When Dental Care Goes Wrong: Your Rights and Next Steps
Suing a dentist is possible when their negligence causes you harm beyond what you should have reasonably expected. If you’ve experienced nerve damage, infections, botched procedures, or ongoing pain from dental work, you may have grounds for a malpractice claim. To succeed, you must prove four key elements: Duty, Breach, Causation, and Damages.
Common reasons people sue dentists include:
- Failure to diagnose oral cancer or gum disease
- Nerve damage from improperly performed procedures
- Infections from unsanitary equipment
- Wrong tooth extractions
- Botched root canals or implants
- Anesthesia errors
- Unnecessary procedures
Not every bad outcome is malpractice. A regular visit to the dentist can sometimes result in complications that aren’t anyone’s fault. But when a dentist’s actions fall below the accepted professional standard and cause you real harm, you have legal options.
According to industry data, dental professionals account for 11.5% of all medical malpractice payments. Between 2010 and 2021, the average dental malpractice claim resulted in over $81,000 in compensation. Some cases have resulted in awards exceeding $1 million, particularly for permanent injuries like nerve damage.
The process isn’t simple. Most dental injuries are considered “easily correctable,” which means lawsuits typically only make sense when you’ve suffered significant, lasting harm. You’ll almost certainly need expert testimony from another dentist to prove your case. And you’ll be working against tight deadlines – most states give you only two to three years to file a claim.
If you’re dealing with ongoing pain, mounting medical bills, or permanent damage from dental work, understanding your legal rights is the first step toward getting the compensation you deserve.
Understanding Dental Malpractice vs. a Bad Outcome
Not every bad outcome from dental treatment constitutes malpractice. Dental malpractice occurs when a dentist’s actions or inactions fall below the accepted standard of care for their profession, directly causing harm to a patient. In Nevada, this means a dentist failed to provide the level of care that a reasonably prudent dentist with similar training would have under similar circumstances. As an introduction to medical malpractice in the United States, it is defined as an act or omission from a healthcare provider during treatment that goes against the standard for patient care, causing the patient to suffer an injury.
A dentist has a professional duty to their patients to exercise reasonable care and skill. If they fulfill this duty but an unforeseen complication arises, it is likely an unfortunate outcome, not malpractice. However, if their conduct deviates from accepted dental practices and causes you injury, you may have a valid claim.
Common Examples of Dental Malpractice
Dental professionals can commit malpractice in many ways, leading to significant pain, suffering, and financial loss. Common examples include:
- Failure to Diagnose: Missing or delaying the diagnosis of serious conditions like oral cancer or periodontal disease. Learn more in our guide on Failure to Diagnose.
- Procedural Errors: This includes mistakes during procedures like root canals, extractions (including extracting the wrong tooth), or implant placement, which can result in nerve damage, infection, or damage to healthy teeth.
- Anesthesia Errors: Improper administration or monitoring of anesthesia, leading to severe injury or death.
- Infections: Caused by unsanitary tools or poor hygiene practices in the dental office.
- Unnecessary Treatment: Performing procedures that are not medically required, especially if they cause harm.
- Improper Follow-up Care: Failing to provide adequate post-operative instructions or to address complications, worsening the patient’s condition.
For a deeper dive into the classification of such events, you might find the information in Classifying Adverse Events in the Dental Office insightful.
The Four Pillars of a Winning Malpractice Case
To successfully sue a dentist for malpractice in Las Vegas, Nevada, you must prove four legal elements, often called the “four D’s” of malpractice. The burden of proof is on you, the patient, to provide compelling evidence for each.
Key Elements for Suing a Dentist Successfully
- Duty of Care: You must first establish that a doctor-patient relationship existed. This creates a legal duty for the dentist to provide care that meets professional standards.
- Breach of Duty (Negligence): Next, you must show the dentist breached that duty by failing to meet the accepted standard of care. This means their actions were not what a reasonably prudent dentist in Las Vegas, Nevada, would have done in a similar situation. Proving this almost always requires expert testimony from another dental professional.
