Dental Negligence Claims
Dental negligence has severe and long-lasting effects on both its victim’s health and confidence.
Having your trust betrayed by a specialist is doubly devastating if your poor teeth were a consequence of fear of the dentist in the first place. Feeling self-conscious when you talk, or of being afraid to smile in photos or around your friends because you worry your imperfect or damaged teeth should not be accepted, if a result of dentist negligence.
It doesn’t matter if you see a dentist as a private or an NHS patient, you are entitled to receive a high standard of treatment and care. You should certainly not expect dental negligence to create a problem or make the condition of your teeth worse. Dental negligence claims are becoming an increasingly popular area for us with us settling many dental negligence cases and delivering credible compensation for dental negligence in the UK.
Dental negligence causes avoidable pain and suffering. While many patients can have corrective treatment that leaves them with little to no side effects, others suffer injuries which cast a shadow over the way they feel about themselves.
The Medical Negligence Experts work with leading medical negligence solicitors around the UK and can introduce you to one with experience of successfully claiming compensation for your type of injury. Our business is built on knowing the importance of not only having relevant skill and expertise but of understanding that a case is, at its heart, about a person whose life has been damaged through no fault of their own. Our goals are not only to obtain maximum compensation for you but to uphold high standards of customer care and ensure you feel supported by your solicitor.
What is Dental Negligence?
These examples of dental negligence cases uk only cover the most common reasons clients ask The Medical Negligence Experts for help, but a dental practitioner may be guilty of being negligent if any treatment they provide causes avoidable pain or injury even if the reason is not listed here.
- Extracting the wrong tooth
- Poor quality products and incorrect techniques used in a tooth whitening process
- Not extracting a decayed tooth which leads to further decay
- Incorrectly administering anaesthesia
- Causing nerve damage during a surgical process
- Inserting crowns or fillings poorly
- Not diagnosing and treating gum disease
- Failure to identify and refer suspected cases of oral cancer
- Misinterpretation of x-rays and test results
- Negligent orthodontic treatment
- Dental implant negligence
- Negligent root canal treatment
- Negligent wisdom teeth extraction
- Undiagnosed periodontal disease
Incorrect diagnosis or delays in identifying a condition can cause irreversible damage. For example, if a dentist does not identify a treatable condition like gingivitis, it can lead to a situation where the gums are weakened and unable to hold teeth – even if those teeth are perfectly healthy. Although patients are responsible for maintaining good dental hygiene with regular brushing at home, they may have cause to claim compensation for dental negligence where they attend scheduled dental appointments but have not been informed of the risk of gum disease or given further treatment.
Even the most skilled dentist can make a mistake. If it can be shown that the dentist hasn’t taken reasonable precautions to protect their patients from this risk, and a patient is injured as a result, there may be legal grounds for dentist compensation to be paid. Avoidable dental errors can include extracting the wrong tooth, leaving part of the root exposed after root canal surgery, or harming healthy teeth while treating damaged ones. The Medical Negligence Experts can assist with all types of claims relating to dental error, obtaining maximum payment to compensate for pain and suffering.
It is the skill of the dentist as much as the quality of products they use that will affect the results of surgery. Expensive veneers poorly applied, not preparing a cavity correctly before filling it, or failing to adhere bridges and crowns adequately can all leave a patient requiring further treatment and having a longer recovery time than should have been necessary.
A recent case featured a man who consented to extensive dental work, including a non-removable implant denture. His dentist, however, fitted a removable denture support. The patient had to wait for damage caused by the incorrect surgery to heal before he underwent further surgery to have the correct support fitted. The dentist was found to have been negligent for using the wrong type of implant.
Lack of Informed Consent
Every medical practitioner is responsible for obtaining informed consent from their patient before carrying out any procedure. This consent is not merely getting them to sign on the dotted line, but making sure that their patient understands the risks and possible outcomes associated with the treatment, and the details of any alternative therapies. Not obtaining informed consent can be grounds for a valid compensation claim if surgery has unexpected results for the patient, even if the practitioner knew they were a possibility.
The Medical Negligence Experts dental lawyers can assist with your dental negligence claim today.
How Can We Help?
If you have left the dentist with teeth in worse condition than you went in, and you think it is because your dentist has been negligent in their standard of treatment, contact The Medical Negligence Experts. Our team of solicitors has experience handling dental negligence claims. It is up to the claimant to prove their dentist was negligent, so we will talk to you directly to find out your story, and use our knowledge that of independent dental experts to advise whether your claim is likely to be successful.
Dental Negligence Claims FAQ
It’s understandable that you may have a list of questions that need to be answered. Here are some of the more common queries we receive and their answers. If having read these, you still want more details about your particular circumstances, just phone or fill in our online contact form, and we will be very happy to talk to you directly.
Can I make a dental claim?
Two key criteria need to be met to have legal grounds to ask for compensation. The first is that you have been hurt or injured. The second criteria is that your injury was avoidable – it was caused by human error or procedural inadequacies. If you have been hurt despite your dental practitioner taking all reasonable steps to avoid the injury, or you received negligent treatment but it did not harm you, it is unlikely you can claim compensation.
What evidence do I need for a dental claim?
As the claimant, it is your role to show your dentist failed in the duty of care and that you were harmed as a result. They agreed to undertake a duty of care when they accepted you as a patient. Your dental records can help support your claim of negligence, while an independent dental expert can provide a report showing the extent of your injury and likely prognosis. Other evidence which can be used to support your claim include photographs of your injury, a personal diary of how you feel and how your injury has affected you on a day to day basis, records of phone calls and correspondence between you and your dentist, and any relevant witness statements.
