To sue a dentist, you need a dental malpractice or medical malpractice lawyer who handles cases involving professional negligence. Failed procedures, misdiagnosis, anesthesia errors, and infections require specialized injury representation. A qualified malpractice lawyer understands dental standards of care, works with medical experts, and knows how to navigate strict filing requirements and deadlines that apply to malpractice claims.
Dental malpractice cases require specific expertise because it requires an understanding of professional negligence. These lawyers assess whether or not your dentist’s care fell below accepted professional standards and directly caused your injuries. Not every bad outcome qualifies as malpractice. The key is demonstrating that another competent dentist would have acted differently in your situation. Nevada also has strict deadlines and requires expert medical testimony to support your claim.
This article explains what dental malpractice is, when you can sue a dentist, what evidence you need, and how a medical malpractice attorney can help evaluate and pursue your case.
What Kind of Lawyer Do You Need to Sue a Dentist in Nevada?
You need a dental malpractice attorney to sue a dentist in Nevada. A dental malpractice lawyer understands the complex medical standards that dentists must follow. They know how to prove that your dentist’s actions fell below the accepted level of care and directly caused your injury.
At Ladah Injury & Car Accident Lawyers Las Vegas, we handle dental malpractice cases as part of our medical malpractice practice. Our background as former insurance defense attorneys gives us unique insight into how dental malpractice insurers defend these cases. We offer free consultations, work on a contingency fee basis where you pay nothing unless we win, and provide 24/7 client support throughout your case.
The sooner you contact a dental malpractice attorney, the better we can preserve evidence and meet Nevada’s strict legal deadlines.
What Is Dental Malpractice?
Dental malpractice is when a dentist, oral surgeon, or dental professional provides care that falls below accepted standards and causes you harm. This means the dental care you received was so poor that other dentists would agree it was negligent.
Not every bad outcome from dental treatment is malpractice. Dentistry involves risks, and sometimes complications happen even when the dentist does everything correctly.
The key difference is whether your dentist followed proper procedures and made reasonable decisions based on your condition:
- Normal Risks: Minor bleeding after tooth extraction, temporary sensitivity after a filling, or mild swelling are expected outcomes that don’t qualify as malpractice.
- Potential Malpractice: Permanent nerve damage from an implant, extracting the wrong tooth, severe infections from unsterilized tools, or failure to diagnose oral cancer may be grounds for a lawsuit.
Your dental malpractice attorney will review your case to determine if the harm you suffered was due to negligence or an unfortunate but unavoidable complication.
When Can You Sue a Dentist for Negligence?
You can sue a dentist for negligence when their substandard care directly causes you significant harm. To win a dental malpractice lawsuit in Nevada, you must prove four specific legal elements.
Your attorney must establish each of these requirements:
- Duty of Care: A dentist-patient relationship existed, meaning the dentist had a professional obligation to provide you with competent care.
- Breach of Duty: The dentist failed to meet the standard of care that other reasonable dentists would provide under similar circumstances.
- Causation: The dentist’s negligent actions were the direct cause of your injury, not some other factor.
- Damages: You suffered measurable harm such as medical bills, lost wages, pain and suffering, or permanent disability.
If any one of these elements is missing, you won’t have a successful malpractice claim. This is why working with an experienced dental malpractice attorney is essential to evaluate whether your case meets these legal requirements.
Common Dental Malpractice Examples Patients Should Know
Dental malpractice can occur in many different ways during routine and complex procedures. Recognizing these situations helps you understand whether you may have grounds for a lawsuit.
We commonly see these types of dental negligence in our Las Vegas practice:
- Anesthesia Errors: Anesthesia injuries from administering too much sedation, failing to monitor your vital signs, or not recognizing allergic reactions.
- Diagnostic Failures: Missing oral cancer, periodontal disease, or infections that a competent dentist should have detected during routine examinations.
- Surgical Mistakes: Permanent nerve damage during wisdom tooth extractions, improper implant placement, or damaging healthy teeth during procedures.
- Wrong Tooth Extraction: Removing the wrong tooth or extracting teeth that could have been saved with proper treatment.
- Infection Control: Serious infections caused by unsterilized instruments, contaminated equipment, or failure to prescribe appropriate antibiotics.
- Prosthetic Failures: Improperly fitted crowns, bridges, or dentures that cause pain, damage, or require extensive corrective work.
- Unnecessary Procedures: Performing expensive treatments you don’t need for financial gain rather than medical necessity.
Each case is unique, and what constitutes malpractice depends on the specific circumstances of your treatment and the standard of care in your situation.
What Do You Have to Prove in a Dental Malpractice Case?