- Causation: You must prove a direct causation link between the dentist’s negligence and your injury. The harm you suffered must be a foreseeable consequence of their actions, not a result of a pre-existing condition or an unavoidable complication.
- Damages: Finally, you must demonstrate that you suffered actual, quantifiable damages (physical, emotional, or financial) because of the dentist’s negligence.
In Nevada, you must also file an Affidavit of Merit with your lawsuit. This is a sworn statement from a qualified medical expert confirming that your claim has a valid basis.
Proving Damages: What Compensation Can You Seek?
If your claim is successful, you can recover compensation for your losses, which are categorized as economic and non-economic damages.
- Economic Damages (Special Damages): These cover your direct financial losses, such as:
- Medical and dental bills (past and future)
- Lost wages and diminished earning capacity
- Costs for rehabilitation and therapy
- Non-Economic Damages (General Damages): These compensate for intangible, personal losses, including:
- Pain and suffering
- Emotional distress, anxiety, or depression
- Disfigurement or permanent scarring
- Loss of enjoyment of life
Nevada law places caps on the amount of non-economic damages you can receive in medical malpractice cases. In rare cases of extreme misconduct, punitive damages may also be sought to punish the defendant, though these are also capped.
| Type of Damage | Description | Examples -|
| Economic Damages | These are the easily quantifiable costs directly related to your dental injury. | Medical bills, lost wages, future costs for corrective treatment, physical therapy, prescription medication, transportation to medical appointments, and lost potential earning capacity. |
| Non-Economic Damages | These are subjective, non-monetary losses that compensate for the impact on your quality of life. | Pain and suffering, emotional distress (anxiety, depression, fear, PTSD), disfigurement, loss of enjoyment of life, and loss of consortium (impact on spousal relationship). |
| Punitive Damages | Awarded in rare instances of egregious conduct to punish the defendant and deter similar behavior. | Not directly tied to injury costs; amount depends on the severity of misconduct and jurisdiction caps. |
Your Step-by-Step Guide to Suing a Dentist
Navigating the complexities of a dental malpractice claim can feel overwhelming. Here is a step-by-step guide to the process.
Step 1: Consult a Lawyer and Gather Evidence
The first step is to consult an experienced medical error attorney. They will evaluate your case based on the four elements of malpractice: duty, breach, causation, and damages. To help them, gather all relevant evidence:
- Medical and Dental Records: All records from the dentist in question and any subsequent treating physicians.
- X-rays and Imaging: Scans from before and after the incident.
- Photographs: Pictures of any visible injuries.
- Financial Records: Bills, receipts, and proof of lost wages.
Your attorney will also help you obtain a second opinion and the required Affidavit of Merit from another dental expert, which is necessary to file a lawsuit in Nevada.
Step 2: Understand the Statute of Limitations
Every state has a strict deadline, or statute of limitations, for filing a malpractice claim. In Nevada, the time limit depends on when the injury occurred:
- For injuries that occurred before October 1, 2023: You have one year from finding the injury or three years from the date of the malpractice, whichever is sooner.
- For injuries that occurred on or after October 1, 2023: You have two years from finding the injury or three years from the date of the malpractice, whichever is sooner.
The “findy rule” means the clock starts when you knew or should have known about the injury. Because these deadlines are complex and absolute, consult an attorney immediately to protect your rights.
Step 3: Filing a Lawsuit vs. a Dental Board Complaint
You have two main options when you’ve been harmed by a dentist: a civil lawsuit and a complaint to the state dental board. They have different purposes and outcomes.
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Civil Lawsuit: The goal is to get monetary compensation for your damages, including medical bills, lost wages, and pain and suffering. This is a formal legal process that requires an attorney and may end in a settlement or trial.
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Dental Board Complaint: The goal is to have the dentist’s professional conduct reviewed. This is a regulatory action that can result in disciplinary measures like license suspension, but it will not result in financial compensation for you. You can find more information on the Nevada State Board of Dental Examiners website and the American Dental Association site.
It’s possible to do both, and an attorney can advise you on the best course of action.
Why Suing a Dentist Can Be Difficult
While it is possible to sue a dentist, these cases are often complex, expensive, and challenging to win. A primary hurdle is that many dental injuries are not considered severe enough to justify the high costs of litigation, especially if the damage is minor or easily correctable.
