No Win, No FeeHave you suffered because of a mistake made during dental treatment? If so, this guide on dental negligence claims could help you decide if you’re eligible to seek compensation for your injuries. Whether you’ve had the wrong tooth removed, suffered avoidable nerve damage or suffered from an infection because of poor hygiene standards, you might have the grounds to take action.
Dental negligence claims may be possible against dentists, hygienists, dental therapists and nurses. Importantly, you might be eligible to claim even if you elected to have private cosmetical dental work. As we progress through this article, we’ll review the different forms of dental negligence that might allow you to claim. We’ll also explain what compensation is used to cover.
We specialise in personal injury and medical negligence claims. Our team will provide free legal advice about claiming compensation for dental negligence during a no-obligation review of your case. Where your case appears to be viable, you might be introduced to one of our solicitors. They’ll discuss your claim in more detail and could decide to represent you on a No Win, No Fee basis.
If you’d like to learn more about claiming compensation for dental negligence, why not carry on reading? Alternatively, please call our team on 0800 652 1345 if you’re ready to take action straight away.
Am I Entitled to Compensation for Dental Negligence?
Before we look at what forms of dental negligence could allow you to seek compensation, let’s look at the eligibility requirements first. They are that:
- You were treated by a dental professional in a way that falls short of what could be reasonably expected of a competent practitioner. This is called a breach of duty or negligence.
- As a result of the dental professional’s negligence, you were injured or made ill. This is referred to as causation.
It’s important that you can both criteria are met before claiming for dental negligence. For instance, if you were injured but the dentist did everything correctly i.e., they were not negligent, a claim would not be possible.
How Do I Prove Dental Negligence?
To confirm whether dental negligence has occurred, your solicitor might ask a suitably-qualified specialist to review the evidence. They may use the Bolam test as part of their review. This is where the defendant’s work will be checked by a peer to see if they’d have acted in the same way given the same circumstances.
If they find that the dentist was not negligent, you wouldn’t be able to claim despite any suffering. However, if they find that the dentist acted inappropriately, you could have grounds to take your dental negligence claim forward.
Common Examples of Dental Negligence Claims
Let’s now take a look at a few scenarios that could result in dental negligence claims. They include:
- Misdiagnosis or delayed diagnosis: Failing to identify oral health issues such as tooth decay, gum disease, or oral cancer, leading to worsening conditions or more invasive treatment.
- Incorrect or unnecessary treatment: Performing procedures on the wrong tooth, carrying out an unnecessary extraction, or fitting crowns or fillings improperly, which can result in pain, infection, or further damage.
- Failed root canal treatment: Incomplete or improperly performed root canal procedures that cause persistent pain, infections, or the need for additional corrective treatment.
- Surgical errors: Mistakes during procedures like tooth extractions or implant placement, which can lead to nerve damage, excessive bleeding, or sinus perforation.
- Anaesthetic errors: Administering too much or too little anaesthesia, causing extreme discomfort during treatment or adverse reactions due to improper monitoring.
- Nerve damage: Dental nerve injuries in the face or jaw caused by poorly performed dental procedures, potentially resulting in numbness, pain, or a loss of sensation.
- Infections: Infections arising from unsanitary equipment, improper sterilisation, or negligent post-treatment care, which can lead to abscesses or systemic health issues.
- Orthodontic errors: Poorly planned or executed orthodontic treatments, such as braces or aligners, that cause pain, tooth misalignment, or jaw problems.
Crucially, we can help you start a dental negligence claim against the NHS or private dental practices if you’re eligible. We believe it’s important to take on legal representation for such cases as a specialist solicitor will understand the, sometimes complex, evidence that will be needed to support your claim.
If you’d like us to review your case for free, please call our advisors today.
What Evidence Do I Need for a Dental Negligence Claim?
Any proof that can be obtained could help you to win your dental negligence compensation claim. What’s available will differ from case to case but you could use:
- Your dental records. These could help to show the condition before and after your dental treatment. Furthermore, dental records could help to show the extent of your injuries and any remedial treatment that was needed.
- Photographic proof. It’s always a good idea to take pictures of your visible injuries. To show how long you suffered, you could continue taking pictures at regular intervals throughout your recovery. You could also use photographs taken before the treatment in some cases.
- Letters or emails. If you were sent correspondence following a consultation or because you complained about your treatment, you should keep a copy in a safe place.
- Witness details. Your solicitor might also ask friends or family for a statement. This might include information about how you were affected or what was said during your consultation if somebody else was present at the time.
- Financial information. In some cases, you may be able to recover any costs or expenses incurred because of your injuries. Therefore, we’d recommend keeping hold of any relevant bank statements or receipts.
Something else that might help you to explain how you’ve suffered is a diary of events following your dental treatment. This could include information about when you had to have extra dental treatment, couldn’t work or missed out on social events due to your injuries.
We can review evidence for dental negligence claims for free so please call today and let us look over what you’ve collected so far.
Will I Need a Medical Assessment for My Dental Negligence Claim?
It’s important to understand that solicitors are not dental or medical experts. As such, the dental negligence claims process may require our claimants to be examined by a medical specialist. There’s nothing to worry about here – your medical review will be quite a straightforward process.