As your dental negligence solicitor, we will spend as much time as it takes to obtain this information and create a robust application for payment for you. The better prepared your initial application is, the less likely it is that the other party will contest it and the more favourable the outcome of your claim will be.
Can I claim for dental negligence if I had treatment on the NHS?
It is possible to claim compensation if you have suffered due to negligent treatment from either an NHS or private practice. The difference in claiming from the NHS is that they have a particular organisation that handles all their compensation claims. They also have a well-defined complaints process. You can raise a complaint and a compensation claim separately. Depending on the findings of the complaint investigation, you may have more evidence to support your claim.
What is dental compensation paid for?
Dental compensation is paid for general and special damages. General damages account for physical pain and suffering. The nature of your injury and prognosis is taken under consideration and industry standard guidelines used to reach a fair figure. Special damages address the financial cost of your damage. Have you lost income because you have had to take longer than expected off work for corrective treatment and recovery? Have you spent any money on prescription costs or independent dental assessment or treatment, and did you incur an expense? Special damages make sure you are not left out of pocket due to another person’s error.
How much will I receive for my dental negligence claim?
The amount of compensation you receive for your dental claim will depend a lot on the type of injury you have sustained, your prognosis for recovery, and any extra costs you have had because of it. It is not possible to advise a specific amount at the start of your claim, but your lawyer will be able to give you an approximation of what you can expect. For example, the loss of a front tooth is typically between £1,800 and £3,300. Acute and ongoing conditions such as chronic tooth pain caused by an undiagnosed abscess or exposed nerve could result in more than £10,000 being paid. These guidelines are accepted as the industry standard and regularly reviewed by Judicial College to ensure they are relevant.
What is a No Win No Fee dental claim?
No Win No Fee* dental negligence claims minimise any financial risk that comes from making a claim. No claim is guaranteed to have a positive outcome and, without a conditional agreement, you may find yourself facing a hefty legal bill for both yours and your opponent’s legal costs. Ouch.
At The Medical Negligence Experts, we handle claims under a No Win No Fee* basis. If you win your claim then your opponent pays your legal costs and you pay us a success fee, which is a percentage of compensation agreed at the start of your application. You will not have to pay us a penny in legal fees if your claim is unsuccessful and an insurance policy – either one you already have or an After the Event policy we can advise on – will cover your opponent’s legal costs. No Win No Fee dental claims are a tried-and-tested way of accessing quality legal support without leaving yourself open to financial hardship.
Our medical negligence solicitors will only agree to represent you on a No Win No Fee basis if they believe there is a good chance your claim will be a success. You can also trust that they will do their utmost to secure maximum compensation for you because their payment rests on the success of your claim.
How does a dental negligence claim work?
The first step in your successful compensation claim for dental negligence is to contact The Medical Negligence Experts. One of our legal advisors will ask you questions about the circumstances around your injury and assess whether, in their professional opinion, there are good prospects of success. If so, we will let you know, and you can decide what you want to do.
If you decide to proceed, we will help you collect the evidence necessary to prove your claim then put the request to your practitioner that they accept responsibility and pay an appropriate amount of compensation. The majority of dental negligence cases settle without going to court. There is usually some negotiation around the amount of compensation, but our experienced lawyers can advise on what a reasonable settlement is by taking into account your injury and previous cases, and recommend whether it is in your best interests to settle or refer the matter to the courts.
If you have a question that we have not answered here, or you want to talk to us about claiming compensation, contact The Medical Negligence Experts today for a free, no obligation consultation. We can assist with any initial question you have about applying for compensation, including if you are not sure whether you can make a claim.
Contact us today online, or call us free. The sooner you start the sooner you could receive the rehabilitation and financial support you deserve.
Need some help?
Am I eligible?
If you have suffered from medical negligence in the past 3 years, the short answer is yes.
However, medical negligence can be complicated, so we recommend that you speak with one of our expert solicitors - It’s Free.
How much could I claim?
As every medical case is different, the amount of compensation paid out can differ. Varying factors lead to the final figure include: Level of negligence, earnings missed out on, future losses and more.
Our experienced team of experts will give you an indication of how much you could potentially claim.
How does the process work?
We understand that when making a claim it’s important to know what to expect and when to expect it. That’s why we make the process as transparent as possible.
Your solicitor will gather all the evidence and will notify the negligent party of your claim against them. With your dedicated solicitor negotiating on your behalf, you will be kept up to date every step of the way.
Why should you choose us?
No Win No Fee
We offer a No Win No Fee* service on all our claims - We assess each claim on its merits with the information provided, which aids us to determine its likely success rate. This takes the risk away from you.
Our experienced solicitors are experts in securing compensation no matter the level of negligence.
We are committed to securing the best possible outcome for you, while providing friendly support every step of the way.
Personal Dedicated Lawyers
On contact, you will be allocated your own expert Medical Negligence solicitor who will be there every step of the way. You will be provided with a direct phone number and direct email address of your solicitor.
Expert Dental Negligence solicitors working for you
We specialise in helping victims of medical negligence claim the compensation they deserve.
We work on a No Win No Fee basis, meaning if we don’t win your Dental Negligence case, you don’t pay! Once you make contact, your experienced solicitor will work to recover the maximum compensation you are entitled to.
Whether you are ready to make a medical negligence claim, or you would just like a free conversation with a legal professional, we have experts on hand to give you all the information you need. Take the first step to getting what you deserve by filling in our quick contact form and we will call you back whenever suits you.