Visiting the dentist, whether for a routine check-up or treatment, is important for maintaining the health of your teeth. While the experience can be daunting for some, many are safe in the knowledge that the appointment will be carried out to the highest standard. Unfortunately, this is not always the case, and you could become the victim of dental negligence through no fault of your own.
What is Dental Negligence?
Dental negligence occurs when a dentist provides substandard care that results in an injury or additional complications for the patient; under these circumstances, you may be eligible to make a claim. Dental negligence claims can arise from a range of situations, including misdiagnosis, poor treatment, or failure to provide adequate aftercare.
In the UK, anyone who provides dental care must be listed on the General Dental Council register by law. As dental professionals, there are nine principles they must follow:
- Put the patient’s interests first
- Communicate effectively with patients
- Obtain valid consent
- Maintain and protect patients’ information
- Have a clear and effective complaints procedure
- Work with colleagues in a way that is in the patient’s best interests
- Maintain, develop and work within their professional knowledge and skills
- Raise concerns if patients are at risk
- Make sure their behaviour maintains confidence in them and the dental profession
Common Examples of Dentist Negligence
Some examples of successful dental negligence claims that we have dealt with:
Poor dental work or failed procedures
If a dentist performed a procedure incorrectly, such as filling a cavity improperly or using the wrong materials, it can result in pain, damage or a need for additional treatment. Here are some examples of dental negligence that we have dealt with:
- Cosmetic dentistry: A dentist removing excessive amounts of enamel when preparing a patient for veneers, resulting in permanent damage.
- Root canal treatment claims: These can be associated with several recognised complications; however, we have pursued successful claims for failure to drill to an adequate depth, fill the root canal or cause multiple attempts due to poor technique.
- Tooth extraction: During a routine extraction, the claimant’s jaw was fractured in several places due to excessive force being applied.
Misdiagnosis or failure to diagnose
If your dentist fails to correctly diagnose a condition such as gum disease, tooth decay or even oral cancer, it may lead to serious health issues. Misdiagnosis can result in prolonged suffering and further treatment that could have been avoided. We represented a client who suffered a delay in diagnosis of oral cancer because her dentist failed to recognise the early signs and symptoms
Infections after dental treatment
Infections can occur after dental procedures, especially if proper sterilisation protocols are not followed or if the dentist fails to provide adequate post-treatment instructions. If you develop an infection due to negligent care, you may be able to make a claim. For example, we had a case where a local dentist failed to treat developing periodontal (gum) disease, resulting in widespread tooth loss.
Nerve or tooth damage
Nerve damage can result from improper dental procedures, such as tooth extractions or root canals. In such cases, it’s important to investigate whether the damage was caused by negligence or an unavoidable risk of the procedure.
Do You Have a Valid Dental Negligence Claim?
Not all dental treatment goes to plan, and this can result in a poor outcome despite the treatment being acceptable. Before you can make a dental negligence claim, you need to establish that the dentist’s actions (or lack of action) resulted in harm or injury. Here’s how to determine whether you have a valid case:
Prove the duty of care was breached
To succeed in a dental negligence claim, you must prove that the dentist breached their duty of care, and this breach caused you harm. All medical professionals, including dentists, are legally obligated to provide care that meets the accepted standard for their field. If you believe there has been a clear breach of duty and you have been injured as a result, you may want to seek legal help. At Patient Claim Line, we can help you find out if you have a legitimate claim or not.
Provide evidence to support your claim
Building a strong case involves gathering sufficient evidence. Some common types of evidence include:
- Medical records: These will show what treatments were provided and any complications that arose.
- Expert testimony: An expert may need to provide their opinion on whether the treatment fell below standard care.
- Photographs or video evidence: If possible, visual evidence of your injuries from the poor dental work can be crucial.
- Witness statements: Family members or friends who observed your treatment may support your case.
How to Start a Dental Negligence Claim: A Step-by-Step Guide
To find out how the claims process works, we have outlined a few steps that need to be taken:
STEP 1: Initial enquiry
If you think you have been the victim of negligence, contact our team. We will listen carefully and ask the appropriate questions to advise if we can help.
STEP 2: Case acceptance
If we accept your case, you’ll have access to a team of highly skilled dental negligence solicitors who can provide you with a wealth of experience and knowledge.
STEP 3: Medical records
The next step is to apply for your medical records to get a clearer picture of what happened. We’ll request all records on your behalf and pay for any charges.
STEP 4: Medical evidence
The next step is to obtain an independent medical report to comment on what happened. If the report shows negligence occurred, we will also get evidence on how it has impacted your life thereafter.
STEP 5: Negotiation
Once we have all the evidence, we will then negotiate with the negligent party to recover any losses owed to you.
STEP 6: Compensation
Our team will aim to get the best possible settlement for you, including all out-of-pocket expenses.
Time Limits for Making a Dental Claim
There are time limits within which you must make a dental claim. In the UK, this is generally three years from the date of the incident or from when the injury was discovered (known as the “date of knowledge”). If the claimant is or was under 18 at the time, the time limit is three years from their 18th birthday. If the person impacted by negligence does not have mental capacity, there is no time limit.
What Compensation Can You Receive for Dental Negligence?
If you can show that you have been injured by substandard dental treatment, then you will be entitled to compensation. The amount that you receive depends on the severity and complexity of your case:
Pain and suffering
Compensation may cover the physical pain and emotional distress caused by negligent treatment. This could include any ongoing discomfort from the procedure or the anxiety related to corrective treatment.
Financial loss and future treatment
If you’ve had to take time off work, pay for additional treatments or incur other financial costs due to the negligence, you may be entitled to claim those expenses.
Psychological effects
In some cases, the psychological impact of dental negligence can also be considered in your claim.
Why Choose Patient Claim Line for Your Dental Claim?
Not just lawyers — medical negligence experts
Patient Claim Line was established in 2014 and consists of a team of medical lawyers specialising in medical negligence and misdiagnosis claims.
At Patient Claim Line, we have more than 100 solicitors with a combined experience of over 400 years, and they will work tirelessly on your behalf to achieve the best possible result for you.
It’s not enough to use a solicitor who sometimes covers medical negligence. You need someone who knows this area through and through. That is what the solicitors here at Patient Claim Line do. They deal exclusively in this area and are experts in the field.
Contact Us for Help With Your Dental Negligence Claim
If you’ve experienced dental negligence and want to explore your options for making a claim, don’t hesitate to reach out to us.
At Patient Claim Line, we operate on a No Win No Fee basis, which means there will be no upfront costs. If you do not have a case, or if the case is not successful, if you have worked with us and cooperated, you will walk away without having to pay a penny.
We also offer free consultations to help you understand your rights.
Speak to a Specialist Today
Call us today to speak to a legal specialist and get expert advice tailored to your specific situation. You deserve justice for any harm caused by dental negligence, and we’re here to help you get it.