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What is dental negligence?
When a dentist fails to provide you with the correct and satisfactory care, this is considered as dental negligence. This incudes if the standard of treatment has been inadequate, or if it has been wrong or delayed, resulting in injury. This not only affects your physical health but can also impact your mental health.
Some of the errors that you can claim compensation for includes:-
- Misdiagnosis: if the dentist treats you for a problem that isn’t there, which can cause further complications and suffering.
- Failure to provide the correct standard of treatment, which can result in injury.
- Carelessness, including the wrong tooth being extracted.
- Delayed diagnosis
What is considered malpractice for a dentist?
The dentist will usually do the majority of the dental work. However, if assistance is required from further experts such as hygienists, dental therapists, or orthodontists, then errors can also be made on their part. Malpractice for dentists can include:
Errors during oral surgery
Before the surgery takes place, then dentist has to ensure everything has been explained to you properly and you are aware of all the risks so that you are able to make an informed decision of weather or not you would like to go ahead. If the dentist fails to warn you of the risks, or makes an error during surgery, then you may be able to claim compensation.
Mistakes or negligence during a root canal
A root canal is a very common procedure which has been performed on countless patients. It is used to treat teeth that are infected due to damaged teeth, decayed, or have a filling that has leaked.
The procedure is usually complete without any issues. However, negligence on the dentist’s part can cause complications and pain, such as not removing the bacteria properly before putting the crown on or causing a fractured tooth. If you have suffered in any way due to an error during a root canal, you may be entitled to claim compensation.
Oral cancer misdiagnosis
If you visited your dentist with the common symptoms of oral cancer such as numbness, red or white patches, mouth ulcers or lumps in the mouth or neck, and they fail to diagnose you, causing further delay and complications in your treatment, then you may be entitled to claim compensation. Oral cancer is an extremely common cancer, the sixth most common in the world.
Why make a dental negligence claim?
When you visit a dental professional, you have faith in them to help and treat the problems that you are having. If an error is made while you are under their care, there is no reason why you should be left to suffer the consequences.
The pain can affect you both mentally and physically, and leave you struggling with day-to-day life. It can force you to take time off work, resulting in the stress of a financial burden, and leave you relying on those around you for assistance. This can have an effect on your relationships.
If you have suffered due to the negligence of a dentist, you may be entitled to claim compensation. You should never have to suffer quietly for the errors of others.
Call us today on 0121 8276 446 to speak to one of our specially trained advisors. alternatively, you can fill out our online form and one of our advisors will call you back at a time that is convenient for you.
How dental negligence solicitors can help?
An error made in dental treatment can result in extreme pain and financial burdens in an attempt to correct it. The dentist who made the mistake may not always admit to it, leaving you to pay deal with the consequences of something that was not your fault. Weather they are working in the NHS, or privately, they still have a duty of care towards you.
If a medical expert fails in their duty of care to you, then this is negligence. regardless of weather the error was committed by a private dentist or an NHS dentist, you are entitled to claim compensation.
How much compensation could I receive?
The amount of compensation you get for a dental negligence claim will depend on many factors. Until the medical evidence has been obtained, the amount you get will not be finalised.
Claiming for compensation can assist not only you in your day-to-day life, but also the people around you, who may need to assist you physically and financially. Further things taken into account include how long you have taken off work, what impact this will have on you long term, and how long your injuries are for.
If you would like further information on dental negligence claims, call us on 0121 8276 446.
Can I claim against an NHS dentist?
Yes. If a dentist, or any NHS medical professional, has failed to provide a duty of care, or caused or aggravated an injury, then you are entitled to make a claim for compensation.
The NHS claims are dealt with by their insurance company, NHS Resolution. They handle all claims against the NHS and are responsible to pay out if the claim is successful.
Can I make a claim against a private dental practice?
Yes. if a private dentist has been negligent or made an error is the treatment that they have provided to you, then you may be entitled to claim compensation. Private healthcare providers have their own insurance in place. the specialist dental negligence solicitors on our panel will obtain the information of this in order to submit your claim against them.
Will I need to have a medical assessment if I make a dental claim?
Yes. Like with all other injury compensation claims, you must attend a medical assessment so that the expert can see what damage has been cause. This will be used as evidence in your compensation claim.
How long do dental negligence claims take?
It is difficult to put a time on how long a dental negligence claim can take, as it is dependant on different factors including how severe the injury is and if liability has been accepted.
Claims being dealt with by private health care insurers can take longer than NHS claims. The time limit can be anything from a few months to a couple of years.
Can I make a dental claim for someone else?
Providing you have written authority from the injured person, you are able to speak for them on their behalf. However, we know that this is not always possible, such as if the person is not able to understand the situation. Even so, you may still be able to claim on their behalf.
If the injury has occurred to someone under the age of 18, then they will need someone to speak on their behalf, such as a person or relative. This is called a litigation friend.
To find out more about claiming on behalf of someone, call us today on 0121 8276 446.
Are there time limits for making dental negligence claims?
The time limit for making dental negligence claim is 3 years from the date you had realised the negligence has taken place.
For someone under the age of 18, the 3 year time limit does not begin until their 18th birthday.
If someone does not have the full mental ability to understand, then there is no time limit on their claim. If you are unsure of weather this applies to your loved one, call us today on 0121 8276 446 to discuss this with one of our specialist advisors.
Remember, even after speaking to us, you will never be pressured or forced into going ahead. You will be provided with all the information so that you are able to make an informed decision.
Can I make a dental negligence claim using no win no fee?
All our dental negligence claims are handled on a no win no fee basis. This is an agreement between you and the solicitor. This means there are no upfront costs, and in the event that your case was to fail, providing that you have been honest and co-operative, you will not have to pay anything.
If your case is successful, any costs not covered by the other side’s insurance will be paid from your compensation. This will be a maximum of 25%. It can be less, but it will never be more.
You should not have to suffer or be put out of pocket due to a someone else’s negligence which can leave you struggling in your day-to-day life. Our specialist team and solicitors are here to assist you in getting the help and justice you deserve.
Call us today on 0121 8276 446 to see how we can help.
Suite 14, 94-96 Bell Lane, Marston Green, B33 0HX
0121 8276 446