Oral, maxillofacial and dental negligence
Your dental or jaw surgery left you numb or in pain. Let's find out why.
We investigate nerve injuries and harm from dental, oral and jaw surgery, and work to get you compensation for what you've been through.
The short answer
When a dentist or surgeon didn't take proper care, didn't warn you of the risks, or didn't refer you quickly when something went wrong, and you were left with lasting harm, you may have a claim.
Free and confidential · No obligation · Australia-wide
- PhD in lawDoctoral research on patterns of failure in medical negligence
- Since 2014Many hundreds of claims, including group claims
- Patients onlyNever hospitals or insurers
- Health law lecturerUniversity of Newcastle
Does this sound familiar?
It was meant to be routine
- Your lip, chin, tongue or cheek is still numb
- You have burning, tingling or shooting facial pain
- You were told the numbness would just go away
- Nobody referred you to a specialist when it didn't
- The risk of nerve damage was never explained
- A wisdom tooth, implant or root canal went wrong
- Your bite has moved back, or your jaw clicks or locks, since jaw surgery
- A plate or screw keeps getting infected
If any of this happened, we can help you find out whether it should have.
What we do for you
Clear answers, a strong case, and a steady path through it
- 1
Find out what happened
We gather your dental records, scans and referral letters, and map each step of your treatment.
You get: answers, often for the first time.
- 2
Build the evidence
Independent oral and maxillofacial surgeons and dentists review the care you received.
You get: an honest view of your case.
- 3
Resolve it
We negotiate for what you need now, including corrective or revision surgery, pain management, dental work and lost income.
You get: support for what comes next.
How it works
- 1Free case reviewWe talk it through, in confidence
- 2Records and timelineWe request and map your records
- 3Expert reviewSpecialists assess the care
- 4ResolutionMost claims settle, within 18 to 24 months
At any stage: you can stop, ask questions, or contact us.
A note from Rosemary
Nerve injuries to the face are lonely. People often can't see anything wrong, and you may have been told to wait and see for months. I've worked on many of these claims, including group claims. The first weeks after an injury matter, so please don't wait to ask.
With jaw surgery, the people I speak with often say the same thing: they knew it was a big operation, but they didn’t understand what could go wrong or how long it might last. Many have waited a year or more before asking anyone, because they were told to give it time.
Dr Rosemary Listing
ContactThe legal test
Was it negligence?
Care fell short
Below what a competent dentist or oral surgeon would have done.
In plain terms: it shouldn't have been done that way.
It caused harm
Proper care would likely have avoided or reduced the injury.
In plain terms: it made a real difference.
You're within time
In NSW, usually counted from when you found out.
In plain terms: years ago may still count.
What the test means for dental and jaw cases
A known risk is not the end of the question
Nerve injury is a recognised risk of wisdom tooth removal, implants and jaw surgery. That means the question is rarely “did a nerve get injured?” It is usually one of these:
- Planning. Was the nerve's position checked properly before surgery, for example on an X-ray or CBCT scan, and was the plan reasonable given what the scan showed?
- Technique. Was the procedure done the way a competent practitioner would have done it, such as an implant placed to the right depth?
- Warning. Were you told about the risk, how likely it was for you, and the alternatives, before you agreed? This is often the strongest point in elective jaw surgery.
- Follow-up. When numbness or pain didn't settle, were you referred promptly? With some nerve injuries, early treatment or removal of an implant can make a difference.
Your records usually answer these questions: the pre-operative scans and plan, the consent form and consultation notes, the operation note, and what happened at each review afterwards. See getting your records.
Jaw surgery
Jaw surgery: recovery, complications and your rights
Orthognathic (jaw) surgery is usually elective and planned months ahead, so the decisions made before surgery matter as much as the operation itself. Our 12-part series covers the problems people raise with us most often after jaw surgery, from numbness and relapse to infection, joint problems and revision surgery.
- 1
Numbness after jaw surgery
When the lip and chin are still numb, and what proper testing looks like.
Read → - 2
Consent before jaw surgery
What you should have been told, and what the law requires.
Read → - 3
Relapse after jaw surgery
When your bite drifts back, and which movements are least stable.
Read → - 4
Time limits and compensation
When time starts, and what a claim can cover.
Read →
Featured guides
Start with these guides
Swipe or scroll sideways to see more →
Our work
28 guides on dental, jaw and facial nerve injury, arranged by what happened
Grouped by where you feel it and what went wrong. Open any group to see every guide.
- 1Dental treatment
Wisdom teeth, implants and extractions
1 guideJaw surgery
12 guides- Numbness and nerve injury after jaw surgery
- Consent before jaw surgery
- Restricted mouth opening (trismus) after jaw surgery
All 12 guides
- Infection and plates after jaw surgery
- TMJ pain, clicking and locking after jaw surgery
- Relapse: when your bite shifts back
- Double jaw surgery recovery timeline
- Second opinions and revision surgery
- BSSO or double jaw surgery?
- Regret after jaw surgery
- Jaw surgery costs, Medicare and private health
- Time limits and what a claim can cover
- 2Numbness
Lip, chin, tongue and cheek
4 guides - 3Pain and missed diagnosis
Facial pain and nerve diagnosis
5 guides - 4Regulator decisions
Dental practitioners
5 guides
Treated years ago? You may still be in time.
In NSW, time usually runs from when you found out you'd been injured and why, not from the day of treatment. Nerve injuries are often watched for months to see if they recover, and jaw surgery problems such as relapse can take a year or more to show, so the date that matters may be well after your surgery.
Common questions
Questions people ask me
Nerve damage is a known risk. Can I still claim?
Possibly. A known risk can still involve poor technique, poor warning or slow referral.
I was told the numbness would go away. What now?
Ask for a specialist referral. The first weeks can matter for treatment.
Can I claim against a dentist, not a doctor?
Yes. Dentists and oral surgeons owe you the same duty of care.
Several of us had problems with the same surgeon. Does that matter?
It can. When a pattern appears across many patients, it can help show what went wrong, and group claims are sometimes possible. Each person's claim still depends on their own care.
Do I have to stop seeing my surgeon to ask about a claim?
No. Asking a lawyer for advice is confidential, and you decide whether and when to do anything.
Does it cost anything to find out?
No. The first conversation is free. See costs.
Still numb or in pain after dental work?
Talk it through with us. It's confidential, and free to find out where you stand.
Contact Free case reviewWritten by Dr Rosemary Listing, PhD (Law), medical negligence specialist and Of Counsel at Peter Evans & Associates. She is not medically qualified. Last updated 13 November 2026. Read our editorial standards.
References: Rogers v Whitaker (1992) 175 CLR 479; Civil Liability Act 2002 (NSW) ss 5D, 5O; Limitation Act 1969 (NSW).
General information only, not legal or medical advice. Legal services are provided by Peter Evans & Associates.