Dental Abscess Compensation Claims

To make a dental negligence claim, your solicitor will need to prove that the dentist failed in their duty of care. A dental abscess isn’t enough, as it can develop for various reasons. Instead, your solicitor will assess:

1. Whether the dentist’s standard of care was less than acceptable. As with all medical professionals, dentists have a duty of care to patients, including failing to identify or treat an abscess.
2. If negligence directly harmed the patient – also known as causation.

The only way to make a successful compensation claim is to prove that the dentist’s negligence caused the abscess or worsened your condition.

When claiming compensation, your solicitor will need to gather evidence that proves negligence. It’s always beneficial if you can assist in collecting evidence, as the claims process can be long, but ensuring your solicitor has the necessary documentation can speed it up.

The following types of evidence are most important when claiming dental negligence compensation:

• Dental Records: Your dental records will detail all appointments, diagnoses, treatments and complications. They’re invaluable in proving negligence, and your solicitor will request them when working on your claim.
• Visual Evidence: Photographs and video footage can also be beneficial as they show your abscess and any complications caused by it. Try to take before and after photos or record a video that shows its impact on your life.
• Witnesses: Anyone who has a first-hand account of your dental treatment is vital, as they can corroborate your story and offer any extra evidence to solidify your claim.
• Medical Records: If you’ve seen a doctor or specialists about the effects of your dental abscess, they count as evidence. For example, doctors’ records of any pain relief or hospital referrals and psychologist reports, if you suffered from mental health issues as a result of negligence, ensure you get the compensation you deserve.
• Correspondence: Letters and other forms of correspondence between you and the dental surgery can highlight agreed-upon treatments.
• Financial Records: The dental abscess symptoms alone can be challenging, but long-term complications often lead to time off work and other extra costs. You have a right to claim back any expenses associated with your injury, including lost earnings and travel costs.

Dental negligence claims factor in two categories when calculating your compensation amount:

1. General Damages: Your general damages refer to the dental abscess itself and any loss of amenity caused by negligent dental treatment.
2. Special Damages: Special damages are the costs of your injury. For example, you could receive compensation for being unable to work, paying for private treatment, and paying any travel fees.

While you can use a compensation calculator to get a general idea of how much compensation you might receive, a no win no fee solicitor will be able to provide a realistic amount.

The following compensation amounts are estimates only and are based on previous dental abscess claims. The amount you receive will depend on the extent of your abscess and any complications.

For example, if someone suffers minor damage to their back teeth, they’ll receive a lower payment than people with front teeth loss or damage. The solicitor will also factor any psychological damage into your claim.

You’ll have up to three years from the date of negligent dental treatment to make a compensation claim. These time limits apply to most people, but there are some exceptions to the rule. If a child suffers dental negligence, they’ll have up to three years to file a claim after turning 18.

Making a claim early is always a good idea, as negotiations can take time, and there’s a risk that neither party will agree on an amount.

The first step in any compensation claim is to find out whether you’re eligible. Using the online form or calling 0800 234 6438 will connect you with a legal advisor. Once they assess your case, they’ll reveal whether you can claim compensation and will connect you with a no win no fee solicitor.

The solicitor will collect any necessary evidence to prove your claim, but it’s also a good idea to speed up the process by gathering your own proof.

Once the solicitor has the evidence, they’ll review your case and calculate a ballpark compensation amount. This gives you an idea of how much you should receive and ensures your dental negligence solicitor has a strong foundation to begin negotiations.

Your solicitor will meet with the negligent party’s representative and present your case. The negligent party might ask you to attend an assessment by an independent dentist, who will assess your injuries and any complications.

If both parties agree on an amount, your claim will run relatively smoothly and could be settled within a couple of months. However, if you can’t reach an agreement, the case might end up in court. Your solicitor will keep you informed throughout the process and advise on the best course of action.

Making a no win no fee claim for dental abscess has multiple benefits, including the opportunity to work with a specialist with plenty of experience in dental negligence compensation cases. It also means you won’t need to worry about paying any upfront legal fees.

A no win no fee agreement comes with zero risks, as the solicitor only receives a payment if your case is successful and they secure compensation. Instead of worrying about hourly fees that could impact your finances, you can have complete peace of mind.

Dental abscesses are incredibly painful infections that usually target your tooth roots and nearby tissue. They usually develop under the gums and happen when bacteria penetrates the tooth and makes its way to the roots.

The infection can worsen when left untreated or not treated correctly, causing long-term health issues. In most cases, a dentist should assess your symptoms and perform an X-ray to evaluate whether you have a dental abscess.

If your dentist fails to identify an abscess or doesn’t provide adequate treatment, the condition can worsen and cause extreme complications.

The symptoms you might experience depend on whether the abscess is developing or if it’s a long-term problem that the dentist hasn’t spotted.

Initial symptoms include:

• Shooting and throbbing pains in the face
• A nasty taste in your mouth
• Pain when trying to eat
• Swollen gums
• Pus leaking out of the gums
• Swollen jaw
• Swollen neck glands

Long-term symptoms/complications include:

• Losing the feeling in your mouth
• Needing multiple teeth extracted
• Soft tissue erosion
• Excruciating pain
• Infections that impact other areas of your body
• Deformities to the jawbone
• Numbness due to eroded tooth roots

There are numerous possible forms of negligence, as dentists have a duty of care to each patient. The most common causes of dental negligence include:

• Not correctly evaluating symptoms and failing to diagnose a dental abscess.
• Failing to perform a full assessment and identify your abscess.
• Not treating minor issues and leaving them to worsen
• Infections that return due to poor initial treatment.
• Not prescribing suitable antibiotics.
• Making mistakes during standard dental procedures.

Any form of negligent treatment means you might be able to claim compensation.

If you received treatment from an NHS dentist, you’ll make an NHS negligence claim, which is settled by the Resolution Service. Claims against private dentists will go through their insurance provider.

No win no fee dental negligence solicitors are highly experienced in dealing with both NHS and private dental abscess claims, and will support you throughout the process.

It depends on numerous factors, including whether the dentist’s insurance provider or NHS Resolution service agrees with the proposed amount and is willing to settle quickly. Some claims go smoothly, and they’re settled within a couple of months, while others could last longer than a year.

Your medical negligence solicitor will update you throughout the process and advise on whether court proceedings are the best route. Ultimately, they want to ensure you receive the maximum compensation amount, but it depends on whether the dental practice will admit their error.

Luckily, no win no fee dental claims come with no upfront costs, so you won’t be taking on any financial risk.