NHS Negligence Claims
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Read moreDental negligence compensation
If you’ve received negligent treatment from a dentist within the past three years, you could be entitled to make a dental negligence claim on a no win no fee basis.
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Many people fear going to the dentist, although most dental procedures are effective and carried out safely. However, when a medical professional does not fully observe their duty of care, the consequences can be significant and result in lifelong physical and emotional damage.
Anybody who has been left in a worse position for having visited the dentist, through no fault of their own, is likely to be entitled to claim dental negligence compensation. Medical negligence solicitors have significant experience in this field and can guide you through the process and possible outcomes of making a claim.
To find out if you can make a dental negligence claim, call 0800 470 0474 today or request a call back for a free consultation without any obligation to proceed. This service is a great opportunity for you to find out if you are entitled to compensation and ask any questions you may have about the process.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.
If you have suffered an injury after visiting the dentist, you may have grounds to seek compensation. You can find out if your case has merit through a free consultation with a dental negligence solicitor. They will be able to determine whether you fulfil the main criteria you need to meet for making a claim:
If the defendant can show that your injuries would have occurred regardless of the negligence, your claim could be unsuccessful. That is why you should always seek legal advice from an experienced dental negligence solicitor. They will conduct a thorough assessment of your case and consult with independent experts to verify whether you are eligible for compensation.
Like all medical staff, dentists have a duty of care to carry out treatments and procedures safely and in hygienic and controlled environments. Although most dental services are completed with no complications, dentists and dental staff occasionally 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 claim personal injury compensation.
There are several ways in which your dentist may have acted negligently. Dental negligence solicitors are experienced in securing compensation for a wide variety of dental claim types. Some of the most common cases include:
Misdiagnosis refers to situations where a dentist fails to identify or diagnose a dental condition or issue that should have been reasonably recognised. This type of negligence can have significant consequences for patients, leading to prolonged suffering, unnecessary pain, and potentially worsening dental problems. Examples include:
If your dentist carries out a procedure without using the appropriate tools, methods, pain relief, or observing proper hygiene practices, it can result in permanent and irreparable damage. In such cases, you may be eligible to make a dental negligence claim and receive compensation for the harm caused. This also applies to the conduct of the dentist. If you believe you were inadequately prepared or informed about your treatment, you can include this in your claim.
Dentists can make mistakes, and these errors can have serious consequences. They may accidentally extract the wrong tooth, cause damage to neighbouring teeth or gums, or harm the mouth during a dental procedure. While some mishaps may be minor and relatively harmless, others can result in significant damage and emotional distress.
If a dentist fails to fully complete the required treatment, such as fillings or crowns, your condition can worsen, resulting in further pain, treatment and costs. Furthermore, if aftercare treatment is overlooked, your dentist will not have fulfilled their duty of care to you.
Victims of dental negligence may suffer psychological harm and emotional distress due to their traumatic experiences. They have the right to seek compensation for the mental and emotional illnesses caused by such trauma. When a dentist lacks awareness of their interactions or makes errors that lead to emotional distress, it can affect your confidence, trust, and willingness to seek future dental care.
Dentists will often prescribe pain relief, antibiotics and other medicines related to dental care. If your dentist prescribes the wrong medication or fails to provide the necessary treatment, this can result in increased pain, heightened symptoms of pre-existing conditions and multiple side effects. If you have experienced adverse symptoms from taking the wrong medicine because of the fault of your dentist, you could pursue a dental claim.
To prove liability, your solicitor will ask for a thorough account of your case. They will 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 injury lawyer will work hard to negotiate the highest compensation award they can on your behalf.
The term dental negligence describes treatment or care that falls below the reasonable standard expected from a competent medical professional. There are several common reasons why individuals may seek dental negligence compensation, including:
These are just a few examples of dentist negligence that could entitle you to compensation. If you feel you may have a valid claim, you should speak to an experienced dental negligence solicitor as soon as possible to determine your legal options.
If you have suffered an avoidable injury due to dental negligence and want to claim compensation, you will need evidence to prove a breach of duty, causation and damages. Based on your circumstances, this could be:
After your solicitor collects all the evidence needed to build a strong case, they will send the defendant a formal letter of claim. The defendant will then have 14 days to acknowledge your claim and another three months to investigate the case and give you a response.
If they admit liability, your solicitor can begin to negotiate your dental negligence compensation with their insurer. If they deny responsibility, you may have to take legal action and argue your case before a judge. They will look at the evidence provided and decide whether you are entitled to compensation or not. More than 95% of all claims settle out of court, so it is unlikely you will have to go through a formal trial.
Yes, it is possible to start a dental negligence claim against an NHS dentist. If they were negligent in their duty of care and caused you an avoidable injury or the aggravation of a pre-existing condition, you could have grounds to make a claim.
It is essential to note that the process for claiming against the NHS may differ from claims against private dental practitioners. That is because all NHS cases are handled by their own specialist insurance company, NHS Resolution. NHS Resolution was set up by the UK Government and is part of the Department of Health and Social Care.
