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March 9, 2020

How to make a dental negligence claim for compensation

Dental negligence claims for compensation are more common than you might think. Here is a quick summary of some of the more popular cases.

Consent for dental treatment

Where the dentist has undertaken treatment  or procedures without your consent.

Cosmetic dental treatment

From cosmetic treatments not working as long as promised to injuries caused by cosmetic dental treatment.

Issues with tooth extraction

The extraction becomes complicated and the dentist causes you injury without making you aware of the procedure. 

Gum disease

Did your dentist fail to spot the signs of gum disease leading to injury or poor health?

Restorative dental claims 

Treatments such as crowns, bridges, root canals, fillings or veneers.

Dental implants

Failure to assess a patient's health prior to the procedure or a poorly implemented procedure. 

Tooth decay

Common amongst children and can often go undetected by dentists

Oral cancer

Has your dentist failed to pick up on concerning symptoms that are signs of oral cancer?

Can’t see your claim type on the list above? Call us now on 0151 384 6148 or start your free consultation below.

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Why make a dental negligence claim?

Also known as dentist malpractice, dental negligence claims for compensation can be made if you have suffered an avoidable injury,  distress or financial loss as a result of below standard dental work.

Whether an NHS dentist or private dentist, patients are owed a certain level of care and competency when being treated by a dental professional. Claiming compensation for dental negligence can help you to cover the costs of medical care, insurance, bills and financial losses as a result of any malpractice.

The types of dentist complaints can range from the extraction of the wrong tooth to a missed diagnosis of a dental problem.

You may wish to sue your dentist because you've been caused serious injury as a result of their negligence or they did not inform you fully of any procedures, getting your consent and making you aware of any risks beforehand.

Examples of dental negligence

Speak to your solicitor if:

  • Your dentist failed to assess a patient’s medical history properly before performing surgery, missing any pre-existing conditions which could then lead to ongoing issues with treatment.
  • Your dental implant became loose due to a failure to fuse to the bone. An infection surrounding the implant could also cause it to become loose, or the jawbone could be of insufficient quality to secure the implant.
  • Your dentist did not advise you as to whether you are suitable for implants or other surgery based on your history as a smoker. Smoking may affect the risk of success of dental implant treatment. 
  • A poorly designed or poorly fitting crown, bridge or denture has caused implant failure and/or gum infection.
  • You have penetration of the sinus cavities as a result of below standard care.
  • Nerve damage as a result of poor care.
  • Failure to diagnose gum disease before a proceedure.
  • Incorrect implant positioning.
  • Damage to surrounding teeth or gums as a result of negligence.

Sound familiar?

If any of the above sounds familiar, then you should speak to a solicitor as soon as possible. 

How can I sue my dentist?

Firstly you need to be aware that there are time limits when it comes to dental medical negligence claims. You need to  make the claim within 3 years from the point that you knew you had an injury or were suffering a loss as a result of treatment. After 3 years you may not be able to sue your dentist.

You'll need to prove that the dentist breached his or her duty and fell below the standard of care as measured against other dentists of average skill. 

In some cases an expert dentists may be brought in to assess your case and give testimony. You'll also need to prove that your distress or injury was caused as a result of your dentist’s negligence and not other factors such as health and lifestyle, as well as demonstrating the extent of the damages. 

Instructing a solicitor for dental negligence

When you instruct a solicitor to proceed with your negligence claim they will gather evidence and consult with medical professionals to ensure that you are aware of the whole process, the costs and any compensation you might receive.

How long does it take to make a dental negligence claim?

It can take up to a few years to settle your dental negligence claim, dependent on the nature of your injury and the size of the claim. Your solicitor will be able to give you clearer guidance in terms of time scales.

Bear in mind that court proceedings must begin within three years (known as the limitation period) of when you noticed any issues to your health as a result of the treatment being administered. 

How can I fund my dental negligence claim?

Natasha Hall operates a No Win No fee approach to dental negligence cases. This means that you can fund your claim in a risk free way, without needing to pay any fees at the start of your claim as if you are not successful in receiving compensation, then you will not pay legal fees.

Make a free enquiry below to get started.

to arrange your free consultation

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