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Dental Negligence
Dental Negligence
Errors in dentistry can cause a lot of distress and pain towards the patient. If you have fallen victim to dental negligence, get in touch to make a claim and get back your entitlement.
Dental negligence
Dental negligence claims
Dental malpractice, or dental negligence, may involve harm to the patient, whether through poorly performed procedures, incompetence, or failure to diagnose. This may involve severing a nerve, pulling the wrong tooth or failing to diagnose decay resulting in further problems.
Serious Injury
Serious harm to a patient can be a feature of dental malpractice with some patients experiencing life changing injuries. A dentist may cause a serious infection due to unsafe practices, fail to diagnose a case of oral cancer, or improperly use dental tools resulting in permanent injury. These examples could all qualify as dental malpractice.
Informed Consent
Your dentist is responsible for informing you of any of the risks involved with your treatment or proposed treatments as well as any side effects and risks to your health. If you are treated and not made fully aware of these risks beforehand and something goes wrong, you could have grounds for a dental compensation claim.
What can I claim for if I’ve suffered dental negligence?
If you’re suffering due to medical negligence, you can claim compensation for the following:
- The extraction of the wrong tooth or teeth
- Misdiagnosis, missed diagnosis, delayed or failed diagnosis
- Dentist carelessness, including failure to remove unplanned foreign objects during treatment
- Failure to provide a treatment plan, preventative or oral hygiene advice
- Inadequate radiology or imaging
GET IN TOUCH
Contact Vanstone law using the contact form or via the following details and we’ll be in touch to let you know how we can help:
What you need to claim Dental Negligence
Evidence will need to be collected to establish that your dentist was negligent. In addition there are time limits for bringing a claim namely, within three years from the point in time at which you knew you had potentially received negligent dental treatment. Once these three years have passed, you may no longer be able to claim compensation or sue your dentist.
How to prove Dental Negligence
There are several things that you must be able to prove when making a dental negligence claim:
- Breach – This means that you must show how the dentist breached his or her duty by falling below the required standard of care. This standard is measured against other reasonable dentists of average skill. In some cases, other dentists may be brought in to offer expert testimony about an acceptable level of care.
- Causation – This means demonstrating that the dentist’s breach of duty caused you harm. If your harm was not caused directly by the dentist’s breach of duty, then you cannot sue him or her for dental negligence.
- Damages – This means showing that you suffered some form of harm as a result of your dentist’s breach of care. If you didn’t come to any harm, you cannot sue your dentist – even if they were blatantly careless.
Cosmetic Dentistry
There is a wide variety of cosmetic dental treatments available, with many becoming increasingly popular. It’s essential that you understand the nature of the treatment and also how long it is likely to last before you agree to it.
Can I make a dental negligence claim against a private dental practice?
If your private dentist was negligent in your treatment or otherwise failed in their duty of care towards you, you can make a dental negligence claim against them.
What is the dental negligence claims process?
The dental negligence claims process starts with an assessment of your claim by a solicitor. If you decide to proceed with the claim, your solicitor will try to negotiate a settlement with the other party and the majority of claims are settled before court proceedings are needed.
If the dental professional that you are claiming against wants to defend the claim and refuses to accept liability for what happened to you, court proceedings may be started. Even up to the day of the court hearing, a last minute settlement may be offered by the other party to avoid court. If the claim does go to court, the judge will decide on the outcome and, if they find in your favour, they will decide on the compensation amount to be awarded
GET IN TOUCH
Contact Vanstone law using the contact form or via the following details and we’ll be in touch to let you know how we can help:
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Advice from our legal experts
Vanstone Solicitor’s specialists team has the experience and the expertise you need.
Call us now on or email us on and we will be in touch.
*A free consultation is only redeemable once, and is limited to 20 minutes.