Common Defenses Raised by Dentists
Dentists and their insurers will mount a strong defense. Be prepared for arguments such as:
- Statute of Limitations Expired: The claim was filed after the legal deadline.
- Comparative Negligence: Your own actions (e.g., poor hygiene, not following instructions) contributed to the injury. In Nevada, if you are found more than 50% at fault, you cannot recover damages.
- Lack of Causation: The dentist’s actions did not directly cause your injury; it was due to a pre-existing condition or an unavoidable complication.
- Informed Consent: You were made aware of the risks before the procedure and consented to them.
- No Breach of Standard of Care: The dentist will use their own experts to argue that their treatment was appropriate and met professional standards.
When is Suing a Dentist Not Worth It?
A lawsuit may not be practical if:
- Your injuries are minor or temporary.
- The cost of litigation outweighs the potential compensation. Dental malpractice cases are expensive, often requiring tens of thousands of dollars in upfront costs for expert witnesses and other fees.
- You cannot prove significant, quantifiable harm. Dissatisfaction with cosmetic results or minor discomfort is typically not enough.
- The link between the dentist’s action and your injury is weak.
An attorney must carefully evaluate a case’s legal and financial viability before proceeding.
Frequently Asked Questions about Dental Lawsuits
Here are answers to some common questions about dental malpractice claims.
How much does it cost to sue a dentist?
Most dental malpractice attorneys work on a contingency fee basis, meaning you pay no attorney fees unless you win. The fee is typically a percentage (33-40%) of your settlement or award. However, you are still responsible for case expenses, which can be substantial. These include:
- Expert Witness Fees: Often the largest cost, as expert testimony is required.
- Court Filing Fees
- Deposition Costs
- Medical Record Retrieval Costs
These expenses can total tens of thousands of dollars. Because of this, lawyers typically only take cases where the potential damages are significant enough to justify the costs.
How long does a dental malpractice lawsuit take?
A dental malpractice lawsuit can take anywhere from several months to a few years to resolve. The process involves several stages: investigation and evidence gathering, filing the lawsuit, a findy phase (exchanging information), settlement negotiations, and potentially a trial. While most cases settle before trial, the process is rarely quick.
Can I sue for a failed root canal or implant?
Yes, but only if the failure was caused by the dentist’s negligence, not just a bad outcome. A procedure can fail even when the dentist does everything right. To have a valid claim, you must prove the dentist breached the standard of care. Examples include:
- Improperly placing an implant or performing a root canal.
- Using unsterilized equipment that caused an infection.
- Failing to diagnose a problem that led to the failure.
As with other malpractice claims, you will need an expert witness to testify that your dentist’s actions were negligent and caused your injury.
Find the Right Legal Help for Your Dental Injury
Navigating the complexities of a dental malpractice claim can feel overwhelming, especially when you’re dealing with pain, ongoing medical issues, and financial stress. Here at Injury Nation, we understand what you’re going through, and we’re committed to helping you find the legal support you need.
Finding a specialized lawyer with experience in dental malpractice cases is crucial. These attorneys understand the nuances of dental procedures, the specific legal requirements in Nevada, and how to effectively challenge dentists and their insurance companies. They can assess the validity of your claim, gather the necessary evidence, secure expert testimony, and fight for the compensation you deserve.
We offer a leading directory of top-rated personal injury lawyers in America, including those specializing in medical and dental malpractice. Our goal is to connect victims like you with legal professionals who have the experience and expertise to handle these challenging cases. Many of these firms offer a free case evaluation, allowing you to discuss your situation without any upfront cost or obligation. This is your opportunity to understand your legal options and the potential strength of your claim.
Don’t let the fear of a complex legal battle prevent you from seeking justice. If you’ve been a victim of dental negligence in Las Vegas, Nevada, and are facing ongoing pain, mounting bills, or permanent damage, it’s time to act. Contact us today to learn how we can help you get the compensation you deserve.
You can start by exploring our resources to find a top-rated medical malpractice lawyer in Las Vegas.
