What is dental negligence?

Dental negligence is when a dentist fails to take the necessary precautions during or after a dental procedure, resulting in harm (either bodily or psychological). Negligence is deemed to have happened when a dentist operates improperly or inappropriately and causes the patient to suffer avoidable injury.

Negligence claims are not always just linked to physical injury; it also includes financial loss and emotional distress brought on by dental care that is below the standard it should be. If you believe that your dentist has been negligent you may be able to bring a legal claim against them.

If you are unsure whether your dental treatment was negligent, contact our team today.

Why choose us for your dental claim?

Cosmetic Surgery Solicitors was the first legal practice in England and Wales to focus solely on cosmetic surgery, beauty treatment, and dental negligence, and we have been operating since 2005. Because we are specialists in this area, we can provide expert guidance on every aspect of your dental negligence claim from start to finish.

With an ‘excellent’ rating on TrustPilot, we are able to demonstrate the high level of trust placed in us by our clients. We have secured more than £10 million in compensation to date, and since we work on a no win, no fee basis, you can claim with us without any financial risk.

Headed up by Russell Sutton, a leader in the field of dental negligence, our team of dental solicitors has a 95% success rate in cases we have pursued after obtaining medical evidence, so we are well placed to help you succeed with your dental negligence claim.

Types of dental claims

Our solicitors have handled cases involving the following dental procedures:

• Dental restoration
• Fillings and crowns
• Root canal surgery
• Unnecessary tooth extraction
• Poor management of gum disease (periodontal health)
• Nerve damage during teeth extraction

Cosmetic dental claims

Cosmetic dentistry is also becoming increasingly common and accessible, providing a solution for individuals who may have struggled with low self-confidence as a result of their appearance.

We have helped clients to claim dental compensation when they have undergone cosmetic dentistry that has gone wrong. Procedures we often deal with include:

• Dental implants
• Teeth whitening
• Veneers
• Porcelain crowns
• Orthodontic treatment (braces)

How long does a dental negligence claim take?

Every dental negligence claim is different, which means there is no standard timescale for the claims process. At Cosmetic Surgery Solicitors, we are committed to dealing with each case individually in order to deliver a personalised and tailored service.

However, if you are concerned with the lenght of time your case might take, speak to our team today, who will do their best to give you an estimate based on your circumstances.

What are the signs that my dental surgery has gone wrong?

Dentists and dental technicians have a duty of care to protect their clients when carrying out surgery or other procedures. Unfortunately, this is not always adhered to, resulting in errors during dental surgery that can have a significant impact on the patient’s life.

When this happens, patients may be left in urgent need of extra care and legal support. In these cases, it may be possible to make a claim for dental compensation.

The following errors could indicate negligence on the part of the dentist or cosmetic dentist:

• Nerve damage to the patient’s teeth, which may result in a loss of dental mobility or sensation
• Inadequate root canal surgery
• Dental implants failure
• Extraction of the wrong tooth or too many teeth
• Failure to manage and treat tooth decay
• Inadequate fillings
• Inadequate crowns
• Failure to manage gum disease and periodontal disease

If you are suffering from any of these issues, our specialist dental solicitors can help. Even if your symptoms are not listed above, we may still be able to take on your case, and advise you to contact us.

How can we help with your dental negligence claim?

Because we have specialised in this area of the law for so long, our experienced dental solicitors can lead you through the claims process with the minimum of hassle and disruption to your life. We pride ourselves on the depth of our knowledge and the manner in which we work, making sure you have everything you need to improve your quality of life.

Our priority will always be to secure the best possible outcome for you, while offering the support and sensitive guidance you will need at what is often a difficult time.

FAQs

Do I have a dental negligence claim?

In most cases, dental negligence takes place during your diagnosis or treatment. You may have a claim for dental negligence if any of the following things have harmed your physical health or quality of life.

• Periodontitis (gum disease) that has developed because your dentist failed to properly identify it and treat it in a reasonable amount of time.
• Implants that have been improperly or insufficiently fitted because of a major error or oversight on your dentist's part.
• Methods for teeth whitening, crowns, bridges, and veneers that are poorly done.
• Complications that could have caused nerve and gum injury during tooth extraction treatments. (In extremely rare circumstances, the incorrect tooth may have even been extracted.)

It is important to note that not every unsuccessful dental procedure is the result of negligence on the part of your dentist.

One of our dental negligence solicitors will be able to provide you with a more knowledgeable response about whether or not you have a solid claim - get in touch with us and provide more precise information about your situation. This will be one of our first goals since your claim needs to be supported by verifiable proof in order to be accepted.

When does dental treatment become a dental negligence claim?

You may be eligible to receive compensation for dental negligence if your dentist's error or poor judgement during your diagnosis or treatment directly resulted in or worsened an injury or sickness for you, financial losses or mental trauma.

What are the most common dental treatment mistakes?

