Dental Negligence Claims

Going to the dentist can be a daunting experience. The last thing you expect when you go to a dentist is substandard dental treatment and to leave with worse injuries – but this can happen.

Although most dentists, dental nurses, dental therapists, and hygienists are great at what they do, things can sometimes go wrong. Even medical practitioners, like a dental professional, are subject to human error, and errors in dental treatment can result in serious pain and suffering.

If you’ve been injured while visiting the dentist, as a result of negligence, you might be able to make a compensation claim for dental negligence. To find out more about claiming compensation call free on 0800 234 6438 today and speak with a trained legal advisor.

Dental negligence refers to a situation where a dentist fails to provide a reasonable standard of care to their patient, leading to injury or harm. This can include: misdiagnosis, delayed treatment, improper treatment, failure to obtain informed consent, or failure to follow proper sterilisation procedures.

If you have suffered harm as a result of dental negligence, you may be able to make a personal injury claim to seek compensation.

Dental negligence refers to any treatment by a dentist which falls below an expected standard of care, and has caused you an injury.

Included in this are experiences such as:

• Incorrect or delayed diagnosis (for example, of oral cancer)
• Mistakes during cosmetic dentistry
• Injury to the nerves in the mouth
• Extraction of the wrong tooth
• Scarring of the face or mouth
• Damage of a root canal
• General damage to teeth

Of course, whatever type of dental injury or negligence you’ve suffered, the result is the same: you’ve likely been left with pain, a need for more treatment and possibly scarred by your experience. This isn’t fair and it might mean long term effects on your physical and mental health.

If you’re worried about the costs of your injury, or have been impacted by it physically or psychologically, speak with a trained legal adviser for free on 0800 234 6438. They can put you in touch with a no win no fee* solicitor who has experience with dental negligence claims for a free consultation – they’ll be able to advise you on whether you have a claim, and what your next steps are.

The consequences of dental negligence can range from physical harm, such as infections or tooth loss, to psychological harm, such as anxiety and stress.

Dental procedures that involve breaking the skin can create a risk of infection if proper sterilisation procedures are not followed. This can lead to serious health problems, such as sepsis or blood infections.

Dental professionals have a responsibility to accurately diagnose oral cancer in a timely manner. If a dentist fails to diagnose oral cancer, this can result in a delay in treatment and worsen the prognosis for the patient.

Gum disease is a common condition that can be caused by improper cleaning or scaling techniques. This can result in pain, bleeding, and tooth loss if left untreated.

Dental procedures or oral surgery that are performed incorrectly can cause significant pain and discomfort for the patient. In severe cases, mistakes made during oral surgery can result in a patient losing a tooth or multiple teeth as a result of the negligence.

The physical consequences of dental negligence can also have a significant impact on a person’s mental health, causing psychological injury such as anxiety, stress, and depression.

When a dentist fails to provide proper care during a root canal procedure, leading to harm or injury to the patient, the consequences can be far reaching, not to mention painful. Some common examples of negligent root canal treatment include:

• Failure to properly clean and shape the root canal, leading to reinfection or persistent pain
• Perforation of the tooth or surrounding tissues during the procedure, leading to pain, swelling, or nerve damage
• Improper placement or sealing of the root canal filling, leading to leakage or reinfection
• Failure to diagnose or treat a cracked or broken tooth, leading to persistent pain or further damage to the tooth

Some common examples of cosmetic dentistry negligence include:

• Poorly performed dental veneers or crowns that result in pain, discomfort, or an unattractive appearance
• Improper placement of dental implants that cause pain, infection, or nerve damage
• Botched teeth whitening procedures that result in damaged or sensitive teeth
• Improper orthodontic treatment that causes pain, discomfort, or misaligned teeth

If you have suffered harm as a result of negligent dental treatment, you may be able to make a personal injury claim to seek compensation for your losses and expenses. This may include costs for additional dental treatment, pain and suffering, and lost income. To find out more about bringing a claim for dental malpractice, call 0800 234 6438 today and speak with a trained legal advisor for free.

A dentist’s duty of care refers to the legal obligation dentists have to provide a reasonable standard of care to their patients. This includes the responsibility to:

• Accurately diagnose dental conditions and provide appropriate treatment options
• Obtain informed consent from the patient before performing a procedure
• Use proper sterilisation techniques to prevent infections
• Perform procedures with a reasonable degree of skill and care
• Monitor the patient’s progress and provide follow-up care as needed
• Communicate with the patient about their treatment options and the potential risks and benefits
• Maintain confidential patient records and respect the patient’s privacy

If a dentist fails to fulfill their duty of care and you’ve suffered harm as a result, the dentist may be held liable for dental negligence.