Proving dental negligence requires more than just showing you had a bad outcome from dental treatment. Nevada law requires specific types of evidence to establish that malpractice occurred.
Your case must demonstrate that another competent dentist would have acted differently in the same situation. This means understanding what is an expert witness, you need testimony from a qualified dental professional who can explain how your dentist’s care fell below accepted standards.
You also need clear documentation that connects your dentist’s negligent actions to the injuries you suffered. Medical records, x-rays, photos, and treatment notes all play crucial roles in building this connection.
As your dental malpractice attorneys, we handle the complex work of finding qualified dental experts and gathering all necessary evidence. We work with respected dentists who can review your case and provide the expert testimony required under Nevada law.
What Evidence Proves Dental Negligence?
Strong evidence is the foundation of every successful dental malpractice case. You need documentation that clearly shows what happened, when it happened, and how it caused your injuries.
We help our clients gather and preserve what constitutes evidence in law, all critical documentation before it can be lost, altered, or destroyed:
| Evidence Type | Why It’s Important |
| Complete Dental Records | Shows the timeline of your treatment, what procedures were performed, and any complications noted |
| X-rays and Imaging | Provides visual proof of damage, improper work, or missed diagnoses |
| Photos and Videos | Documents visible injuries, swelling, scarring, or damage to your teeth and mouth |
| Second Professional Opinions | Confirms that your original treatment was substandard and identifies what should have been done |
| Medical Bills and Records | Proves the financial cost of corrective procedures and ongoing medical care |
| Pain and Recovery Journal | Documents your daily symptoms, limitations, and how the injury affects your life |
The sooner you contact us, the better we can preserve this evidence. Dental offices sometimes lose or alter records, and physical evidence of your injuries may change as you heal.
What Deadlines and Requirements Apply in Nevada?
Nevada has strict deadlines and procedural rules for dental malpractice lawsuits. Missing these requirements can result in losing your right to compensation forever.
Statute of Limitations: Nevada law limits how long you have to file a dental malpractice lawsuit, so it’s important to consult an attorney promptly to protect your rights. This deadline is shorter than most other types of personal injury cases.
Expert Affidavit Requirement: Nevada law requires you to file an affidavit from a qualified medical expert with your lawsuit. This expert must practice in a field substantially similar to the dentist you’re suing and must confirm that your claim has merit.
Damage Caps: Nevada limits non-economic damages, such as pain and suffering, to $350,000 in medical malpractice cases. However, there’s no cap on economic damages like medical bills and lost wages.
We have established relationships with trusted dental experts throughout Nevada to ensure this critical affidavit requirement is met. Our team handles all procedural requirements so you can focus on your recovery.
What Steps Should You Take Before Filing a Claim?
The actions you take immediately after discovering potential dental malpractice can significantly impact your case. Following these steps protects your health and preserves your legal rights.
Get Immediate Medical Care and a Second Opinion
Your health comes first. See a different dentist or specialist immediately to address your injury and prevent further damage. Ask this new provider for a written opinion about what caused your injury and what corrective treatment you need.
Don’t delay seeking treatment because you’re worried about cost. Prompt medical care not only protects your health but also creates important documentation for your case.
Request All Your Dental Records and Take Photos
Contact your original dentist’s office and request a complete copy of your dental records, including all notes, charts, x-rays, and treatment plans. You have a legal right to these records under Nevada law.
Take clear photos of your injuries from multiple angles to document their severity. These photos become crucial evidence, especially as your condition changes during treatment and healing.
Avoid Recorded Statements and Don’t Sign Anything
The dentist’s malpractice insurance company may contact you asking for a recorded statement about what happened. Don’t provide one without speaking to an attorney first.
Never sign any documents, releases, or settlement offers from the insurance company. These documents are designed to limit or eliminate your right to fair compensation.
Contact a Nevada Dental Malpractice Lawyer Immediately
Call an experienced dental malpractice attorney as soon as you suspect negligence. We offer free consultations to evaluate your case and explain your legal options.
Early legal involvement ensures evidence is preserved, deadlines are met, and your rights are protected from the beginning. The sooner we can start investigating your case, the stronger we can make it.
What Compensation Can You Recover in Nevada?
If you’ve been harmed by dental negligence, Nevada law allows you to seek compensation for both your financial losses and personal suffering. Understanding these damage categories helps you know what to expect from your case.
