When you go to your dentist for a routine checkup or a dental procedure, you expect competent care and safety. Dentists are responsible for implementing high standards to ensure the attention given to your treatment is handled with care. However, in some cases, when they fail to exercise this care and mishandle your treatment, you could suffer. A misdiagnosis, wrong procedures, or unsanitary equipment can lead to serious problems, including pain, nerve damage, infection, or injuries that persist over time. These outcomes interfere with your life and could require additional medical care.

In the unfortunate event, you suffer because of dental negligence, you have the right to take legal action. A dental malpractice lawsuit allows you to hold the responsible dentist accountable for their actions. Seeking compensation for your pain, suffering, and medical expenses is possible thanks to this process. With the guidance of an experienced attorney, you can protect your rights and seek the justice you deserve.

Interpreting Dental Malpractice

Before we look at dental malpractice in detail, let us differentiate medical malpractice from dental malpractice.

Medical Malpractice

Medical malpractice occurs when healthcare providers fail to deliver the expected standard of care, resulting in injuries to patients. This oversight can take many forms. For example, surgical mistakes, including working on the wrong site or leaving surgical instruments inside a patient, can produce devastating results. Moreover, misdiagnosis or a delayed diagnosis can delay essential treatment of severe conditions, thus worsening health results.

Risks associated with medical negligence could include giving incorrect prescriptions to patients or failing to recognize harmful drug interactions. Healthcare providers must communicate the risks and benefits of treatments. When they neglect this responsibility, patients cannot make fully informed decisions about their care, which increases the likelihood of patients suffering harm.

Dental Malpractice

Conversely, dental malpractice focuses on issues in the dental care field. Like medical malpractice, it addresses violations of the expected standard of care placed on dental care providers. One common problem patients face is dentists failing to adequately explain procedures' risks, benefits, and alternatives when attempting to obtain informed consent from the patient. Mistakes during root canals, crown placements, or orthodontic treatments can lead to significant patient discomfort and complications. It is sad when patients have to go through this, and they were not aware of the complications before they consented to the procedure.

Moreover, a failure to diagnose dental conditions, like oral cancer and periodontal disease, can have severe consequences if not treated promptly. Inadequately managed complications that can happen either during or after treatment include infections or nerve injuries. They reveal the critical need for careful patient care. If there is inadequate attentive supervision by dental staff, it increases the risk for errors that could compromise patient safety.

Common Types of Dental Malpractice

There are many situations where dental malpractice can happen. Common examples of substandard care that form the basis of dental malpractice lawsuits include:

  • Lack of informed consent — Dentists should ensure patients understand the risks, benefits, and alternative treatment options before proceeding. Without explaining these elements, you cannot make informed decisions on your treatment, which undermines your autonomy.
  • Failure to diagnose dental conditions — Dentists must be alert to identifying dental diseases. Failing to recognize serious situations, like oral cancer or periodontal disease, may postpone necessary treatment that could have serious health consequences.
  • Failure to refer to a specialist — Specific dental problems need expert attention from specialists, who include oral surgeons or orthodontists. When dentists do not send you to the right specialist, they put your care at risk and might increase the chance of complications.
  • Mistakes in endodontic care — Root canals and other endodontic procedures require precision. If the dentist fails to clean or seal the tooth, you could experience infection, extended discomfort, or the need for further treatments.
  • Poor management of complications — You could experience issues that arise after your dental procedure. They range from infections to impaired nerves. Dentists have a duty to monitor your recovery and address any issues promptly. Neglecting this responsibility could result in worsening health problems and added treatment needs.
  • Negligent supervision — Dentists should effectively oversee dental staff. Failing to properly manage hygienists and assistants could cause major problems, including inadequate instrument sterilization or poor-quality patient care.
  • Errors in prosthodontic work — The procedures involving crowns, bridges, or dentures need skill. If dentists make mistakes, you might face discomfort, an improper fit, or the failure of the dental work, which will require corrective action.
  • Anesthesia errors — The administration of anesthesia needs careful attention. When a dentist uses the wrong doses or treatments, there is a risk of allergic reactions or less effective pain management.
  • Inadequate treatment of gum disease — Periodontal disease needs immediate and effective treatment. Inadequate attention from dentists worsens the condition, resulting in tooth loss and additional health complications.
  • Orthodontic mistakes — Orthodontic treatment aims to straighten teeth and improve their function. Errors in either assessment or the application of braces could inflict lasting harm that could call for additional treatment.
  • Dental implant issues — Proper planning and placement of dental implants make all the difference. If dentists fail to install implants correctly or follow up, you could experience complications, including infection or difficulties with neighboring teeth.
  • Wrongful tooth extractions — Dentists must be careful when removing teeth. Mistakes like removing the wrong tooth or applying inappropriate materials can induce pain and more dental complications.
  • Office accidents — Dentists should maintain a safe environment. You might sustain injuries that call for legal action if you suffer a slip-and-fall or another accident because of negligence. You have strong grounds, specifically when you fall because of wet floors or inadequate signage.
  • Failure to Manage TMJ Disorders — Dentists must identify and manage temporomandibular joint (TMJ) disorders. Overlooking these conditions can cause chronic pain and reduce quality of life.