Every NHS Trust in the UK must pay an annual premium to ensure coverage for medical negligence compensation. The funds used to compensate victims of NHS dental negligence come from these premiums and will not affect the resources dedicated to patient care and treatment. You can have peace of mind knowing that the compensation awarded to you is separate and distinct from the funding allocated for healthcare services.
Regardless of whether you choose to receive private treatment or utilise NHS dental services, you have the right to receive an equal standard of care. As a dental patient, you have the following rights:
If your private dentist has failed to observe your rights and you received substandard care or treatment, you might be able to make a dental claim against them.
According to the rules set out by the General Medical Council, private healthcare providers must have liability insurance in place to cover any claims made against them. In this case, your solicitor will communicate with their insurance provider to secure the compensation you deserve.
If a loved one has suffered an injury due to dental negligence, you might want to help make things right. There are some instances in which you might be able to claim for dental negligence on behalf of someone else, including:
To be able to represent someone in a dental negligence claim, your solicitor must apply with the court for you to be appointed as their litigation friend. For this, you will usually have to fill in and file some documents with the court, including:
By following the appropriate procedures and submitting these documents to the court, you can become a litigation friend and proceed with representing the individual in their dental negligence claim. This can be a long-term commitment which brings several duties and responsibilities, such as:
Being a litigation friend carries significant responsibilities, and it is essential to approach the role with care and diligence. Consulting with a legal professional can help you understand and fulfil your obligations effectively.
The time limits for initiating legal claims are defined by the Limitation Act 1980. The typical limitation period to start a dental negligence claim is three years, starting from either:
There are exceptions to this general rule in certain circumstances, such as:
Although three years might seem like plenty of time, you should contact a personal injury solicitor as soon as possible by calling free on 0800 470 0474 or using our online claim form.
Starting your claim earlier will usually make it easier to gather evidence, speak to witnesses and prepare a strong case. Furthermore, if there are no liability disputes, your solicitor could secure interim payments on your behalf. These payments are made before the final settlement or judgment is reached to cover immediate medical expenses, rehabilitation, or other necessary costs.
The amount of compensation awarded to you will greatly depend upon your specific circumstances. It is your solicitor’s job to ensure you receive the maximum amount of damages available to you. To do this, they will gather a thorough and detailed understanding of your case, supported by evidence to prove liability and the extent of loss and suffering caused.
Your solicitor will aim to demonstrate that your dentist or associated staff did not meet their duty of care towards you and that you consequently suffered an injury or illness. Your settlement will cover two types of damages related to your injury:
General damages cover the subjective, non-monetary losses caused by the dentist’s negligence, such as:
General damages are awarded based on factors such as the severity of the injury, its impact on your life and well-being, and any long-term effects. Previous case precedents and the Judicial College guidelines are considered when determining the appropriate compensation amount to award. For example, you could receive:
Special damages refer to all the financial losses and expenses you incurred after the dental negligence. They are calculated based on actual evidence such as receipts, bank statements and wage slips, and could include:
An experienced solicitor can provide a realistic estimate of how much compensation you could be entitled to during your initial free consultation. For free legal advice, call 0800 470 0474 today or fill in our online claim form to receive a call back.
The duration of a dental negligence case can vary depending on various factors, such as:
It is tough to provide an exact timeframe as each case is unique. Your solicitor will aim to resolve your claim as efficiently and quickly as possible. Medical negligence cases are typically more complex and take longer to resolve than other personal injury claims. On average, processing a dental negligence claim takes between 12 and 18 months. If the case is particularly complex, settlement can take much longer.
Your solicitor will provide you with regular updates throughout the process and give you a better estimate of the expected timeline based on the specifics of your case. They will work diligently to handle your claim promptly while ensuring all necessary steps are taken to maximise your chances of a successful outcome.
Researching and comparing various legal firms to find the right one for your medical negligence claim can be time-consuming. However, we aim to provide clarity on why the solicitors we collaborate with are the perfect fit for your case. They possess extensive knowledge in dentistry and related issues and a proven track record of successfully handling dental negligence claims.
We understand that victims of dentist negligence should not endure further hardship, and your solicitor will prioritise a swift and efficient claims process. They will be there to support you at every stage, offering regular updates and delivering a friendly and professional service.
We firmly believe that financial concerns should not hinder deserving victims from seeking the compensation they are entitled to. Therefore, your dental negligence solicitor will be pleased to handle your claim on a no win no fee* basis. That means there are no upfront payments required, and if your case is not successful, you will not be charged anything. You only pay a pre-agreed fee upon a successful outcome of your claim.
The no win no fee service also ensures that you will not have to pay any expenses incurred during litigation, such as medical reports or expert witness fees. If your claim is successful, the other side will pay your costs. And if you lose, they will be covered by a legal expenses insurance policy known as After the Event (ATE) insurance, which is included in your no win no fee agreement.
To find out if you can start a dental negligence claim on a no win no fee basis, enter your details into our online claim form or call 0800 470 0474 for a free consultation with a legal adviser.