Dental Negligence Claims

What is dental negligence?

If you have ever experienced a dental procedure that went wrong or left you with unexpected (painful) complications, then you’ve suffered dental negligence.

Dental negligence is a form of medical negligence that occurs when a dental professional fails to provide the level of care that you rightfully deserve when you sit in the dentist’s chair, resulting in harm or injury to you, the patient.

You trust your dentist to diagnose your dental condition accurately, perform procedures skillfully, and ensure your safety throughout. However, if your dentist deviates from the expected standard of care, whether through misdiagnosis, surgical errors, medication mistakes, or hygiene failures, you may find yourself dealing with the consequences of dental negligence.

But here’s the good news: when dental negligence happens, you don’t have to bear the burden alone. You have the right to seek compensation for any financial damages and losses you’ve suffered as a result of their negligence.

At NoWinNoFee.com, we understand the distress and frustration that dental negligence can cause. We’re here to guide you through the process and help you fight for your rights. To find out more about dental negligence claims, or to make a medical negligence claim, call 0800 234 6438 today.

You’ll speak to a fully trained legal advisor who will determine if you could be eligible to claim compensation for your dental injuries. If they believe you have a successful claim to pursue, they’ll partner you with a specialist personal injury solicitor who will represent you on a no win no fee basis, and fight to get you the full compensation you deserve.

Importance of making dental negligence compensation claims

If you’ve experienced negligent treatment, or been injured at the hands of a dental professional, through no fault of your own, it’s important you claim dental compensation.

Why?

First and foremost, it’s about seeking justice. You have the right to be treated with the utmost care and professionalism by your dentist. But when you’ve experienced dental negligence, it can leave you feeling frustrated, hurt, and even betrayed. By pursuing a compensation claim, you’re holding the responsible dental professional accountable for their actions, or lack thereof.

Secondly, it’s about getting the support and help you need. Dental negligence can lead to physical pain, emotional distress, and financial burdens. Whether it’s corrective procedures, dental implants, ongoing treatment, or therapy to address the emotional impact, claiming dental negligence compensation can provide you with the financial compensation to cover these expenses. It can ease the monetary load and help you get the necessary support to recover and move forward with your life.

Furthermore, claiming compensation can bring about positive changes in the dental industry. By shedding light on cases of negligence or dental malpractice, it raises awareness and encourages dental professionals to prioritise patient safety and improve their practices.

Your claim can play a part in preventing similar incidents from happening to others in the future. It’s about making a difference and protecting the rights of patients like you.

Remember, you don’t have to go through this alone. Your dental negligence lawyer will be by your side the whole time, guiding you through the process, listening to your concerns, and fighting for your rights. They’ll work tirelessly to ensure you receive the compensation you deserve and help you on your journey towards healing and recovery.

What legal responsibilities does my dentist have?

Your dentist has many important legal responsibilities when it comes to your dental care. These include:

Duty of care

Your dentist has a duty of care toward you. This means they are legally obligated to provide you with a reasonable standard of care. They should use their professional skills and knowledge to ensure your well-being and deliver the quality of treatment you expect.

Informed consent

One crucial responsibility your dentist has before carrying out any dental work is obtaining your informed consent. Your dentist should take the time to explain the nature of the proposed treatment, any potential risks or side effects involved, and alternative options available to you. You should have a clear understanding of the treatment you’re about to undergo, so you can make an informed decision about your dental care.

Confidentiality

Your dentist must protect your personal and medical information, ensuring that it remains private and secure. You should feel comfortable sharing your dental history and concerns, knowing that your dentist will handle your information with the utmost care and professionalism.

Maintain dental records

Your dentist should keep accurate and detailed records of your dental treatment. This includes documenting diagnosis, treatment plans, procedures performed, and any medications prescribed. These dental records serve as an important reference for your ongoing care and can be crucial in case of any legal issues or disputes.

If you believe that your dentist has failed to meet these legal responsibilities, and you’ve suffered dental negligence as a result, you could be eligible to claim compensation.

Common types of dental negligence cases

Misdiagnosis or delayed diagnosis

This occurs when your dentist fails to accurately diagnose a dental condition or delays diagnosis, leading to incorrect or delayed treatment. For example, your dentist may overlook signs of oral cancer or misinterpret an X-ray, resulting in a delay in necessary treatment.

According to the NHS, one of the most common cancers in the world is oral cancer. It presents as lumps in the mouth, mouth ulcers, loose teeth, and numbness. Oral cancer misdiagnosis, or delayed mouth cancer diagnosis can result in you having to undergo complicated, unnecessary treatment.