You are entitled to take legal action to recover compensation for the damages incurred in these situations.

Proving Negligence in Dental Malpractice Accusations

In a dental malpractice case, as the plaintiff, you bear the burden of proving that the dentist's negligence led to your injury. The success of your case is anchored on establishing four critical elements, each crucial to proving your claim.

Duty of Care

You have to prove that the dentist was responsible for providing care. This obligation arises effortlessly in the relationship between patients and dentists. Once you engage the dentist, he/she is responsible for maintaining the standard of care expected from a qualified expert. This standard is founded upon what a competent dentist would do in similar situations. Establishing this duty is usually straightforward because it is already legally established and begins when you become the dentist’s patient.

Breach of Duty

You have to show the courts that the dentist failed to meet the necessary standard of care. A breach can occur through various forms of negligence, including:

  • A misdiagnosis.
  • Mistakes during and after the procedure, or
  • Failing to identify and manage complications correctly.

In many cases, expert testimony is necessary to illustrate how the dentist's actions fell below the expected level of care. For example, he/she could explain how a botched root canal caused you harm that could have been avoided with proper care.

Causation

You need to show that the dentist's negligence can be directly attributed to your injury. Simply showing the dentist committed a mistake is insufficient. You must show how that mistake caused you harm.

For example, if a dentist improperly placed a dental implant that caused an infection or damage to a nerve, you should demonstrate that the dentist’s negligence is the leading cause of your pain. Expert testimony can sometimes show the relationship between the dentist's actions and your specific injury. This reinforces the association between the breach and the ensuing injury.

Damages

You must show that you have undergone measurable harm because of the dentist's behavior. This could include:

  • Physical injuries — You can experience injuries like nerve damage, infections, or the extraction of a healthy tooth. When a dentist improperly places an implant or performs a faulty root canal, he/she can inflict serious and prolonged damage. Claims of physical injuries rely on medical records along with the testimony of experts.
  • Emotional distress — The pain derived from unmindful care might be emotional. A poorly performed process might trigger fear, anxiety, and emotional trouble, making you less apt to seek future dental care. You can demonstrate the emotional effects by presenting psychological test results and therapist’s reports.
  • Medical expenses — Inadequate dental care results in costly extra treatments. To deal with the damage inflicted, you could require surgeries to correct issues, medications, or appointments with specialists. You have to document these expenses properly. This will help you quantify the financial strain caused by the malpractice.
  • Lost income — You could struggle to continue to work when you experience dental malpractice injuries. This could require you to take a break to recover, seek further treatment, or continue with ongoing care. You could lose your wages in the process. Presenting pay stubs or statements from your employer would show the financial impact your absence from work caused.
  • Corrective procedures — You may have to undergo additional dental operations to correct the harm caused by the dentist's errors. These surgeries, replacements, or other treatments can be painful and expensive. The insights from other dental professionals can support the need for these corrective strategies.
  • Punitive damages — In critical cases, you might qualify for punitive damages. These damages are intended to punish the dentist for grossly reckless or harmful behaviors, which indicates a message of deterrence.

Your case will only succeed if you show that the dentist's negligence resulted in actual damages. Your personal injury attorney will provide medical records, invoices for additional treatments, and evidence of lost wages to support your claim for damages.

In dental malpractice cases, you can seek two primary types of damages:

  • Economic.
  • Noneconomic.

Each type greatly contributes to the total compensation you could receive after an event of negligence.

