Implants, gum disease, root canal treatment and tooth extractions – there are many treatments that can go wrong and lead to a dental negligence claim. If you’ve suffered an injury as a result of medical negligence, Slater and Gordon’s specialist dental solicitors can help get the compensation you deserve.
Dental negligence occurs when a dentist or other dental healthcare professional makes a mistake or error that leads to avoidable and unnecessary suffering for the patient. Injuries and illnesses caused by dental negligence can have severe and painful consequences, far beyond the physical harm inflicted. It is common for those who’ve suffered dental negligence to also suffer financially, as a result of time off work, and notice an impact on their mental wellbeing.
Any dental healthcare professional can be guilty of dental negligence if they have not taken the proper care in the delivery of treatment, including dentists, orthodontists, hygienists and dental nurses. If you’ve been injured or have been made ill as a result of negligent dental treatment, you may have a claim for dental negligence compensation.
There are many different reasons why dental negligence may occur. In essence, negligence happens whenever a healthcare professional breaches their duty of care, providing sub-standard treatment that causes unnecessary or avoidable harm. As you can imagine, this means there are various ways in which things could go wrong if the proper care is not taken.
On the whole, we are incredibly fortunate here in the UK to have access to high-quality healthcare, through the NHS and private healthcare providers. However, there are cases where this standard is not met. In terms of dental negligence, some of the most common ways in which negligence occurs are:
A failure to correctly diagnose and treat an illness or infection. For example, periodontitis (gum disease) can have significant consequences, such as tooth loss, if not treated
Negligent root canal treatment that leads to fractured teeth, or fails to remove all traces of infection
Oral cancer misdiagnosis, whereby a dental healthcare practitioner fails to recognise the symptoms which leads to a delay in treatment
Wrongly fitted implants, where the dentist made a mistake during fitting the implant that causes discomfort or pain
Tooth extractions, where the nerves or gums get damaged or, in rare cases, the wrong tooth gets extracted
An error during cosmetic procedures, such as fitting veneers, crowns or bridges or whitening teeth
Can I make a dental negligence claim against the NHS?
All dental healthcare professionals, whether they work for a private company or for the NHS, have a legal duty of care to keep you safe and to ensure that the treatment they provide is of a high-quality. Where that duty of care has been breached, resulting in an injury or illness that has caused you unnecessary suffering, you may be entitled to make a dental negligence claim.
The process for making a dental negligence claim can be complex, regardless of who you are claiming against, as it depends on your ability to prove that your injury or illness was a direct result of negligence. It is therefore important that you seek the advice of a specialist dental negligence solicitor before you begin.
What evidence do I need to be able to make a dental negligence claim?
Proving dental negligence can be tricky. It relies on your ability to prove that, had the negligence not occurred, you would not have suffered an injury or illness, or your injury or illness would not have been significantly worsened.
That is why we strongly advise people to reach out to an experienced, specialist dental negligence solicitor before you begin your claim. Our team of industry-leading dental lawyers have years of experience in dealing with complex cases, and will work with you to collect all the evidence you need. This could include medical records, as well as witness testimony and independent medical assessments.
You may also be required to provide proof of any further treatment you have required as a result of your injuries, any financial losses you have suffered, as well as evidence of any other consequences you wish to be taken into account (such as any impact on your mental wellbeing).
I cannot recommend Slater and Gordon enough, throughout the entire period of the case, all the staff have been both very professional, and supportive.
Mr Q (medical negligence client)
I just wanted to say thank you so much for everything Slater and Gordon have done to fight this case for us. I appreciate it has involved a lot of people. Please can you also thank the expert witnesses who have provided their expertise and help.
Mr and Mrs H (medical negligence client)
Kept informed regularly as to how my claim was going, prompt replies to any questions I had, excellent customer service at all times. Excellent service from all staff that have been involved in my claim.
Ms S (medical negligence client)
How much could my dental negligence claim be worth?
As each case of dental negligence will be different, it can be difficult to determine exactly how much compensation you could be owed without first taking a detailed account of your circumstances. It will often depend upon the severity of the injuries caused, the prognosis for recovery, and the impact these have had on your daily life.