Surgical errors

Surgical errors are mistakes made during dental surgery or invasive procedures. Surgical errors can include nerve damage, extraction of the wrong tooth, perforation of the sinus, or improper placement of dental implants. Such errors can lead to significant pain, complications, and the need for remedial treatment.

Anesthesia complications

Administering anesthesia is a crucial aspect of many dental procedures. However, negligence in administering or monitoring anesthesia can result in complications such as allergic reactions, nerve damage, or even life-threatening situations like an overdose. Anesthesia errors can have serious consequences and require immediate attention.

Medication errors

Your dentist may prescribe medications to manage pain, infection, or other dental issues. However, errors in prescribing, administering, or monitoring medication can occur, for example, if they get the incorrect dosage, you experience adverse drug interactions, or your dentist failed to factor in your medical history or allergies.

Infections and hygiene failures

Dental professionals have a responsibility to maintain a clean and sterile environment to prevent infections and promote patient safety. Negligence in maintaining proper hygiene protocols, inadequate sterilisation of equipment, or failure to follow infection control measures can lead to infections, such as gum disease or oral infections.

Types of injuries that can result from dental negligence

Dental negligence can lead to various types of injuries and complications. For example:

Nerve damage

During a dental procedure, such as an extraction or implant placement, negligence can result in nerve damage. This can cause persistent pain, numbness, tingling, or loss of sensation in the affected areas, such as your lips, tongue, or jaw.

Infections

Failure to maintain proper hygiene standards or inadequate sterilisation of the dental equipment used on you can lead to infections. Common infections include gum infections (periodontal infections), abscesses, or oral infections. These can cause you severe pain, swelling, and may require you to have additional treatment.

Oral or facial injuries

Improper use of dental instruments, surgical errors, or accidents during procedures can all result in you sustaining oral or facial injuries. This can include damage to your teeth, gums, jawbone, or soft tissues. Injuries such as fractures, dislocations, or lacerations can all cause pain, functional impairments, and aesthetic concerns.

Wrong tooth extraction

Negligence during tooth extractions can lead to the unnecessary removal of healthy teeth or extraction of the wrong tooth. Losing a healthy tooth can have significant implications for your oral health, bite alignment, and overall well-being.

Anesthesia complications

Anesthesia is commonly used during dental procedures, such as root canal treatment, to ensure your comfort. However, negligence in administering or monitoring anesthesia can result in complications. These may include allergic reactions, adverse drug interactions, respiratory problems, or even life-threatening situations.

TMJ (Temporomandibular Joint) disorders

Improper dental treatments, such as poorly designed dental restorations or bite adjustments, can lead to TMJ disorders. These disorders affect the jaw joint and can cause pain, jaw stiffness, clicking sounds, difficulty in jaw movement, and headaches.

What to expect during the dental negligence claims process

When you pursue a dental negligence claim, it’s important to have a clear understanding of what to expect during the process. Here’s a general overview of what’s likely to go down:

1. Initial consultation: Your journey begins with an initial consultation with a dental negligence claims specialist. This is an opportunity for you to discuss your case in detail and provide all the relevant information. Your solicitor will listen attentively, assess the validity of your claim, and offer guidance on the next steps.
2. Gathering evidence: To support your claim, your legal team will work with you to gather the necessary evidence. This may involve obtaining your dental records, seeking expert opinions from dental professionals, inviting you to go for a medical assessment, and collecting any relevant photographs or documents. The strength of your evidence is crucial in building a compelling case.
3. Letter of claim: Once your legal team has gathered the necessary evidence, they will draft a formal letter of claim. This letter outlines the details of your case, including the negligent treatment you received and the resulting harm. It is sent to the defendant, typically the dentist or dental practice involved, initiating the legal process.
4. Negotiation and settlement: In many cases, the defendant’s legal team will respond to the letter of claim with their own investigation and response. This often leads to negotiations between the two parties, aiming to reach a fair settlement.
5. Court proceedings (if necessary): If a fair settlement cannot be reached through negotiation, your case may proceed to court. Your legal team will guide you through the court proceedings, representing your interests and presenting your case before a judge.
6. Resolution and compensation: Once your case is resolved, whether through negotiation or court proceedings, you will receive the compensation determined by the settlement or court decision. This compensation is intended to help you recover financial losses, cover medical expenses, and provide support for any pain, suffering, or long-term effects caused by dental negligence.