To find out more about making a dental compensation claim, call 0800 234 6438 today and speak with a trained legal advisor. They’ll talk you through the dental negligence claims process and if they feel you could have a claim, they’ll partner you up with specialist dental negligence solicitors who will take on your claim on a no win no fee basis.

One of the most difficult things following a personal injury is understanding if you have the right to claim. If you’re feeling confused or are unsure what your position is legally, a trained legal adviser can help.

While everyone’s experience varies, there are some questions that you can answer that can help you understand if you have a claim. They are:

• Was your dental injury the result of somebody else’s negligent behaviour or lack of action?
• Did the incident happen in the last three years?
• Did you suffer an injury as a result, or suffer further symptoms or complications following the negligent dental treatment?

If you answered yes to those questions, then it’s likely you have a claim. In which case, call 0800 234 6438 for free today and speak with a trained legal adviser who will help you take the next steps.

If you’ve suffered as a result of someone else’s negligence, why should you have to pay for it, financially? Make a dental negligence claim and:

• Seek compensation for additional treatment costs: If you have suffered harm as a result of a dentist’s negligence, you may require additional treatment to correct the damage. A dental negligence claim can help you recover the costs of these additional procedures.
• Seek compensation for pain and suffering: The physical and emotional toll of dental negligence can be significant. A dental negligence claim can help you recover compensation for the pain and suffering you have experienced as a result of the dentist’s negligence.
• Hold the dentist accountable: Making a dental negligence claim can hold the dentist accountable for their actions and may help prevent similar incidents from happening to other patients in the future.
• Seek compensation for lost income: If you have had to take time off work as a result of dental negligence, you may be entitled to compensation for your lost income.

Every personal injury case is unique – this includes dental negligence. Because of the complexities of each case, we can’t tell you how long your claim might take. But what we can say is that your solicitor will work hard make sure your case is handled quickly.

Typically, your claims will be shorter if your dentist accepts liability for your accident. If they deny it, then your solicitor will need to gather more evidence to support your case, which can cause a delay.

If your dentist, or the person who gave you treatment, only partially accepts responsibility then your solicitor will gather evidence to either prove that this is not the case, or negotiate for your compensation based on this partial responsibility.

Typically, even where you were partly at fault, you can still receive compensation.

Poor dental treatment involving a child can be particularly traumatic and could lead to a lifelong fear of dentists, which can make the immediate pain and suffering the child goes through feel even worse.

If your child has suffered negligent treatment whilst at the dentist, it is possible for you to make a claim on their behalf. You can make a claim for them until your child is 18. Or they can make a claim themselves up to the age of 21.

To start a claim on behalf of a loved one, or for yourself, you can get in touch with a trained legal adviser on 0800 234 6438 or fill in the simple online form.

Whether you suffered inadequate care, misdiagnosis or careless dental work, the process for claiming dental negligence is the same – this includes providing evidence that the negligent care occurred.

This includes:

• That your dentist or dental surgery accepted you as a patient and agreed to provide treatment to you
• That your dentist breached their duty to you (or any of their employees who had a duty of care) and that other professionals in that position would have acted differently

However, don’t worry – your solicitor is there to help you make sure that there is evidence, and that it’s all gathered and presenting in a way that supports your claim.

Equally, before you speak to an expert solicitor, a trained legal adviser will also make sure that your claim is likely to be considered by asking you some questions about your experience.

If your dentist didn’t tell you your treatment was going to take place, or didn’t warn you of the risks involved, then this might also be considered negligent treatment.

The amount of compensation you may be entitled to in a dental negligence claim will depend on the specific circumstances of your case, including the extent of your injuries, the cost of any additional treatment, and the impact that the negligence has had on your quality of life.

Some of the types of damages that you may be able to claim for in a dental negligence claim include:

• Medical expenses: This may include the cost of any additional treatment you require as a result of the dentist’s negligence, as well as any related expenses such as transportation costs or the cost of medical aids.
• Pain and suffering: This may include compensation for the physical and emotional distress you have experienced as a result of the dentist’s negligence.
• Lost income: If you have had to take time off work as a result of the dental negligence, you may be entitled to compensation for your lost income.
• Loss of future earnings: If you are unable to work in the future as a result of the dental negligence, you may be entitled to compensation for the loss of future earnings.
• Loss of enjoyment of life: If the dental negligence has had a significant impact on your quality of life, you may be entitled to compensation for the loss of enjoyment of life.

