How Long Does A Dental Negligence Claim Take - MND

How Long Does A Dental Negligence Claim Take

How Long Does A Dental Negligence Claim Take

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    The length of time a dental negligence claim may take will vary on a case by case basis. On the average however, dental negligence claims may take between one year and six months to two years. In certain cases, it may take longer than that.

    Factors that determine how long a dental claim might take include;

    • The willingness of the dentist to accept liability
    • Time taken to gather necessary evidence
    • Getting an independent dental expert’s report on the severity of injury
    • Time taken before agreeing on a settlement fee, among others

    What is Dental Negligence?

    Dental negligence may be defined as when your dentist or dental health professional fails to provide you with the right standard of dental care which results in avoidable harm, injury and some other health complications.

    Dental negligence can not only cause you physical harm but can also cause you emotional distress, as well as financial losses. Some of the effects may be permanent and life-altering.

    Dental health practitioners have a duty of care towards their patients and should endeavor that their patients receive the right standard of care.

    dental negligence

    Dental Negligence Claims

    Dental negligence claims refers to where an individual either the affected individual or a loved one, takes legal action against a dental health professional for being negligent causing the patient to suffer avoidable injury, unnecessary pain, emotional trauma or financial expenses.

    If you think that your dentist provided you with poor dental care which has made you suffer unnecessarily, then you may have a strong claim for dental negligence.

    It is estimated that about 40 million dental treatments are carried out in the UK every year and of course mistakes are bound to happen with such a great number. The common cause of dental negligence claims according to the NHS is dental extractions (about 24% of all claims). This is followed by root canal treatment (20%) and then cavities or filling treatments (17%).

    Suing a dentist for acts of negligence is not an easy task and so you need the services of specialist negligence claims dental lawyers to assist you and guide you to what you have to do. We are here to help you in whatever way you require right from the initial consultations to the payment of the settlement fee.

    We remain dedicated to our resolve in ensuring that victims of dental negligence get the best possible legal representation and win a deserved compensation.

    We offer free consultation sessions where we will listen to you, make a free assessment of your claim and give you professional legal counsel on what next steps to take. 

    Reasons For Dental Negligence Compensation Claims

    The reason for making dental negligence claims is simply medical negligence. When your dentist is negligent, it could result in a number of unpalatable results which negatively impacts on the patient, his well being and that of the family. Various forms of dental negligence which we have observed over the years of representing clients with dental claims include the following;

    • Extracting the wrong tooth
    • Filling or performing any dental procedure on the wrong tooth
    • Unnecessary damage to teeth during a dental procedure
    • Wrong diagnosis of a dental condition
    • Delayed diagnosis or completely missed diagnosis
    • Wrong treatment
    • Incorrect fitting of crowns, bridges or other oral prostheses 
    • Use of inferior products
    • Anaesthesia errors during dental surgery
    • Unnecessary nerve damage during surgical procedures
    • Failing to refer patient to a specialist when needful
    • Failing to accurately interpret dental x-rays and test results.
    • Negligent orthodontic treatment
    • Cosmetic dentistry negligence
    • Restorative dentistry errors
    • Treatment mistakes leading to multiple teeth loss or damage

    If your dentist has performed any of the above-mentioned negligent treatments or others similar to these, then you need to speak to a specialist dental legal advisor to give you expert advice on what you need to do to make claims.

    Dental Negligence Claims We Handle

    Our dental solicitors are able to assist you make the following dental negligence claims;

    • Cosmetic Dentistry Claims
    • Dental Nerve Damage Claims
    • Oral Cancer Claims
    • Periodontal Disease Claims
    • Restorative Dentistry Claims
    • Maxillofacial Dentistry Claims
    • Dental Implant Claims

    Signs Of Dental Neglect

    Various signs of dental neglect include;

    • Poor oral hygiene
    • Halitosis
    • Early Childhood Caries (ECC)
    • Periodontal Diseases
    • Odontogenic infections

    Why Should I Make A Dental Negligence Compensation Claim?

    Making a dental negligence compensation claim is not just only about obtaining compensation for your suffering, it is about obtaining justice and seeking redress. Making a dental negligence claim can help to avoid a repetition of such mistakes. If you sue an NHS dentist, after the claims, the NHS tries to make proper improvements to improve service delivery and avoid a recurrence of such negligent acts.

    Making a dental negligence claim also helps you to obtain compensation for your pain and suffering. The amount of settlement you receive as dental compensation will be commensurate with the financial expenses you have incurred as a result of the incident, the amount of pain suffered and severity of injury. It will also cover other expenses especially if you have to give up work altogether, further medical costs and other expenses so that you do not have to suffer financially as a result of the negligent treatment.

    Our expert dental legal advisors will be with you and support you every step of the way until you get the compensation you deserve.

