Dental Negligence Compensation Claims
Fear of the dentist may be a common occurrence, but in reality, most dental procedures are thoroughly effective, safe and simple to carry out. However, when a dentist does not observe their duty of care fully, the repercussions can be significant and can result in lifelong physical and emotional damage.
Anybody who has been left in a worse off position for having visited the dentist, through no fault of their own, is likely to be entitled to make a claim for compensation for dental negligence. Medical negligence solicitors have significant experience in this field and are able to guide you through the processes and likely outcomes of making a claim.
What is considered to be dental negligence?
Dentists, like all medical practitioners, have a duty of care to carry out treatments and procedures safely and in hygienic and controlled environments. Although the majority of dental services are completed with no complications, occasionally dentists and dental staff make mistakes or oversights which result in injury or loss to the patient. If you have suffered from any physical, emotional or material loss because of the actions of a dentist or dental staff, you may be eligible to make a claim for personal injury compensation.
There are a number of ways in which your dentist may have acted negligently. Solicitors are experienced in successfully claiming compensation for a wide variety of dental claim types. Some of the most common cases include:
Failure to diagnose or misdiagnosis
If your dentist fails to make a correct diagnosis or does not diagnose a dental complaint when they could reasonably have been expected to, you may be eligible to claim compensation. Misdiagnosis or no diagnosis can result in long term dental complications, loss of teeth and considerable pain, all of which can potentially be claimed for.
Improper dental practice
If your dentist performs a procedure without the correct tools, methods, pain relief or hygiene observations, permanent and irreparable damage can be caused, and you will be able to claim compensation. This extends further to the dentist’s conduct. If you believe that you were not fully prepared or advised about your treatment, you will be able to include this in your claim.
A dentist may make a human error and remove the wrong tooth, damage nearby teeth or gums during a procedure or inadvertently harm a patient’s mouth whilst carrying out an examination. Although minor accidents may not cause too much suffering, other careless actions can cause substantial damage and emotional distress, leading to patients struggling to trust dentists and future required procedures.
Inadequate completion of treatment
If a dentist fails to fully complete the required treatment, such as fillings or crowns, a patient’s condition can quickly worsen resulting in further pain, treatment and costs. Furthermore, after care treatment should be considered as thoroughly as the procedure itself, and if this is overlooked, your dentist will not have fulfilled their duty of care to you.
Psychological damage and emotional distress can be caused by malpractice of a dentist and victims are able to claim for emotional and mental illnesses caused because of their trauma. A dentist who is not aware of their personal interactions or creates emotional distress through making errors is likely to impact on their patient’s confidence, trust and commitment to future density needs.
Dentists are often required to prescribe pain relief, antibiotics and other dental related medicines. If your dentist prescribes the wrong medicine or fails to provide the required treatment, they will not have fulfilled their duty of care to you. Taking the wrong medicines, or the wrong dosage can result in reaction, increased pain, heightened symptoms of pre-existing conditions and multiple side effects. Claims can be made for any adverse symptoms from having taken the wrong medicine because of the fault of your dentist.
In order for your solicitor to demonstrate that you have a strong case to make a claim for compensation against your dentist or orthodontist, they will need to be able to prove liability. To do this, your solicitor will ask for a thorough account of your case, and will seek to gather copies of your dental records, subsequent medical reports and prescriptions and any related receipts or proof of your losses. Once they have built a strong case against your dental practitioner, your solicitor will work hard to negotiate the highest compensation award that they can on your behalf.
How much compensation will I receive?
The amount of compensation that is awarded to you will greatly depend upon your personal circumstances. It is your solicitor’s job to ensure that you are awarded the maximum amount of compensation available to you. To do this, they will gather a thorough and detailed understanding of your case, supported by evidence that will ensure they can prove liability and the extent of loss and suffering caused.
The solicitor will aim to demonstrate that your dentist or associated staff did not meet their duty of care towards you and as such, you suffered an injury or illness. The extent of your pain, injury and losses will be assessed to determine the right level of compensation for you. An experienced solicitors will be in a position to give you a realistic estimate of your likely award at your initial free consultation.
What are the benefits of using a solicitor?
Researching the services, offers and costs of several legal firms can be a complex and laborious undertaking, and as such, we hope to make it clear why the solicitors we work in partnership with are ideally suited to process your dental negligence claim. These solicitors are highly knowledgeable in dentistry and related accidents and illness, and have extensive experience in processing and successfully completing claims such as yours.
We also recognise that victims of dental negligence should not have to suffer further and your solicitor will make it a priority to ensure that your claim is processed swiftly and as easily as possible. Your solicitor will support you at every step, providing regular updates and a friendly, professional service.
We also believe that paying for legal fees should never prevent a victim accessing the compensation that they are rightfully owed. As such, your injury solicitor will be happy to work on your dental negligence compensation claim on a no win, no fee basis. This means that there are no upfront payments, and if they are unable to win your case, you won’t pay your solicitors a penny. You only pay a pre-agreed fee upon a successful claim.