The number of patients who do discover that their dentist has made a mistake with their care is quite small when compared to the number of people who are effectively treated by dentists every year without incident. These mistakes do occasionally occur, however, and the patient may suffer harm as a result or require significant additional dental work to correct the issue. Every aspect of a patient's life may be impacted if a dentist makes a mistake and causes them to suffer greatly or permanently.

Dentists sometimes make mistakes in the following areas, for example:

Diagnosis

You might be eligible to file a claim for compensation if it turns out that you have a dental or oral condition that your dentist failed to properly identify and that subsequently gets noticeably worse.

Dental injuries

You might be eligible for compensation if your dentist injured your teeth, gums, jaw, face, or other body parts while treating you—possibly by handling equipment improperly.

Not obtaining consent

You may be able to file a claim for dental negligence if your dentist fails to adequately explain a dental procedure or dental treatment plan, your options, or the dangers of each decision so that you may give informed consent.

Can I make a dental negligence claim against my dentist?

Whether your dentist is a private or NHS provider, if their negligence resulted in harm to you, you might be eligible to file a claim for compensation.

What are the time limits for making a dental negligence claim?

In most cases, you have three years from the time you realised you could have received negligent treatment to file a dental negligence claim. You may not be able to file a claim after three years have elapsed.

There are a few instances where this time constraint is not applicable, such as:

• Where there is no deadline for filing a claim for compensation on behalf of a child until that child turns 18. The three-year rule is in effect beginning at age 18.
• Where there is no time limit for filing a claim if you are filing it on behalf of someone who lacks the mental capacity to do so.
• Where it is accepted that you had no knowledge that the treatment was negligent until a later date.

How long do dental negligence claims take?

The resolution of dental negligence claims can take several months to several years (depending on the severity of your injury and whether or not your NHS or private dentist accepts responsibility). Most cases are resolved quickly, however; more complex cases involving larger claims may take longer.

What is the dental negligence claims process?

To determine if you can file a claim for dental negligence, the first step is to schedule a free initial consultation with one of our experts. Then, our team will compile proof of negligence, including gaining access to your medical records.

Also, we will seek the opinion of an impartial medical expert to determine whether the dental care you received was negligent. They will write a report on your present and future needs to support your compensation claim. The negligent party will then be confronted with this evidence to determine whether they are willing to accept blame. If they do, we can typically settle the claim without going to trial. If they refuse to take responsibility, we will begin court proceedings to prove their negligence.

Can I make a claim for nerve injury after dental surgery?

Damage to the nerves might occur during oral surgery if your surgeon performs negligent treatment. After receiving dental care, if you experienced a nerve injury, you might be eligible for compensation.

The following are common signs of nerve damage:

• Pain in the jaw, cheek, forehead, or eye
• Feeling of burning in the jaw
• Loss of feeling
• Tingling in the jaw or mouth
• No power to control saliva
• Pulling or tugging sensation on the tongue

These wounds can cause excruciating agony that gets worse when you speak, chew, smile, move your head, or even when you stand in a breeze.

We can help you make a dental negligence claim against your surgeon.

How much compensation could I claim for dental negligence?

The specific details of your dental negligence claims case will determine how much compensation you may be entitled to seek. How much compensation you may be entitled to depends on the kind of damage you suffer and how it affects your everyday life. A just settlement should cover not only the expenses you have incurred thus far but also those that are anticipated to continue in the future.

An average personal injury claim does not really exist. The compensation given will change and be customised to your unique needs because no two people's reactions to the same sort of accident are the same.

A settlement for personal injury damages has two components:

General damages - to make up for your pain and suffering as well as your injury

Special damages - to cover any costs you have spent, lost wages, and future care requirements

Consequently, without knowing your specific circumstances, it is difficult to determine how much compensation you could seek. This is one of the benefits of a qualified personal injury solicitor, who can accurately assess your claim in order to secure the just recompense for you.

What can I do if I'm unhappy with my dental treatment?

Depending on the circumstances, you may be able to pursue a number of options if you're unhappy with dental care that you received in England or Wales.

You might just want to go back to your dentist so they can fix the problem if the dental care you had was not satisfactory because you did not think the treatment was effective. For instance, if you get a crown or filling placed and it comes out after a few weeks or months, you may typically visit your dentist again and they will do the surgery once more at no cost to you.

However, if your treatment was unsatisfactory due to dental negligence, you may be entitled to claim compensation.

Can I gather evidence myself to help prove my dental negligence claim?

You may find it challenging to compile your own proof for a dental negligence claim. It is advised that your solicitor acquire the necessary proof for your claim on your behalf because this area of law is so complex. They will have access to your dental records and any information that demonstrates the care you received was subpar.

The proof you can compile on your own will include receipts for any out-of-pocket costs you incurred as a result of the carelessness, such as the price of additional dental care needed to fix the harm the negligent act created. Due to the negligence, you might have missed work or been unable to work.