During your meeting (which can usually be arranged locally), you’ll be asked questions by the specialist about the impact of your injuries. They’ll also refer to your dental records and examine your teeth.
Once the meeting has concluded, a report will be supplied to all parties involved in the claim. This will set out how you’ve suffered and if your injuries will continue to affect you in the future.
What Is the Time Limit to Make a Dental Negligence Claim?
You have 3 years to make a dental negligence claim. This is a requirement set by the Limitation Act 1980.
The 3-year time frame typically starts from:
- The date of your negligent dental treatment if problems were immediately obvious; or
- Your date of knowledge if the negligence and any associated problems were not realised until a later date.
Importantly, if a child has been affected by dental negligence, their time limit does not start until their 18th birthday. As a result, parents or guardians can start a claim on behalf of the child before then.
If the injured party lacks the mental capacity to claim for dental negligence, the 3-year time limit is essentially suspended under the Mental Capacity Act 2005. As such the time limit does not apply until they regain capacity (if they do). If capacity is never regained, there is no time limit for someone acting on their behalf to make a claim.
If you’re not sure how long you have to start a claim, it may be worth speaking with a solicitor who deals in medical negligence cases for clarification.
How Much Compensation for Dental Negligence Can I Claim?
When you sue a dental practice for compensation, you won’t just ask them for a lump sum of money to cover your grievance. No insurer would pay on such a basis. That’s because your claim must be based on how you’ve suffered because of dental negligence. As such, if your case is successful, compensation will be based on general and special damages. In summary, you may be compensated for:
- Any pain or suffering caused by your injuries.
- Loss of amenity.
- Psychological harm resulting from your treatment. This may include distress, panic attacks or anxiety.
- Care costs.
- Travel costs.
- The impact on your social life (loss of amenity).
- The cost of private medical care if it could help you to recover more quickly.
To ascertain what compensation for dental negligence could be claimed in your case, please contact our team for your free claim assessment.
Can I Claim for Loss of Earnings Due to My Dental Injuries?
If you didn’t receive your normal pay while taking time off work to recover or for remedial treatment, this loss could be covered in any dental negligence compensation you receive. Additionally, this could cover lost commissions, bonuses or overtime as well as your normal salary.
In more serious cases, you could also claim for future loss of earnings. For instance, if you are a teacher who cannot work any more because of partial paralysis of your face, you could claim for any reduction of your income for the rest of your working life. This type of compensation would factor in your age, current salary and job prospects.
Will I Need a Solicitor to Claim Dental Negligence Compensation?
Taking on a dental negligence case is likely to involve a fair bit of legal and medical evidence. Your claim might also be contested by the dentist or their representatives. However, if you work with a specialist solicitor on our panel, they’ll manage the whole claims process for you meaning it should be a lot less stressful. Furthermore, their legal training and experience could allow them to negotiate a higher settlement than you’d otherwise receive.
Not only that but also:
- They offer a No Win, No Fee service where you don’t pay for their work in advance.
- The amount they can charge as a success fee is legally capped.
If your case is taken on, and it’s won, the maximum percentage that can be deducted from your settlement is 25%. If the claim doesn’t work out, you won’t pay this fee. So that everything is formal, your success fee percentage will be detailed in your contract or Conditional Fee Agreement.
To see if you could claim for dental negligence on a No Win, No Fee basis, why not call today?
Dental Negligence Claims Frequently Asked Questions
Is It Possible to Claim for Emotional Distress Caused by Dental Negligence?
Any compensation awarded for dental negligence could include damages for psychological injuries and suffering. For instance, if you are now anxious or distressed about visiting a dentist, this suffering could be factored into your settlement.
Similarly, you could claim for other forms of emotional suffering such as depression caused by the realisation that you won’t be able to taste food properly again for example.
As with any physical injuries, emotional suffering will need to be proven by a medical professional if you’re to receive a compensation payout.
What Happens If Dental Negligence Worsened an Already Existing Dental Condition?
The idea of a dental negligence claim is to compensate you for any suffering you’ve endured. As such, you could be entitled to claim if negligence has caused an existing condition to get worse.
For instance, if you were in pain before root canal treatment that went wrong, you could claim for any additional suffering that you had to deal with until remedial surgery could be performed.
How Long Do Dental Negligence Claims Take?
There isn’t any set time that it will take for a dental negligence claim to be processed. Some can be finalised in around a matter of months where liability for your injuries is accepted quickly. Where extra investigation into your prognosis is required or liability is contested, your claim could take a year or more.
Start a Dental Negligence Compensation Claim Today
Are you ready to take action because you’ve suffered from dental negligence? If so, we’re ready to help.
If you call our advisors on 0800 652 1345 today, your claim will be assessed by a specialist for free. If there are grounds to continue, they could refer you to one of our solicitors. If there aren’t, they’ll be honest and let you know so that you can decide what to do next.
If your case is taken on, your solicitor will do all they can to try and achieve the highest compensation payment for you. They’ll fight your corner in negotiations, try to counter any objections and keep you updated as the claim progresses.
Thanks for visiting today to read about dental negligence claims, and if you do have further questions, please feel free to ask them in our live chat service.
