Yes, You can sue your dentist for dental negligence. You must be able to establish that your dentist’s negligence resulted in your injury.
If you have sustained an injury as a result of negligent dental care you have received, you may be able to sue your dentist for dental negligence. Dentists, like all healthcare professionals, owe their patients a duty of care. When you suffer harm as a direct consequence of your dentist’s failure to fulfill this duty of care, this may constitute an act of medical negligence.
However, this does not mean that anyone who suffers an injury after a dental procedure can pursue dental negligence claims. Proving medical negligence against a dentist can be a very complex process. The UK law only grants dental negligence compensation to claimants who can prove that the dental care they received contributed to their illness or injury.
What is Dental Negligence?
Dental negligence is a term that describes errors made by dentists or dental professionals, that lead to an injury to their patients. These errors include removal of the wrong tooth, failure to diagnose certain dental conditions, bad root canal treatment, failure to check and rule out any allergies related to the usage of a dental equipment, and complications resulting from untrained or under-qualified staff providing dental care.
Dental malpractice can be traumatic for the patient involved. The patient may suffer infections and complications that require further treatment and/or surgery – procedures that wouldn’t be necessary but for the negligent dental treatment.
Types of Dental Negligence
Determining what constitutes dental negligence is not so straightforward. Every case is unique and must be considered individually before any judgement can be passed. Generally, dental negligence can be classed into three categories:
Accurate and timely diagnosis is a key part of patient care. Misdiagnosis refers to the failure of a medical professional to correctly diagnose an existing condition, which could worsen the original problem.
- Inadequate Care
This happens when a dentist fails to employ the right techniques for your dental treatment. Inadequate dental care could refer to a one-time treatment or one you received over a long period of time, which has led to complications.
- Careless Dental Care
This refers to a wide range of circumstances, from cutting a patient’s lip to removing the wrong tooth during a dental treatment.
How Do I Sue My Dentist for Negligence?
If you believe you have been a victim of dental negligence, there are a few things you can do to sue your dentist.
As is the case with any legal process requiring adjudication, both sides must present evidence, to either prove or disprove the medical negligence claim. So, preparation is vital. The better prepared your dental negligence solicitors are for your case, the better your chance of having a successful claim. Here are a few things you can do if you are thinking about suing your dentist for negligence:
- Document your injury: You will need to visit a doctor or hospital so your injury is treated. Ensure you ask your physician to pen down their opinion on the severity of the injury, how well it would heal, and how long your recovery will likely take.
- Compile relevant information: Find out the dentist’s name as well as the names of any staff that . assisted the dentist during your treatment. Also note the name of the organization that owns the dental clinic you received treatment – if it is under the NHS or a private company.
- Note the impact on your financial life: If you have missed work and lost your earnings as a result of the negligent treatment you received, make sure you take note of this. If you have had to spend money on getting medication or undertake unplanned journeys which you funded from your pocket, you should also write these down. Your medical negligence solicitors will help you make claims for loss of earnings and financial suffering you have experienced due to negligence.
- Contact a Dental Negligence Solicitor: With all the facts of your dental negligence claim, it is now time to get in touch with a specialist solicitor. Dental negligence solicitors will discuss your experience and let you know if you can make claims for dental negligence. This will largely depend on the severity of your injury, nature of your case and the pain you have suffered as a result of the substandard care you received.
What Can I Make Claims for Due to Dental Negligence?
Making claims for dental negligence involves factoring both tangible and intangible costs, and claiming damages commensurate to these costs. While costs like medical expenses are easy to calculate, other costs are not as straightforward. For instance, how do you attach monetary value to pain and suffering?
Luckily, the UK law provides a framework through which value can be attributed to the discomfort a patient suffers. Dental negligence claims are usually made up of the following types of damages:
- General damages: This includes all the direct (or physical) effects of the negligent treatment. The most common examples of general damages include physical pain, suffering, loss of career, and psychological trauma.
- Special damages: This includes all non-direct losses you have incurred as a result of dental negligence. Common examples of special damages include loss of earning capacity, short and long term medical expenses and loss of income.
- Travel Costs: This includes out of pocket transportation expenses that you have incurred for anything related to the injury you have suffered.
How Do I Begin My Dental Negligence Claim?
If you are planning to start a dental negligence compensation claim, get in touch with Medical Negligence Direct. Our panel of specialist solicitors will offer you a free no obligation legal consultation. During this consultation, we will discuss all the details of your case and try to capture all relevant information about your injury.
Armed with the facts, we will be able to decide if your case is strong enough for a dental negligence claim. If we believe you have a great chance of making a successful claim, we will advise you on the best step to take.
Making Dental Negligence Claims Against the NHS
Dental negligence claims against the National Health Service can be complex. Successfully navigating the claims process will definitely need the support of an experienced solicitor. With loads of experience in suing the NHS for medical negligence claims, we know how to help you get past the complexities of the process.
No Win No Fee Negligence Claims
If you or your loved one are a victim of medical negligence, the experience must be really distressing for you. It is for this reason we offer our clients a No Win No Fee arrangement to ensure you have no financial risks – no matter what the outcome of your claim may be.
So, you wouldn’t pay us a thing until your claim is successful, and you owe us nothing if we do not win.
Why Choose Medical Negligence Direct?
Dental negligence is a unique branch of medical negligence that requires the experience of specialist dental negligence solicitors. Therefore, it is important that you have the best possible legal representation to make a claim on your behalf. This is where Medical Negligence Direct comes in.
Our friendly solicitors have years of experience in pursuing claims for victims of medical negligence. We will try to understand your case, offer compassionate support and guide you through the complex legal process. If you think you have suffered an injury as a result of dental negligence, we can help you with a free consultation.
If you would like expert medical negligence solicitors at Medical Negligence Direct on your side, please call us on 0800 644 4240 or complete our fee claim assessment form and we will be in touch with you.