Economic Damages (No Cap):
- Economic damages include all past and future medical and dental bills for corrective treatment
- Lost wages from time off work due to your injury
- Reduced future earning capacity if your injury is permanent
- Cost of ongoing care, medications, and medical equipment
Non-Economic Damages (Capped at $350,000):
- Physical pain and suffering from your injury
- Emotional distress and mental anguish
- Disfigurement or permanent scarring
- Loss of enjoyment of life and activities you can no longer do
The value of your case depends on the severity of your injuries, the impact on your daily life, and the strength of the evidence proving malpractice. We work with medical experts and economists to accurately calculate all your damages and fight for maximum compensation.
Will Your Case Settle or Go to Trial?
Most dental malpractice cases settle before going to trial, but you need an attorney prepared to take your case to court if necessary. Insurance companies are more likely to offer fair settlements when they know you have strong legal representation.
We evaluate every settlement offer against what we believe your case would be worth at trial. Our preparation for trial strengthens our negotiating position and often leads to better settlement offers.
You always make the final decision about accepting any settlement. We’ll explain the pros and cons of settling versus going to trial so you can make an informed choice about what’s best for your situation.
Having attorneys with trial experience gives you leverage in settlement negotiations and ensures you’re prepared for any outcome.
Can Dental Malpractice Lead to Wrongful Death Claims?
In the most serious cases, dental malpractice can result in death. This typically happens when patients develop severe infections, have allergic reactions to anesthesia, or suffer complications during oral surgery.
When dental negligence causes death, surviving family members may file a wrongful death lawsuit. In Nevada, this includes spouses, children, parents, or other dependents who relied on the deceased person financially.
Wrongful death claims can recover compensation for funeral expenses, lost financial support, medical bills before death, and the emotional impact on the family. These cases require immediate legal attention due to strict deadlines and complex legal requirements.
Why Choose Ladah Injury & Car Accident Lawyers Las Vegas
Our firm brings a unique combination of experience, resources, and proven results to every dental malpractice case. We have achieved significant recoveries for clients across a wide range of personal injury cases.
Our Advantages:
- Former Insurance Defense Experience: We know how malpractice insurers defend cases and use this knowledge to build stronger claims for our clients.
- Established Expert Network: We work with respected dental professionals who can provide the expert testimony required under Nevada law.
- No Upfront Costs: Our contingency fee structure means you pay nothing unless we win your case.
- 24/7 Availability: We’re always available to answer your questions and provide support throughout your case.
We understand the complexities of Nevada’s malpractice laws and handle every aspect of your case from investigation through trial or settlement. This allows you to focus on your recovery while we fight for the compensation you deserve.
Hurt by a Dentist in Las Vegas? Get Your Free Case Review
If you believe you’ve been injured by dental negligence in Las Vegas, don’t wait to seek help. Nevada’s strict deadlines mean you could lose your right to compensation if you delay too long.
Contact Ladah Injury & Car Accident Lawyers Las Vegas today for a free, no-obligation consultation. We’ll review your case, explain your legal options, and help you understand whether you have grounds for a dental malpractice lawsuit.
Call us now or fill out our online form to speak with an experienced dental malpractice attorney who will fight for the justice and compensation you deserve. Remember, you pay nothing unless we win your case.
Frequently Asked Questions
Do I Need a Nevada Expert Affidavit to File My Lawsuit?
Yes, Nevada law requires an affidavit from a qualified medical expert to be filed with your dental malpractice lawsuit. This expert must practice in a field substantially similar to the dentist you’re suing and must confirm that your claim has merit based on their review of your case.
What if I Signed a Consent Form Before My Dental Treatment?
Signing a consent form doesn’t prevent you from suing for malpractice. Consent forms outline known risks of procedures, but they don’t give dentists permission to be negligent or provide substandard care that falls below accepted professional standards.
Can I Sue a Dental Hygienist or Oral Surgeon for Malpractice?
Yes, any licensed dental professional can be held liable for malpractice if their negligence causes harm. This includes general dentists, oral surgeons, orthodontists, periodontists, and dental hygienists working under a dentist’s supervision.
Should I Also File a Complaint with the Nevada State Board of Dental Examiners?
Filing a board complaint is separate from a malpractice lawsuit and won’t result in financial compensation for you. We can advise whether a board complaint might help or hurt your legal case, as sometimes it’s better to wait until after your lawsuit is resolved.
How Long Do Dental Malpractice Cases Typically Take to Resolve?
The timeline for dental malpractice cases varies depending on several factors. Cases that settle out of court typically resolve within 6 months to 1 year. However, if your case goes to trial, you should expect 1.5 to 3 years from the time the lawsuit is filed until resolution.
Will I Owe Legal Fees if We Don’t Win My Case?
No, we work on a contingency fee basis, which means you pay no attorney fees unless we successfully recover compensation for you. We advance all costs required to build your case, including expert witness fees, and only get reimbursed from a successful outcome.