Dental negligence claims
You have a fundamental right to a high standard of care, unfortunately, this may not have been what you have experienced. If you have suffered as a result of dental negligence, we will fight with you to ensure that you get the compensation you deserve for your suffering.
You can claim compensation for dental treatment pain and suffering, a loss of earnings, further treatment and cosmetic procedures in instances such as losing a tooth due to negligence.
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What is dental negligence?
Dentists are the frontline of good oral health. They are trained professionals who help care for the teeth and mouth. Most importantly they have the responsibility of promoting good dental hygiene with a high standard of care. Dentists are governed by the General Dental Council ( GDC ) is an organisation that regulates dental professionals in the United Kingdom.
Dental Negligence is a failure to exercise appropriate care causing harm to others. If a dentist fails to take proper care when performing dental work or surgery, resulting in injury then this becomes negligence.
Claim against the NHS
A big reason that people do not claim for dental negligence is the stigma surrounding claims against the NHS.
The NHS is one of our proudest achievements in British social justice, however, if you have experienced dental negligence, claims against the NHS will ultimately prevent future mistreatment and an eventual decline in medical negligence cases.
It must be clearer that if you are submitting a claim against your dentist, you are not making a claim against the NHS itself but the individual dentist that has been involved in negligence.
Dentists in practice are required by law to hold their own insurance policies in cases like this. Furthermore, dentist practices are often private and merely offer NHS services.
Types of claims for
dental negligence
This can be in the form of a physical injury, phycological suffering, or loss of financial earnings.
There are many forms of dental negligence, this could include but not limited to:
- Extraction of the wrong tooth
- Failure to diagnose or misdiagnosis
- Poor standard of treatment or hygiene
- Failure to provide a treatment or hygiene plan
- Carelessness with dental tools.
Dental negligence can cause significant pain, as well as finance and emotional suffering. Dentists like doctors have a duty of care to keep you safe.
When can I make a claim against my dentist?
Bad Work – If your dentist has made a preventable mistake which has ultimately led to further dental issues you may be eligible to claim against your dentist. If your dentist performed a procedure to a high standard but it failed for a separate reason, this would be insufficient grounds to make a claim.
Bad Fillings – mistakes such as failing to remove decay before placing a filling or filling the wrong tooth are considered dental negligence and would make you eligible to make a claim against your dentist.
Bad Crown – if you have had a crown fitted poorly that caused further problems such as damage to other teeth or your tooth dying off due to nerve damage as a consequence of the defective crown
Pain and Suffering – upon making a successful negligence claim, you are awarded compensation awarded partly for the pain and suffering experienced. This is alongside gaining compensation for personal expenses such as further dental treatment as a result of trying to correct the problem as well as a loss of earnings.
Breaking a Tooth – this is classed as an avoidable error, and you may be entitled to claims for dental negligence. A situation in which a dentist may have used excessive force is considered negligent.
Nerve Damage – errors in procedures such as extraction can have severe, long-term, or even permanent effects. Nerve damage can result in pain, loss of sensation and even a significant effect on speaking or eating.
Other instances where you may be eligible for compensation include: your dentist failing to diagnose and treat gum disease, wrongly fitted implants and cosmetic procedures going wrong (such as veneers, bridges, and teeth whitening).
Can I claim against an NHS Dentist?
Yes, any dental practitioner can be held accountable for dental negligence if they have breached their duty of care, including private or NHS dentists. Any claim made against the NHS will go through a government setup insurance company called NHS Resolution.
Will I need a medical assessment?
A medical assessment may be necessary dependent on the injury suffered cause by dental negligence. DIYPI will organise for your medical assessment to take place and this will be used by the solicitor to strengthen your claim for compensation.
Why should I make a dental negligence claim?
Dental negligence can cause you significant pain. If you have suffered due to dental malpractice then you should claim compensation to cover any medical expenses, financial loss including loss of earnings and travel expenses. Claiming fair and just compensation can mean you get the apology you deserve.
Are there time limits for making a negligence claim against my dentist?
Normal circumstances demand that you need to make a dental negligence claim within three years of being aware of your mistreatment.
If you are claiming compensation on behalf of a child, there is no time limit until the child turns 18. Upon turning 18, the sufferer then has three years to make a claim.
There is no time limit if you are making a claim on behalf of someone without the mental capacity to do so for themselves.
