the part of the professional, it is essential to act promptly to protect your health and your rights. Entrusting yourself to a qualified professional is the first step to gaining clarity and facing the situation with due peace of mind.
The costs of legal proceedings and their timelines depend on numerous factors specific to the individual case, including clinical complexity and the need for in-depth expert assessments. Contact Avv. Marco Bianucci at the Milan office located at Via Alberto da Giussano, 26, to schedule an initial consultation. During the meeting, your situation will be carefully analyzed to provide you with a clear and transparent overview of the possibilities for obtaining the compensation you are entitled to.