What is Dental Negligence?

All medical professionals owe their patient a duty of care. A claim for dental negligence may arise where a dental practitioner provides treatment that falls below a reasonable standard and is therefore in breach of this duty of care.

To succeed in such a claim, it is necessary to establish, with the benefit of independent expert evidence, that the treatment provided would not be supported by a reasonable body of dental practitioners and that the patient has suffered pain and suffering as a result.

A dental negligence claim may arise where the substandard treatment causes a direct injury, a pre-existing condition to worsen or a failure to diagnose a treatable condition.

It is possible to bring a claim for negligence against both private and NHS dental practitioners.

What should I do if I think I have suffered Dental Negligence?

As soon as you consider that something may have gone wrong with your treatment, it would be advisable to notify the treating dental practitioner to let them know. This can be done at the same time as seeking advice from a solicitor as to whether there may be a dental negligence claim which can be pursued, and many solicitors will advise and assist you in connection with the complaints process.

Making an early complaint can be helpful for various reasons. The dental practitioner may make admissions, and the response can be useful in determining whether you may have a claim which can be pursued.

If a solicitor feels that you may have a claim, it is likely they will pursue your case on a “no win, no fee” basis. The first step in the investigation process will be to obtain and consider copies of your dental records and then send these to an independent dental expert who will report on the treatment provided. Once in receipt of this initial report, your solicitor will be able to advise you further on the likely prospects of success of any claim.

What types of treatment may involve Dental Negligence?

There are many types of dental negligence and these include:

  • A failure to diagnose oral cancer if this has led to a delay in the treatment of the cancer
  • Nerve damage caused by negligent treatment and/or surgery
  • Tooth extractions, particularly if the wrong tooth is removed or adjacent teeth are damaged during the extraction
  • A failure to diagnose an underlying infection before carrying out treatment

What can I claim for if I have a case for Dental Negligence?

If there is a case to pursue then you will receive compensation. This will include damages for your injury and the pain and suffering you have experienced. These are known as general damages.

In addition, it will be possible to claim any financial losses you have incurred because of the negligence such as loss of earnings, travel expenses and any remedial treatment you require. Compensation for these financial losses are known as Special Damages.

How long do I have to bring a Dental Negligence Claim?

A claim must be commenced within 3 years of the negligent act or 3 years from the date you became aware of the fact you had suffered an injury due to the alleged negligence. This is known as the limitation period. You should consult a solicitor as soon as you have reason to believe something may have gone wrong as limitation issues can be complex and, if the claim is not started in time, it would be time barred leaving you unable to pursue it.

Next Steps...

If you would like to discuss any concerns you have and/or whether you may have a claim for Dental Negligence on a no obligation basis, you should not hesitate to contact our team on 01530 564498 or via email at legal@timms-law.com

For more information about making a Dental Negligence Claim, visit out webpage here.