When Can I Sue for Dental Malpractice in Nevada?
Typically people don’t think of dental procedures and oral surgery as being as serious as other medical treatments. But the danger of being injured during a dental procedure due to the negligence of a medical professional are real and should be taken seriously.
Many types of injuries can occur as the result of negligent acts by dentists. These injuries can have significant impacts upon your physical health and well-being.
If you’ve been injured as the result of dental malpractice, our caring Las Vegas personal injury lawyers may be able to get you compensation for:
- Dental and medical bills,
- Corrective procedures,
- Pain and suffering, and
- Punitive damages (in egregious cases).
If you or someone in your family has been injured as the result of medical malpractice, we invite you to call us to explore your options.
Common Types of Dental Malpractice
Dental malpractice can occur under a variety of circumstances. Some common forms of dental malpractice include:
- Lack of informed consent to a medical procedure.
- Failure to refer to a specialist.
- Failure to properly treat complications of care (i.e. infection, paresthesia, etc.).
- Failure to properly perform prosthodontic work (i.e. crowns and bridgework).
- Failure to diagnose various conditions (i.e. oral cancers, periodontal disease, tumors, or infection).
- Failure to properly treat periodontal disease.
- Failure to render appropriate endodontal care.
- Failure to appropriately place, treat, or follow up with dental implants.
- Improper extraction of teeth.
- Failure to appropriately extract teeth.
- Failure to appropriately treat with orthodontics.
- Failure to diagnose or treat temporomandibular joint (TMJ) disorders.
- Failure to properly oversee employees or agents (actual or apparent).
- Improper anesthesia and anesthesia accidents.
We can also help you if were injured in an accident such as a slip-and-fall in a dentist’s office.
Is there a time limit for filing a Dental malpractice claim?
Nevada law typically requires victims of medical malpractice to bring their claims within three years of when the injury occurred.
However, injuries stemming from medical malpractice may not always be immediately apparent at the time they occur. In those situations, Nevada law requires the suit to be brought within one year of the victim discovering the injury or within one year of when the victim should have discovered the injury through the use of reasonable diligence.
Learn more about statutes of limitations in Nevada.
What is the process for filing a medical malpractice suit?
Nevada law provides very specific procedures for filing a medical malpractice claim. Unless these procedures are followed closely and all requirements are met, the malpractice claim will not succeed.
One of the biggest considerations when filing a malpractice claim is whether the victim has been injured by the medical professional’s alleged malpractice. Because people who require the services of a medical professional are often severely ill or undergoing procedures that are inherently dangerous, it can be difficult to determine whether the victim’s injury or death was the direct result of the medical professional’s negligence.
To establish this direct causation, in most cases Nevada law requires the person filing a medical malpractice claim to submit the affidavit of a medical expert in the same, or similar field, as the doctor being sued. The affidavit must state that in the opinion of the medical expert, the injury was caused by the negligence of the doctor being sued and was not the natural result of the victim’s illness.
If the case proceeds to trial, further testimony from medical experts will be necessary to establish that the injury was caused by the doctor or medical staff’s negligence.
Our Las Vegas dental malpractice attorneys can help you find the experts you need to satisfy the requirements of Nevada law for dental malpractice claims.
Injured by dental malpractice in Nevada? Call us for help…
If you or someone in your family was injured due to malpractice in a Las Vegas dental office, we invite you to contact us for a free consultation.