Economic damages are actual financial losses that arise from malpractice. These damages are, for the most part, relatively easy to measure and include a range of costs linked to the negligent behavior of the dental practitioner. Medical expenses are the primary portion of economic damages since they cover costs for:

  • Corrective treatments.
  • Follow-up appointments.
  • Ongoing treatments for the injury.

You can claim lost wages as part of a malpractice suit if the malpractice causes you to miss time at work. Part of this category extends to future financial impacts, including additional dental care or alterations to your treatment plan, which necessitate extra expenditures.

On the other hand, non-economic damages focus on losses that are more difficult to measure. These damages capture the non-financial impacts of the malpractice on your quality of life. Pain and suffering are essential parts of noneconomic damage. They address the discomfort caused by the dentist's negligence.

Emotional distress is also included by realizing the mental consequences your situation could initiate, like anxiety or depression that can arise from your experiences. Noneconomic damages also consider the loss of enjoyment of life. This compensation caters to the injury that could prevent you from engaging in activities you once valued.

As of 2024, Nevada has a limit of $350,000 on noneconomic damages for medical malpractice cases, including dental claims. The limit will grow by $80,000 annually, reaching $750,000 by the end of 2028. In 2028 and every year after that, the cap will adjust by 2.1% to take inflation into account and to mirror changing economic circumstances.

Navigating Dental Malpractice Lawsuits

NRS 41A.045 changes the basis of liability assignment in dental malpractice claims in Nevada. The statute guarantees that a lawsuit brought against several dental practitioners holds each one accountable only for the damages that can be traced to their degree of negligence.

For example, when a dentist is 30% at fault for your injuries, they are accountable for just 30% of the total damages awarded in your case. Therefore, if the courts award you $100,000, the dentist would be liable for $30,000.

This law eliminates joint and several liability, which allows individuals to recover total damages from any defendant without regard to their level of responsibility. By removing this option, NRS 41A.045 guarantees that every dental practitioner is accountable only for their share of negligence.

If the dentist has limited financial resources, this could greatly affect your entire recovery. Your attorney will assess the financial position of every dental practitioner involved while preparing for the case. He/she will then advise you on the best way forward since the practitioner’s finances influence your ability to recover the awarded compensation.

Moreover, the statute demands that you prove individual negligence for each defendant. You need to show how each dentist affected your injuries by their particular actions or failures to act. This obligation requires you to present documentation and evidence, including:

  • Medical records.
  • Expert testimonies.
  • The specifics of your treatment history.

Settlement Conferences in Dental Malpractice

Your case could be resolved in a settlement conference. This conference allows parties to resolve disputes before they escalate, and there is a need for a trial. The conference is only effective when all required stakeholders, the plaintiffs, defendants, insurers, and legal teams, are involved and present. From this engagement, candid discussions around settlement possibilities help stakeholders determine if an agreeable outcome is feasible, conserving time and expenditure.

An unbiased judge presides over the conference. He/she will direct the dialogue and ensure everyone can voice their concerns. The judge can grant exemptions for appearing at particular hearings and direct the information shown by each involved party, primarily concentrating on the most critical information regarding the case. For the conference to realize its goals, all participants must engage sincerely. Should any party not participate earnestly, they risk facing penalties, including financial ones.

If the judge perceives a feasible settlement option, they may recommend resolving the case to meet the limits of the defendant's insurance policy. This recommendation could impose serious financial implications. Should the judge recommend this approach and you disagree, your attorney will write a detailed letter concerning your rights, obligations, and the prospective outcomes of the settlement proposal.

You have the right to independent legal representation during these conferences. Usually, the costs of this legal consultation will be covered by the defendant's insurer, limited to $1,500.

Find a Las Vegas Personal Injury Attorney Near Me

Managing dental malpractice can be complex and overwhelming, so consult a personal injury attorney. They will help you understand your rights and the compensation you will likely receive should you pursue a dental malpractice lawsuit. They will evaluate your case to determine if you have valid grounds for your claim while working to maximize your compensation. Their expertise and experience allow you to collect evidence, negotiate effectively with insurance companies, and represent your interests throughout the legal journey.

Our dedicated Las Vegas Personal Injury Attorney Law Firm team is prepared to help you. We understand the complexities surrounding dental malpractice cases and will offer you the assistance you need throughout this challenging situation. Your health and well-being are our priority, and we are committed to holding negligent dental practitioners accountable for their actions. Call us at 702-996-1224 for more information.