It is important to keep in mind that each case is unique and the amount of compensation you may be entitled to will depend on the specific circumstances of your case.

A personal injury lawyer can help you understand the compensation you may be entitled to and guide you through the process of making a claim.

Yes, there are time limits for making dental negligence claims in the UK. The time limit for making a dental negligence claim is typically 3 years from the date of the incident, or 3 years from the date that you first became aware of the injury, whichever is later. This time limit is known as the statute of limitations.

It is important to note that if you miss the deadline for making a claim, you may be barred from pursuing legal action and may be unable to recover compensation for your losses and expenses. Therefore, it is important to seek legal advice as soon as possible if you are considering making a dental negligence claim.

A personal injury lawyer can help you understand the time limits for making a claim and guide you through the process of making a claim, including gathering evidence and building a strong case to support your claim.

To find out more about no win no fee dental negligence claims, call 0800 234 6438 free today and speak with a trained legal advisor. They’ll explain how the claims process works and if they believe you have a claim to make, they’ll partner you with a specialist dental negligence solicitor, someone who has experience in dental negligence cases. If you win, you’ll pay their fee out of your compensation award, if you lose, you won’t pay a penny.

Yes, it is likely that you will need to have a medical assessment if you make a dental negligence claim. A medical assessment will help to establish the extent of your dental injury and the impact that the dental negligence has had on your health.

The medical assessment will typically be carried out by a medical expert who is independent of your case. The medical expert will examine you and may request access to your medical records and any other relevant information. They will then provide a report detailing their findings, which will be used as evidence for claiming dental negligence compensation.

It is important to attend the medical assessment as the outcome of your claim will depend, in part, on the findings of the medical expert. If you fail to attend the medical assessment, it may be more difficult to pursue your claim and you may receive a lower amount of compensation.

A personal injury lawyer can help you understand the process of having a medical assessment and guide you through the process of making a claim.

Making a claim against the NHS can feel like a big deal and a difficult decision to make. But if you’ve been left in pain, with scarring or unable to work or have a social life because of it, you have a right to make a claim. Your compensation there is only to recover what you have lost for your injury, not to give you ‘free’ money.

If you do decide to make a claim against an NHS dentist, then it’s likely they’ll be represented by NHS Resolution. Figures show that 96% of the claims handled by NHS Resolution are settled without going to court, so you likely don’t need to worry about a court appearance.

If you’re still feeling doubtful, your right to compensation is outlined in the NHS Constitution, where it states you have the right to:

• Complain and to have your claim dealt with efficiently and fully investigated
• Learn the outcome of any investigation
• Take your case to the Parliamentary and Health Service Ombudsman, if you’re not satisfied with the way in which your complaint has been handled
• Receive compensation if you’ve been harmed via an act of negligence

You can also make a claim against a private dental clinic if they’ve injured you or failed to diagnose you properly. While, in contrast to a claim made against the NHS, there is no overseeing authority, you do still have rights.

For example, the UK civil court rules require your dentist to reply to your claim within four months in a Letter of Response. This letter must detail whether they admit they are at fault, and as a result are making a compensation offer, or deny they at fault altogether.

If the other side do deny negligence, or if your solicitor feels that any offer of compensation is too low, then they will continue negotiations, or the case may need to go to court. It’s very rare that cases do end up in court, but if your claims does go to court, your solicitor will guide you through every step of the process and be there to represent you.

Yes, in the UK you can make a dental negligence claim using a no win no fee agreement. A no win no fee agreement, also known as a conditional fee agreement, is an arrangement between you and your personal injury lawyer where you only pay your legal fees if you win your case.

Under a no win no fee agreement, your lawyer will take on the risk of pursuing your claim and will only charge you a fee if you win your case. The fee is typically a percentage of the compensation you receive, which is agreed in advance. If you lose your case, you will not have to pay your lawyer’s fees.

No win no fee agreements are a popular option for making dental negligence claims as they can help to reduce the financial risk of pursuing a claim. This is because you will only have to pay your lawyer’s fees if you win your case and receive compensation.

To find out more about claiming compensation when dental negligence occurs, call 0800 234 6438 today and speak to a trained legal advisor. They’ll never pressure you into making a claim, they’ll simply offer impartial advice and guidance on how to claim compensation you deserve.