Dental negligence claims are a type of medical malpractice claim that can arise when a dentist fails to provide the standard of care that is expected from a professional in their field. These claims can be filed when there is an injury or illness caused by an error or omission on the part of the dentist. Patients who have suffered physical pain, emotional distress, and financial losses due to dental negligence may be eligible to pursue compensation for their damages through a dental negligence claim.
5 Types of Dental Claims
- Injury Claims – the negligent actions of your dentist can cause injury such as nerve damage, incorrect removal of an incorrect and otherwise healthy tooth. The dentist may also fail to diagnose tooth decay or gum disease which results in injury, pain, or suffering.
- Serious injuries – injuries from negligent dental practices that result in serious harm to your physical and mental wellbeing, those that have a life-changing impact. Examples could include failure to diagnose cancer, using the incorrect tools to carry out dental work or failure to keep the environment sanitary which could lead to infections.
- Consent issues – some dentists fail to obtain informed consent from their patient prior to carry out any dental work. Your dentist has a legal responsibility to make sure that you are aware of any potential risks or side effects.
- Diagnosis delays/misdiagnosis – failure to diagnose and treat any dental problems could make pre-existing issues worse. Misdiagnosis claims could result in incorrect treatment or medication that could lead to further complications or suffering.
- Poor quality of treatment – new dentists who have a lack of training may cause injuries due to the lack of experience.
If you have experienced any of the above, whether under the NHS or a private dentist, please contact us for a free consultation. You have 3 years to make a dental negligence claim so it is always best to bring your claim as soon as possible. When you discuss your case with us, we will ensure to review the prospects of success and the points of negligence. If we feel your claim does have good prospects of success, we would be able to take your claim on a no win, no fee basis.
Understanding Dental Negligence Claims
Dental negligence claims arise when a dentist fails to provide a reasonable standard of care, resulting in harm or injury to the patient. To establish a case of dental negligence, four principles must be proven: duty, breach of duty, causation, and damages.
- Duty: Your dentist has a legal duty of care to you as their patient.
- Breach of duty: When your dentist is negligent and breaches their duty of care to you.
- Causation: Proving that the failings in dental treatment caused their patient to suffer an injury.
- Damages: The breach of duty caused injury to the patient so that they are entitled to compensation for their injuries.
Examples of Dental Negligence Claims
- Misdiagnosis
- Extraction mistakes resulting in hospitalisation or damaged/severed nerve/extracting the wrong tooth
- Anaesthesia complications
- Substandard crown or bridge treatment.
- Root canals can result in injury due to inadequate treatment
- Poorly fitted dental implants
Dental negligence can have serious consequences for patients, including physical pain, emotional distress, and financial burden. Examples of dental malpractice include anaesthesia complications, improper tooth extractions, and failure to diagnose dental conditions. One of the most common types of dental malpractice claims involve wrongful or delayed diagnosis, which can lead to serious health consequences for patients. When pursuing a dental negligence claim, it is essential to obtain medical records, review them with an expert, and seek the assistance of an experienced dental negligence lawyer. By understanding the various types of dental negligence claims and seeking legal action when appropriate, patients can hold dentists accountable for their negligent actions and receive compensation for their injuries.
Proving dental negligence in a legal claim
In order to prove dental negligence in a legal claim, it is important to establish the duty of care that the dentist owed to the patient. The duty of care is the legal obligation that the dentist has to provide a certain standard of care to the patient during treatment. The standard of care is determined by what a reasonable and prudent dentist would do under similar circumstances. If the dentist fails to provide this duty of care, they may be held liable for any injuries or damages that result from their actions or inactions.
Once the duty of care has been established, the next step is to determine whether the dentist breached that duty of care. Breach of duty occurs when the treatment provided falls below the reasonable standard of care that the patient would expect to receive from a reasonably competent dentist. To prove breach of duty, the patient must demonstrate that the dentist did not provide the standard level of care required from a dentist. Additionally, the patient must prove causation, which means that the breach of duty caused the injury or loss in question.
Finally, to successfully claim damages from a dentist in a dental negligence claim, the patient must demonstrate that they have suffered an injury or loss as a result of the dentist’s breach of duty and causation. This can be done by showing that the patient has experienced pain and suffering, incurred additional medical expenses, or lost income due to the negligent treatment. If the patient can prove all four principles of negligence – duty, breach, causation, and damages – then they may be able to successfully pursue a dental negligence claim.
Compensation for dental negligence claims
| EXAMPLE COMMON DENTAL INJURIES | COMPENSATION AMOUNT |
| Damage to teeth – Tooth pain, potentially due to an untreated abscess, that lasts for a number of years and deteriorates the teeth condition. | Up to £38,130 |
| Several lost/damaged front teeth | £8,730 to £11,410 |
| Jaw fracture | £6,460 to £8,730 |
| Minor scarring to the face | £1,710 to £3,530 |
Dental negligence claims can result in compensation for individuals who have suffered harm due to the negligence of a dentist or other dental practitioner. Compensation for dental negligence claims can take various forms, including damages for pain and suffering, lost income, medical expenses, and future care costs.
The amount of compensation awarded for dental negligence claims can vary depending on several factors. These factors may include the severity of the injury, the extent of the harm caused, and the impact of the negligence on the individual’s quality of life. Additionally, the level of negligence or malpractice involved in the case can also affect the compensation amount awarded. Settlement amounts in dental malpractice cases can range depending on the circumstances of the case.
It is important to gather all relevant evidence to support the claim, including medical records, witness statements, and expert opinions. If you believe you have been a victim of dental malpractice negligence; it is important to consult with an experienced attorney to understand your legal options and pursue compensation for your damages.
Why choose GSR Solicitors?
- Personal Injury experts
- No win, No Fee, with No Hidden Costs
- Awarded Best-Top Rated Personal Injury Solicitors in Preston 2022
- Awarded Best Nationwide Personal Injury Law Firm 2022 by the Northern Enterprise Awards 2022
- Client driven, friendly and dedicated
We will deal with your claim on a no win, no fee basis so you don’t need to worry about any costs. To get started, simply fill in our contact form and someone from our team will be in touch for a free consultation. Or you can also call 01772 356201 or email team1@gsrsolicitors.com.
