Dental Negligence Compensation Claim Solicitors
Each year in the UK, thousands of cases of Dental Negligence Claims are filed, which result in millions of pounds in compensation. It is unfortunate that, in some cases, a dentist's actions result in dental injury or harm to their patient.
Dental Negligence is the term used to describe an instance in which a dentist fails to take proper care. Through inappropriate or negligent behaviour, avoidable harm is caused to the patient.
Beyond physical harm, negligence can also refer to psychological harm, which is just as serious. Unfortunately, these problems are not uncommon. It is important for dentists to remain vigilant in ensuring the best possible care for their patients.
If you believe that you have been a victim of dental negligence, you may have a strong case for a successful claim against the dentist. If you are looking for legal advice in relation to a dental negligence claim, speak to our experienced Dental Negligence Solicitors today.
Small errors and incorrect decisions in dental treatment can inflict agony and cause significant damage. From mistakes such as the wrong tooth being removed to more serious injuries involving lasting nerve damage, our Dental Negligence Solicitors can help you claim compensation.
Sheldon Davidson Solicitors are trusted and accredited with the Association of Personal Injury Lawyers. With over 20 years experience, our medical negligence claims specialists have the knowledge, competence, expertise, and tenacity to handle your case claim If you’ve received unsuitable or unacceptable dental care.
What are common causes of Dental Negligence Claims?
There are several ways in which a dentist can be deemed negligent, under law, and if you have suffered physically, psychologically, or financially as a result of your dentist action (or inaction), you may be able to make a dental negligence claim and receive compensation for what has happened to you.
Most dentists are highly skilled and carry out exceptional work on their patients, but like any type of medical professional, they are capable of mistakes. There have been cases in which experienced dentists have extracted or filled the wrong tooth.
Procedural mistakes are not the only sort of dental negligence you can suffer. If your dentist carried out the wrong procedure or carried out a procedure without fully explaining its health risks, this could also be classed as negligent behaviour.
Failure To Diagnose
If you have been to your dentist relating an oral health matter and they have failed to examine you, or if they have diagnosed your problem but failed to consider other issues, then they have overlooked an oral health condition. Scenarios like those would likely result in your condition deteriorating. This may cause more pain and suffering, and you may require further treatment to rectify the issue.
Failure To Treat
This particular type of dental negligence pertains to a situation when a dental professional does not offer appropriate treatment. Examples of this type of negligence can include failure to recommend a treatment plan for the patient, or recommending inappropriate treatment.
Failure To Obtain Patient Consent
It is a legal obligation that a dentist obtains consent from their patient before conducting any treatment. Many patients will accept whatever treatment the dentist suggests with very little understanding or questioning.
To the detriment of some dentists, they assume that patients are content to accept whatever treatment the dentist carries out as they are medical professionals.
Patient consent is considered valid if a dentist ensures that:
- The patient is given all necessary information and is fully aware about the the proposed treatments, risks and alternative treatments
- The patient has granted consent voluntarily
- The patient has the ability to understand the nature, reasons and consequences of the proposed treatment.
There are, of course, many more scenarios in which a dentist’s actions (or lack thereof) constitute negligence. This could be virtually any situation in which they have inflicted unnecessary pain or caused long-lasting damage that could have been avoided.
At SDS, we have a vast amount of experience that has been built up over the past two decades. If you have suffered as a result of negligent treatment by a dental care professional, contact us today to start your dental negligence compensation claim.
What are common injuries caused by Dental Negligence?
It is important to understand that dental negligence refers to an intentional lack of care that has led to injury. Although it is possible that the dental professional may not have intended to cause harm, it does not mean that you cannot make a claim against the responsible party.
There are a variety of types of dental injuries that can occur from negligence, and it is critical to seek justice when it is deemed necessary. SDS Solicitors are a trusted and highly accredited law firm of qualified dental negligence solicitors, who specialise in a wide range of dental injury claims. Some of these injury claims include, but are not limited to:
Tooth nerve damage
The dentist has not taken adequate care to carry out the treatment which has resulted in tooth nerve damage.
These treatments can lead to a variety of issues, such as poorly fitted veneers or ill-fitted bridges that have caused food traps.
During extraction of the tooth, nerves could be damaged due to tooth fracture. Dentists should not continue unless a full x-ray has been carried out on the remaining roots.
As this treatment is a restorative procedure, the dentist is required to remove the damaged area of the tooth or the decaying part. Dental negligence is considered if the process is performed poorly.
The majority of restorative dental claims can be directly attributed to the dentist’s lack of providing diagnosing or treating tooth decay or providing the wrong treatments to rectify the problem.
Oral cancer negligence
At your standard dental check-ups, your dentist has a responsibility to screen for any potentially serious conditions in the mouth, including cancer. Although most dentists are very skilled, highly dedicated and treat their patients with a high level of care and professionalism, this is not always the case. Cancer misdiagnosis can lead to further pain and suffering, reduced treatment options, lowered life expectancy and even death.
