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If you've endured harm or damage due to dental negligence, you may be eligible to bring a dental negligence claim.
Here, the specialist dental negligence claim solicitors at Cosmetic Surgery Solicitors discuss what common types of dental claims there are.
Visiting a dentist can often be intimidating. The least you anticipate when attending a dentist is receiving poor dental care and departing with more severe injuries – but unfortunately, this can occur. Despite the majority of dentists, dental nurses, dental therapists, and hygienists excelling in their roles, there are occasions when things don't go as planned. Even healthcare professionals, such as dental experts, aren't immune to human mistakes, and these can lead to intense pain and distress.
Dental negligence pertains to instances where a dentist doesn't provide an acceptable standard of care to their patient, resulting in injury or harm. This can encompass:
If you've been harmed due to a dental professional and their negligent practice, you might be eligible to lodge a personal injury claim to seek compensation.
Dental negligence relates to any treatment by a dentist that falls below an expected standard of care and results in an injury to you. This may include experiences such as:
Regardless of the type of dental injury or negligence you've endured, the outcome remains the same: you've likely been left in pain, with a need for additional treatment, and possibly traumatised by your experience. This isn't acceptable and could mean long-term effects on your physical and mental well-being.
The implications of these dental negligence cases can vary from physical harm, like infections or tooth loss, to psychological harm, such as anxiety and stress.
Dental professionals are obligated to accurately diagnose oral cancer promptly. If a dentist fails to diagnose oral cancer, it can lead to a delay in treatment and negatively affect the patient's prognosis.
Gum disease is a prevalent condition normally caused by a person’s poor oral hygiene (brushing and flossing habits) or due to genetics. Gum disease can lead to pain, bleeding, and tooth loss if not addressed. Cases for negligent treatment of gum disease usually occur when a dentist fails to diagnose gum disease at an early stage and provide appropriate treatment or refferal to a specialist for that treatment.
Incorrectly performed dental procedures or oral surgery can cause substantial pain and discomfort for the patient. In extreme cases, errors during oral surgery can lead to the loss of one or multiple teeth due to negligence.
The physical effects of dental negligence can significantly impact a person's mental health, leading to psychological damage such as anxiety, stress, and depression.
When a dentist neglects to provide proper care during a root canal procedure, causing harm or injury to the patient, the consequences can be widespread and, needless to say, painful. Common examples of negligent root canal treatment include:
If you've sustained harm due to negligent dental treatment, you may be eligible to bring a personal injury claim to seek compensation for your losses and expenses. This might include costs for additional dental treatment, pain and suffering, and lost wages.
A dentist’s duty of care refers to the legal responsibility dentists have to provide an acceptable standard of care to their patients. This includes the obligation to:
If a dentist fails to uphold their duty of care and you've suffered harm as a result, the dentist may be held accountable for dental negligence. We can guide you through the dental negligence claims process and if they believe you might have a claim, you will be able to talk to our specialist dental negligence solicitors.
One of the most challenging aspects following a personal injury is determining if you have the right to claim. If you’re feeling bewildered or unsure about your legal stance, a trained legal advisor can assist. While everyone's experience is unique, there are some questions that can help you determine if you have a claim:
If you've been detrimentally affected due to someone's negligence, it's not right for you to bear the financial burden. Initiating a dental negligence claim can help you:
Obtain compensation for further treatment costs: if you've been injured due poor dental treatment due to a dentist's negligence, you may need more treatment to rectify the damage. A dental negligence claim can aid in recuperating these additional expenses.
Obtain compensation for pain and distress: the physical and emotional impact of dental negligence can be considerable. A dental negligence claim can assist in obtaining compensation for the distress and pain you've endured owing to the dentist’s negligence.
Hold the dentist responsible: submitting a dental negligence claim can render the dentist answerable for their actions and possibly deter similar occurrences to future patients.
Obtain compensation for loss of earnings: if you've had to take leave from work due to dental negligence, you might be entitled to compensation for your lost earnings.
Every personal injury case, including dental negligence, is different. Given the intricacies of each case, we can't predict how much compensation or the duration of your claim. However, your solicitor will strive to handle your case expediently. Generally, if your dentist accepts responsibility for your incident, your claims process will be shorter. If they dispute it, your solicitor will have to amass more evidence to support your case, which may prolong the process.
Whether you experienced poor care, misdiagnosis or negligent dental work, the process for claiming dental negligence remains the same, which includes proving that negligent care took place. This involves:
In the UK, there are deadlines for submitting dental negligence claims. Typically, the deadline for filing a dental negligence claim is three years from the incident date or from the date you first became aware of the injury, whichever is later. This deadline is known as the limitation date. It's crucial to note that if you miss the deadline for filing a claim, you may be prevented from pursuing legal action and may be unable to recover compensation for your losses and expenses.
It is likely you’ll need to undergo a medical assessment if you submit a dental negligence claim. A medical assessment will help determine your dental injury's extent and the effect that dental negligence has had on your health.
The medical assessment is typically performed by a medical expert who isn't involved in your case. The medical expert will examine you and may request access to your medical records and any other relevant information. They'll then provide a report detailing their findings, which will be used as evidence for claiming dental negligence compensation.
It's important to attend the medical assessment since the result of your claim will partly depend on the medical expert's findings. If you fail to attend the medical assessment, it may be more difficult to pursue your claim and you may receive a lower compensation amount.
If you are looking to make a dental compensation claim, contact Cosmetic Surgery Solicitors today. A member of our specialist dental negligence solicitor team can assess your case and help you secure the dental compensation you deserve. To speak to a member of our team about your negligent dental treatment, call 0808 271 3278 or fill in the quick contact form to request a call back.