Dental Malpractice

What Is Dental Malpractice?

Dental malpractice is a form of medical malpractice. In Nevada, medical malpractice occurs when a doctor, hospital, or hospital employee fails to exercise reasonable care when treating a patient and harms the patient. 

When dental malpractice occurs, the injured patient has a right to compensation. However, this right must be exercised. In most cases, no dentist or dental professional will proactively seek to pay a victim the damages they deserve. Instead, dental professionals focus on potential defenses to a lawsuit. 

Common Examples Of Dental Malpractice

Although dentistry is a highly specialized area of medicine, dentists can commit dental malpractice in many ways. Each one can lead to pain and suffering, financial setbacks, and, sadly, catastrophic injuries and death. They include:

• Misdiagnosis: Misdiagnosis cases encompass delayed diagnosis, wrong diagnosis, and misdiagnosis
• Nerve and tissue damage: Dental malpractice can lead to temporary and permanent nerve and tissue damage
• Cosmetic issues: Dental malpractice can cause serious cosmetic issues for patients
• Anesthesia errors: Anesthesia errors can lead to serious pain as well as catastrophic consequences and death
• Tooth extraction errors: It is not rare for a dentist to extract the wrong tooth or extract a tooth incorrectly, leaving roots and infection behind
• Improper follow-up: Improperly following up procedures with proper patient care and treatment can be deadly
• Failure to detect: Similar to failure to diagnose, failure to detect involves failure to identify signs and symptoms that should be identified and investigated 

Keep in mind that the dentist is not the only professional who may be sued for malpractice. Other dental professionals, such as dental technicians and dental hygienists, may face a demand for compensation for acts of dental negligence. 

Suing for Dental Malpractice in Nevada

Victims of dental malpractice are not automatically compensated for their losses. They must fight to get what they deserve. Settlements are common in these cases. However, injured parties without lawyers should expect any settlement offer they receive to be well below what it should be.

Insurance companies bank on victims’ lack of knowledge as well as their desperation for funds. They regularly tempt victims with quick payouts but don’t tell them they could get up to quadruple or more with a lawyer. 

Once you have a lawyer handling your case, the compensation dialog changes. Adjusters are well aware that claimants’ attorneys do not entertain offensive lowball offers. 

Your lawyer will get to work immediately on the following:

• Investigating the incident
• Retrieving valuable evidence
• Obtaining an affidavit of merit to validate your case
• Handling all claim-related paperwork and filings
• Meeting with insurance adjusters to negotiate damages
• Representing you at trial or in alternative dispute resolution hearings

It is crucial to remember that the faster you act to get justice, the better off your case will likely be in the long run. Time has negative effects on legal actions, including dental malpractice lawsuits. 

Can I Sue My Dentist for Nerve Damage?

Yes. You may sue your dentist for nerve damage if the dentist committed malpractice while treating you. Nerve damage from malpractice might occur due to insufficient anatomical knowledge or imprecise cutting. 

What Is The Statute Of Limitations For Dental Malpractice In Nevada?

Medical malpractice laws in Nevada set the statute of limitations at three years for dental malpractice cases. The lawsuit must be filed within three years of the date of the act of professional negligence. If the patient does not discover the injury until later, they have one year from when it should have been discovered. 

For minors, the rules are different and more complex. If your child has experienced an incident of dental malpractice, it is crucial to speak with an experienced Las Vegas dental malpractice lawyer to safeguard your child’s right to compensation. 

Patients’ Rights Matter

The healthcare industry is a money-making behemoth with a less-than-ideal record of treating patients properly. As a dental patient, you should know that you have options when dental malpractice occurs, and you should never let healthcare workers or anyone else talk you out of what is owed to you. If you have been injured by a dentist, speak with our personal injury attorneys today.

Citations:

Kalenderian E., et al. (2021).Classifying Adverse Events in the Dental Office.
NRS 41A.015.
NRS 41A.061.