Pains after dental work
Depending on the dental procedure, it is often more than likely that patients will endure some pain, soreness or sensitivity in the affected area for a few days. If a patient starts to experience pain in other areas or perhaps the pain in the affected area has worsened, this can be a good indicator of potential underlying issues or a more serious condition which may have been overlooked.
Infections after dental work claims
If dental issues are not carried out correctly or mistakes are made during treatment, this can result in a dental infection which can be both painful and damaging to your general oral health.
Wisdom tooth injuries
If the process to remove the wisdom tooth is not carried out correctly, there is a chance that a wisdom tooth will be impacted. This can lead to decay of the molar, gum inflammation, pain and discomfort from nerve damages, and potential damage to the molar in front of it. You can also be eligible for a claim if the wrong tooth has been extracted. Pain and discomfort can develop when a dentist causes the wrong tooth to be removed.
If too much force is exerted during a tooth extraction, chances of jaw fracture are very high. This can lead to nerve damage as well and other problems such difficulties in opening your mouth, speaking , eating and potential disfigurement.
If you or a loved one has been affected by the above or anything else not included, please do not hesitate to contact us so that you can discuss a possible compensation claim with our solicitors.
How can I make a claim for dental negligence?
Dental negligence cases are very complex, and proving the dentist was at fault can be extremely difficult. Before you proceed with any legal action, you should seek advice from an expert solicitor who can advise you on the best course of action.
Evidence of negligence is required – usually proof that the dental care you received fell below acceptable or reasonable standards. These situations are often not black and white, so it might be worth collecting evidence about the correct procedures from another dental professional.
Firstly, you will be required to show proof that the negligence you endured caused an injury or a worse outcome to take place. This can either be a physical or mental health issue (as your mental well-being can also be affected by medical negligence). You need to be able to show that, if negligence had not occurred, then the resulting injuries would also not have happened.
One approach to doing this would be to collect your patient records as dentists are legally required to keep your dental records for at least two years. Your records can be requested directly from your dental practice itself.
If you are eligible to claim for dental negligence, we will construct a strong claim for you, in order to achieve the highest amount of compensation. The Dental Negligence Solicitors with SDS have decades of experience dealing with all types of medical negligence claims, including cases of Dental Negligence. Get in touch with our team today to find out how much compensation you could be eligible for.
What Do I Need to Claim for Dental Negligence?
If you or your loved one are interested in making a claim for dental negligence, there are several factors that you would need to consider and provide during the legal process. The 3 main area that are analysed are:
Proving Duty of Care Breach
Sufficient proof is a prerequisite to show that your dentist has delivered below standard care. A direct comparison of of their work with work of other dentists will be evaluated to determine if your dentist’s work has committed a breach of duty
Evidence of Causation
If your dentist has a breach of the standard of care, then it may be a possibility for you to claim for an injury. Furthermore, if the dental practitioner's poor level of care directly impacts you, then you may well be able to claim compensation for dental negligence
Proof of Damages
Any money that you have paid out in order to rectify the harm caused by your dentist who failed to deliver an adequate duty of care. If you are successful, there may be grounds for you to claim damages and the dentist but more importantly as well, recover any monies paid out.
Furthermore, it is highly recommended that you have some notes of the dates of the visit and subsequent appointment you had to attend due to the poor care and your financial losses encountered.
To find out more about our claims process, please contact our experienced dental negligence lawyers at SDS Solicitors today.
Do I have a time limit for Dental Negligence Claims?
There is a time limit for medical negligence claims and personal injury claims in the UK, including claims for negligent dental treatment.
If you have suffered as a consequence of dental negligence and you are eligible for compensation, you will need to start your claim within 3 years from the date of the incident that has caused your dental injury.
There are a number of exceptions to this rule, such as extensions being available for injuries which are not evident right away. If you have only been made aware of the damages caused by the negligent treatment some time after this had been carried out, you could be eligible to make a claim up to 3 years from what is known as the “Date of Knowledge”.
Contact us today to find out if you are eligible for dental negligence compensation. The experts at SDS Solicitors can help you start your claim timely, and ensure you achieve the best compensation amount possible.
Why choose the Dental Negligence Solicitors at SDS?
Established in Manchester in 1997, we are a leading specialist medical negligence, accident at work and personal injury law firm acting for claimants who are victims of non-fault incidents.
Our Medical negligence solicitors act regularly for clients across Greater Manchester including Ashton, Bury, Bolton, Radcliffe, Prestwich, Middleton, Failsworth, Rochdale, Oldham and Whitefield.
The team of Dental Injury Claims Solicitors at Sheldon Davidson Solicitors can support your needs wherever you live in Wales, England & Northern Ireland.
We specialise in no win no fee claims, which means if you don't win, you won't have to pay.
Call us for free now using the number at the top of the page or complete the online contact form and a member of our team will get back to you.
Sheldon Davidson Solicitors are a Lexcel accredited law firm. The Lexcel standard is only awarded by the Law Society to firms who meet the highest standards of practice management and customer service.
With Sheldon Davidson Solicitors in Whitefield, Manchester you can be confident that your claim is in safe hands.