    Suing A Dentist

    If a dentist makes a mistake and you decide to take legal action against the dentist, you have to prove and establish beyond reasonable doubt that the dentist was directly responsible for the harm you suffered or complications and not any fault of yours by his or her act of negligence. The four parts of medical negligence therefore, has to be established which are; 

    • Duty (that your dentist owed you a duty of care)
    • Deviation (that your dentist deviated from or breached such duty of care)
    • Direct causation (that the breach of duty has directly caused you to suffer avoidable pain, trauma or further complications)
    • Damages (that you have suffered other damages- financially, physically, or psychologically as a result of the negligent treatment you received) 

    The Processes Involved In Making Dental Negligence Claims

    Your dental lawyer will explain to you in very clear terms what is involved in making a dental claim against your dentist. The stages involved in making dental claims are;

    • Speak With Your Dental Negligence Solicitor 
    • Fund Your Claim
    • Gathers Facts and Information to proof your claims
    • Submit Letter Of Claim 
    • Establishing Liability
    • Negotiating Compensation Value
    • Payment Of Dental Compensation

    Dental Negligence Payout In The UK

    The amount of compensation for your dental negligence claims is not fixed and will vary from one case to another. Your dental settlement payout will depend on certain factors which are unique to every case.

    Our solicitors can however, give you an idea of what you can expect as compensation using our medical negligence compensation calculator.

    Factors which determine how much you can get for your dental compensation include-

    • Severity of the injury
    • Site of injury
    • Damages caused to you by the injury
    • Emotional distress
    • Financial losses incurred which can include loss of income, loss of pension, past, present and estimated future losses)
    • Future Prognosis
    • Expenses for medical appointments

    The table below shows the average amount of compensation one can receive for various types of dental injury caused by dental negligence:

    Severity Of Injury Average Amount Of Compensation
    Loss of A Single Back Tooth £910 to £1,430
    Loss of A Single Front Tooth £1,840 to £3,300
    Loss of two front teeth £3,630 to £6,380
    Loss of several front teeth £7,320 to £9,540
    Gum disease As high as £32,000
    Very serious facial scarring £27,940 to £91,350

    No Win No Fee Dental Negligence Claims

    For our medical negligence claims which includes dental negligence compensation claims, our medical negligence solicitors will represent you on a No Win No Fee basis also known as Conditional Fee Agreements. 

    By this, you are exempted for paying us any legal fees throughout the entire negligence claims process. Also, you do not have to pay us even if the claim is not successful. However, when the case is won, a 25% success fee will be deducted from your total award value while you receive the rest.

    Time Limit For Your Dental Negligence Claim

    As with every other medical negligence claim, the Limitation Act of 1980 stipulates a strict time limit for making dental negligence claims. This Act stipulates that you only have a three-year time frame from the date of the dental negligence or from the date you became aware of it to make a dental claim. If unfortunately, the individual is dead, this three-year time limit starts from the date of death.

    The few exceptions to the rule are;

    • Where the individual is below 18 years of age as at the time of the incident, a claim can be made even until the 21st of the individual. This is because the time limit usually activates when the individual becomes an adult.
    • Where the individual is mentally or physically incapacitated and unable to make claims, this rule may not apply until the individual is able to do so.

    However, in the above cases, the individuals do not have to wait for long until they are able to make claims by themselves before taking legal actions against their negligent dentist. A close relation or next of kin (litigation friend) can make claims on their behalf. They will have to present a proof of authority or show that they are the next of kin in order to make claims. 

    Our specialist medical negligence solicitors are ready to answer whatever questions you may have and give you more explanations about how you can make claims on behalf of a loved one.

    Our Expertise In Dental Negligence Claims

    At Medical Negligence Direct, we have very friendly, dedicated, understanding and expert dental solicitors with many years of experience representing people who have suffered from diverse dental negligent treatment. We are known to give our clients the best possible legal representation and have secured deserving compensation amounts over the years

    You can speak to us at no cost at all as our consultation sessions are free of charge. We are here to listen to you, support you, empathize with you, assess your case professionally and give you expert dental legal advice on how to proceed with your claims.

    We encourage you today not to put off or delay in seeking justice for harm you have suffered as the sensitive nature of medical negligence claims means that it is ideal to begin your claims as soon as possible. With our No Win No Fee policy, you have no fear whatsoever about legal fees as you have the opportunity to make claims without any financial risks to you.

    You can also fill our online free assessment form and we will reach out to you in the shortest possible time.

    Conclusion

    Any act of negligence can have permanent life altering consequences. When we visit our dentist, we expect to find a solution to our dental problem and not to suffer more than we already are. This is also the case in other fields of healthcare delivery. Medical professionals owe a duty of care to their patients and so we understand how difficult it must be for you or your loved one to suffer as a result of a mistake or negligent treatment by your dentist which could well be avoided. 

    It is for this reason that we are here to help you seek a redress, get justice and win a deserved compensation which can be very vital towards your recovery. 

    Reach out to us at your earliest convenience and let us help you make that dental negligence claim.

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