Dental Negligence Claims

If you have suffered a personal injury caused by the negligence of a dentist or oral health professional, you may be entitled to claim compensation.

Our lawyers are experts in all areas of clinical negligence, including dental negligence, so can provide expert advice and assistance. Contact The Legal Line today on 0800 0328511, or by completing a claim enquiry form online.

Dental Negligence
Who Can Make a Claim for Dental Negligence?
Making a Dental Negligence Claim
Compensation
Our Specialist Dental Negligence Lawyers
Useful Links

Dental Negligence

Good dental care is very important and we rely on dentists and orthodontists to look after the health of our teeth and gums. Having dental treatment can be a nerve-racking experience for many of us, but generally it is carried out by experienced, competent professionals.

Occasionally however mistakes are made and this can cause personal injury and distress to the patient involved. The error may have been made by a dentist, orthodontist, dental nurse, hygienist or dental surgeon and could occur during routine treatment, oral surgery or cosmetic dentistry.

No-one is infallible and dentists have a demanding and complicated job, however incompetent, negligent or careless work is unacceptable and if you suffer harm as a result of this you may wish to consider taking action, such as making a dental negligence claim.

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Who Can Make a Claim for Dental Negligence?

If you believe that the dental care you received was below an acceptable standard and that this has caused you to suffer an injury, you may be in a position to make a compensation claim.

Important points to establish in a dental negligence claim are whether the errors with your treatment have caused you to be harmed and that any other reasonable professional would not have acted in the same way.

Some common problems that may give rise to a dental negligence claim include:

• Failure to diagnose and treat a problem
• Incorrect diagnosis or treatment
• Injuries caused by faulty equipment, implants
• Insufficient treatment
• Poorly executed work
• Drugs and anaesthetic administered incorrectly
• Damage to teeth
• Injuries to other parts of the mouth
• Pieces of equipment (drill parts etc) left in the gum or jaw
• Removal of healthy teeth in error
• Lack of informed consent (where the patient is not fully aware of the implications or risks of their proposed treatment)

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Making a Dental Negligence Claim

It is a good idea to make a written complaint if you believe that you have received sub-standard dental treatment. This will help to ensure that the matter is noted and investigated and may provide you with some explanation as to why the problems occurred. In some cases, it may even prompt a change in procedure or some other action to try and prevent similar problems occurring in the future.

Dependent upon whether you were receiving treatment as an NHS patient or private patient there may be different procedures for making a complaint, but your dental practice should be able to provide details.

Whilst the complaint will generally give rise to a reply or explanation it is unlikely that an offer of compensation will be made. If that is what you believe should happen you need to seek legal advice from a specialist dental negligence solicitor as soon as possible. Our clinical negligence team can advise you on whether a claim may be possible and how best to pursue your case.

In every case, medical evidence will be required and it is necessary to show that the person you are making a medical negligence claim against owed you a duty of care, that they breached that duty of care (what is known in law as negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence. At The Legal Line, we have access to experienced medical specialists who can act as expert witnesses in any court case.

As with all personal injury claims there is a time limit of three years in which to commence court proceedings as from the fault complained of unless the victim is a minor (in which case proceedings have to be started before their 21st birthday) or a person who does not have full mental capacity.

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Compensation

There are two elements to a compensation award. The first, general damages, is for the pain and suffering you may have gone through and any loss of amenity (perhaps an inability to do DIY, drive or play sports). The award for loss of amenity can be for a short period after the dental incident or for life if that is what the medical evidence supports.

The second element of a dental negligence compensation award, for your losses and expenses, is known as special damages and aims to put you back in a position financially as if your personal injury had never occurred. It is important to keep receipts for any expenditure you have related to your injury (for example the costs of remedial treatment, loss of earnings for time off work etc) so that these can be reclaimed.

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Our Specialist Dental Negligence Lawyers

The Legal Line’s lawyers are experts in all areas of personal injury, with extensive experience in recovering compensation for the victims of clinical negligence, including dental negligence. They can provide specialist claim advice, assistance and guidance in helping you to pursue your claim to the best possible outcome.

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Useful Links

Below are links to some sites that you may find useful if you or a member of your family has suffered dental negligence:

General Dental Council (GDC)
British Orthodontic Society
NHS
Dental Complaints Service
Citizens Advice Bureau
Directgov

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