When making a claim for dental negligence, the amount of compensation you receive should consider:
The pain and suffering you have endured as a result of your injuries
Any loss of earnings you have experienced if you have had to take time off work
Any further treatment you have sought, including any treatment for issues stemming from the original injury, such as counselling or therapy for mental health issues
The cost of any cosmetic procedures you have required, such as replacing a lost tooth
When you begin your dental negligence case, your solicitor should take a full and detailed account of what has happened, including the injuries caused and what they have meant for you since the incident occurred. From this, and any medical evidence that may be required, your solicitor will be able to determine how much compensation you could be owed, and will be able to discuss this with you in greater detail.
To discuss your case in detail, contact our specialist dental negligence solicitors online or call on 0330 041 5869.
How do I make a dental negligence claim for my injuries?
Suffering the consequences of dental negligence can be incredibly distressing, and it can be difficult to know how to take the first step toward making things right. At Slater and Gordon, we understand how overwhelming the process of making a dental negligence claim can seem, which is why our team of friendly, experienced dental negligence solicitors are on hand to make things as straightforward as possible.
The first step to making a dental claim is to get in touch with one of our experts. We’ll take a detailed account of everything that has happened so we can get a better understanding of what has transpired and determining the best way forward.
Our solicitors will then explain the process in detail, so you’ll always know where you stand and what to expect. We’ll always keep you updated on the progress of your case, and aim to have things settled as soon as is possible.
Why choose Slater and Gordon’s dental negligence solicitors?
We know that making a claim for dental negligence can be stressful and overwhelming if you’re unsure of what to do or what to expect.
At Slater and Gordon, our dental negligence solicitors have many years’ experience in handling a range of cases, from the straightforward to the complex, and work hard to ensure our clients not only achieve the best financial outcome, but can rest easy throughout the process knowing everything is well taken care of.
Our industry-leading team are consistently ranked highly in independent legal directories, such as Chambers and Partners, and the Legal 500, and are proud to have helped numerous clients achieve the compensation they deserve. Our team members also include trained nurses and medical professionals who provide us with expert knowledge in-house, helping us to secure the best possible outcome and provide clients with access to high-quality treatment and rehabilitation. This means our clients can focus on their recovery with some of the best care available, while we handle their claim.
Generally, a dental claim should be made within three years from the date the negligence occurred, or the date you were first aware that you had suffered a significant injury or illness due to the negligence.
However, there are exceptions to this rule, for instance if you’re claiming on behalf of a child or someone who lacks the mental capacity to do so for themselves. Whatever your personal circumstances, it’s important that you speak with a specialist dental lawyer to understand any time limitations that may apply to your case.
Can I still claim for dental negligence if I have signed a waiver or consent form?
Yes, you can still make a dental claim if you’ve signed a waiver or consent form. Neither of these documents exempt dental healthcare professionals from their duty of care, meaning that if the treatment they delivered was negligent in anyway, they are still liable.
Many treatments and procedures delivered by dental practitioners will have a certain degree of risk, and waivers and consent forms are designed to ensure that patients are aware of these risks before any treatment is administered.
If you have signed a form, the solicitor handling your case may ask you some questions about it, such as ensuring you were made fully aware of the risks and had access to all the information you needed to make an informed decision. If the answer is no, you may still be entitled to claim compensation for your injuries.
How long will my dental negligence claim take?
Every case of dental negligence is different, which means it can be difficult to determine how long a case will take to settle. There are various factors that can influence how long the process will be, such as the severity of your injuries and whether or not the ‘other side’ accept liability.
Generally, the more complex the case, the longer it will take to settle. We strongly advise you discuss your individual circumstances with an experienced dental lawyer in the first instance, who will be able to offer more advice and guidance to ensure your claim is handled as quickly as possible.
How much does it cost to make a dental negligence claim?
The majority of our dental negligence claims are funded by a Conditional Fee Agreement, otherwise known as a No Win No Fee agreement. This means if you lose your case, you won't have to pay any fees and therefore, there’s no financial risk to you.
For further information about No Win No Fee agreements, read our medical negligence fees page.
I cannot recommend Slater and Gordon enough, throughout the entire period of the case, all the staff have been both very professional, and supportive. Mr Q (medical negligence client)
I just wanted to say thank you so much for everything Slater and Gordon have done to fight this case for us. I appreciate it has involved a lot of people. Please can you also thank the expert witnesses who have provided their expertise and help. Mr and Mrs H (medical negligence client)
Kept informed regularly as to how my claim was going, prompt replies to any questions I had, excellent customer service at all times. Excellent service from all staff that have been involved in my claim. Ms S (medical negligence client)