Las Vegas dental malpractice claims arise when a dentist, oral surgeon, periodontist, or endodontist departs from the standard of care and causes serious patient harm — including permanent inferior alveolar or lingual nerve damage from wisdom tooth extraction, wrong-tooth extractions, dental implant penetration of vital structures, anesthesia complications causing cardiac or respiratory events, or failure to diagnose oral cancer. Unlike general medical malpractice claims, dental malpractice cases require expert testimony from dentists or oral surgeons familiar with the specific procedure at issue and the prevailing standard of care in the Las Vegas community or a similar community. Marathon Law Group handles Nevada dental malpractice and oral surgery injury claims in Las Vegas and Clark County.
Injured in Las Vegas? Call Marathon Law Group at (702) 522-1808 for a free consultation. Our personal injury attorneys work on contingency — you pay nothing unless we win your case.
Inferior Alveolar Nerve Damage from Las Vegas Wisdom Tooth Extractions
The inferior alveolar nerve (IAN) — which provides sensation to the lower teeth, gum, lower lip, and chin — and the lingual nerve — which provides sensation and taste to the tongue — are the most frequently injured structures in wisdom tooth extraction malpractice. Nevada dental malpractice cases involving nerve damage require proof that the treating dentist or oral surgeon deviated from the standard of care before or during the extraction. Pre-operative standard of care deviations include: failure to obtain a cone beam computed tomography (CBCT) scan when two-dimensional panoramic radiographs showed high-risk signs of nerve proximity (darkening, narrowing, or diversion of the inferior alveolar canal at the root tip level) — the CBCT provides three-dimensional imaging that allows precise measurement of the distance between the root and the nerve canal, enabling risk-stratification and informed surgical planning; failure to obtain informed consent adequately documenting that the patient was specifically advised of the risk of permanent nerve injury before proceeding; and failure to recommend or offer coronectomy (deliberate intentional root retention) as an evidence-based alternative for radiographically confirmed high-risk extractions, which reduces IAN injury rates by 60-70% compared to full extraction while eliminating the acute pathology. Intra-operative deviations include excessive apical pressure toward the inferior alveolar canal, use of techniques that increase lingual nerve traction, and failure to recognize intra-operative bleeding or resistance suggesting nerve contact and modify technique accordingly. The results of IAN or lingual nerve injury — paresthesia (numbness), dysesthesia (painful burning sensation), or ageusia (loss of taste) — can be permanent in 1-2% of wisdom tooth extraction cases involving nerve proximity, representing a predictable and well-documented risk that proper technique and planning is specifically designed to prevent.
Nevada Medical Malpractice Framework and Dental Malpractice Claims
Nevada dental malpractice claims are subject to the same NRS Chapter 41A framework as physician malpractice: the complaint must be accompanied by an affidavit of merit from a licensed dentist or oral surgeon in the same specialty as the defendant (NRS 41A.071); the statute of limitations is 3 years from the date of injury or discovery of the injury (NRS 41A.097); and the $350,000 non-economic damages cap (NRS 41A.035) applies to claims against individual healthcare providers. Economic damages — the cost of corrective surgery, nerve repair procedures, neurosensory testing, pain management, and any vocational impact from permanent paresthesia or dysesthesia — are uncapped. Las Vegas dental malpractice claims can also be pursued against dental group practices (Desert Dental, Smile Brands franchises, and similar dental service organizations operating in the Las Vegas market) under respondeat superior for the negligence of employed dentists and oral surgeons. Marathon Law Group evaluates Las Vegas dental malpractice claims with qualified dental expert consultants and pursues all available recovery for patients harmed by negligent dental and oral surgical care.
If you or a loved one has been injured, contact our experienced Las Vegas medical malpractice attorney at Marathon Law Group. We offer free consultations and only get paid when you win.
For more information about your legal options, visit our Nevada personal injury practice area page or contact us today for a free consultation. You should also be aware of the Nevada personal injury statute of limitations to protect your rights.