August 24, 2026
Going to the oral surgeon is usually a step toward better health. You trust these professionals to remove painful wisdom teeth, place implants, or treat severe dental issues safely. However, when an oral surgeon makes a critical error, the results can be painful, expensive, and life-changing.
You can sue an oral surgeon if their actions fall below the accepted standard of care and cause you harm. Holding a careless dentist or oral surgeon accountable helps pay for your recovery and prevents future harm to others. Carvalho & Associates Attorneys at Law handle oral surgeon malpractice cases in Las Vegas, NV. We can help guide you through the legal process and get you the compensation you deserve.
Understanding When Dental or Oral Surgery Errors Qualify as Malpractice
Not every bad outcome means dental medical malpractice occurred. Teeth may not heal properly, or a patient could experience normal pain after surgery. To qualify as oral surgeon malpractice, the provider’s actions must actively breach the accepted standard of care, which is the level of treatment a reasonably skilled oral surgeon would provide under similar circumstances. If another competent surgeon would have avoided the mistake that injured you, you likely have a valid claim. For example, pulling the wrong tooth or leaving a surgical tool inside the mouth clearly violates safety standards.
Medical malpractice cases require you to show that the error directly caused your injuries. If the surgeon made a mistake but you were not hurt, you cannot sue. You must prove actual harm, such as permanent nerve damage, severe infection, or the need for expensive corrective surgeries.
Common Types of Oral Surgeon Malpractice
Errors in the dental chair take many forms. Some mistakes happen due to rushing, while others result from poor training or inadequate planning. Here are the most common types of oral surgeon malpractice:
- Nerve Damage – Extracting teeth near major facial nerves requires extreme care. Cutting or crushing a nerve can cause permanent numbness or pain in the jaw, lips, or tongue.
- Wrong-Site Surgery – Pulling the wrong tooth or operating on the wrong side of the jaw is an inexcusable error.
- Anesthesia Errors – Giving too much medication or failing to monitor the patient’s vitals can lead to brain damage, heart attacks, or even death.
- Failure to Diagnose – Missing clear signs of oral cancer or severe infections can delay life-saving treatments.
- Surgical Site Infections – Failing to use sterile tools or ignoring post-surgery infection signs can cause serious illness.
Legal Standards Required to Prove Negligence in Dental Malpractice Cases
To win a lawsuit, an attorney for medical malpractice must prove four specific legal elements:
- You must prove the surgeon owed you a duty of care, which is usually simple. If you were an official patient of the clinic, the doctor owed you a duty to act safely.
- You must prove a breach of duty. This means the surgeon failed to meet the required standard of care.
- You must prove causation. The breach of duty must be the direct cause of your injury. If you had a pre-existing condition that caused the pain, the surgeon might not be liable.
- You must prove damages. You must have suffered specific losses, such as extra medical bills, lost wages, or severe physical pain.
What Evidence Is Needed to Build a Strong Claim?
Evidence is the foundation of all successful medical malpractice cases. Your dental records are the most critical pieces of evidence. These files show your medical history, X-rays, the surgeon’s notes, and the specific treatments you received. They often reveal exactly where the error occurred.
Expert witness testimony is also required. A judge and jury do not have medical training, so they rely on medical experts to explain what went wrong. Your dental medical malpractice attorney will hire a qualified oral surgeon to review your files. This expert will testify about how your doctor failed to follow the standard of care.
We also collect witness statements, photographs of your injuries, and records of all your corrective medical expenses to build an undeniable case.
When Patients Can Sue an Oral Surgeon
You can file a lawsuit when you suffer significant harm due to a preventable surgical error. However, you don’t have unlimited time to take action. Every state has a strict legal deadline for filing. In Nevada, you generally have three years from the date of the injury or one year from the date you discovered the injury to file a claim. If you miss this deadline, you’ll lose your right to seek compensation. Therefore, it’s vital to speak with a medical malpractice lawyer as soon as you suspect something went wrong.
Potential Compensation Available in Dental Medical Malpractice Cases
A severe dental injury can drain your bank account and lower your quality of life. Through a lawsuit, you can seek compensation for the specific losses you experienced.
Economic damages cover your measurable financial costs. This includes bills for hospital stays, corrective surgeries, prescription medications, and physical therapy. It also covers the wages you lost while recovering from the botched procedure.
Non-economic damages compensate you for the personal toll of your injury. Severe nerve damage or facial disfigurement causes intense physical pain and emotional distress. You can receive financial compensation for this suffering, as well as for the loss of enjoyment of life if you no longer eat or speak normally.
The Importance of Hiring a Dental Medical Malpractice Attorney
Taking on a doctor and their insurance company is incredibly difficult. Malpractice insurers fight aggressively to deny claims and protect their bottom line. They’ll likely argue that your injury was a natural risk of the surgery, not the result of negligence.
A skilled dental medical malpractice attorney levels the playing field. They know how to investigate clinical errors, gather the right medical documents, and hire the best expert witnesses. Your lawyer will handle all negotiations with the insurance company, ensuring you don’t accept a lowball settlement offer. And if the insurance company refuses to pay a fair amount, your lawyer will be fully prepared to take your case to trial.
Contact Us to Protect Your Rights After an Oral Surgery Injury
If an oral surgeon caused you harm, you have the right to demand answers and financial compensation. Carvalho & Associates Attorneys at Law helps injured patients in Las Vegas, NV. We’ll review your case and explain your options, so contact our attorneys for medical malpractice today to schedule a free consultation.