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Dental Negligence Claims

Dental Negligence Solicitors : Making a Claim for Dentistry Errors


Nobody likes going to the dentist, and when things go wrong it can result in a lot of pain and trauma. Luckily, dental errors are few and far between, but they are still an unfortunate reality. And, when a dental professional fails to provide an acceptable standard of care or demonstrates carelessness, leading to injury or harm, it is classed as dental negligence and therefore a claim can be made.

However, as with any legal matter, the process of pursuing a dental malpractice case is confusing and is difficult for most people to navigate. This is where our team of experienced solicitors come into action. They will work with you throughout your claim, providing advice and support as well as taking all the steps necessary to obtain the highest level of compensation for you, in the shortest possible time.

Understanding Dental Negligence and Malpractice Claims

Dental negligence refers to any injury or harm that has been caused, has got worse, or not been noticed by a dentist or oral health professional. It can include accidents, oversights, incorrect or delayed diagnosis that has led to physical injury, impacted your well-being, or resulted in financial loss including medical expenses. Some examples of negligence include:

  • Misdiagnosis, including incidents where oral cancer was not detected
  • Nerve injury caused during dental procedures
  • Complications from cosmetic dentistry
  • Errors in restorative dentistry
  • Misdiagnosis of periodontal disease
  • Treatment mistakes leading to damage or loss  of several teeth
  • Negligent root canal and bridge treatments
  • Tooth extraction issues

Our Dental Negligence Claims team

Find out more about some of our Dental Negligence Claims team. We have legal experts all over the UK who can help.
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Types of Dental Negligence Claims

Cosmetic and Restorative Dentistry Claims

You may have chosen cosmetic treatment to get that ‘perfect smile’, or perhaps have had some dental implants to replace missing teeth. Either way, if something as simple as braces are not secured properly it can cause a lot of pain and even damage your teeth. Improperly fitted implants can also cause severe pain. Crowns are a great way of protecting your teeth, but if these are poorly fitted they can actually damage the teeth they are supposed to be protecting! Due to the very nature of Construction sites, there are a lot of people and companies involved, and it can be hard to identify just who is responsible for your injury. The key thing to remember though is that there is a responsible party, and we can help you identify them so that a claim can be made. Claims normally have to be made within 3 years, but there are exceptions.

Nerve Injury Claims

Unfortunately, it is possible to damage the nerves in your teeth when undergoing a medical procedure like oral surgery, and where it can be proved that this damage was caused by incorrect treatment, then you can make a claim. How can you tell if you have a dental nerve injury? The most common symptoms include, pain in your jaw, cheeks, eyes or even your forehead. You could also experience a burning sensation in your jaw, losses of sensation or tingling in the mouth, inability to control the level of saliva and even problems your tongue. If you suffer from pain when you smile, talk, eat, move your head, or even when you feel the wind on your face, then you could be suffering from a dental nerve injury, and thus could possibly make a claim.

Gum Disease / Gingivitus – Failure to Diagnose or Treat

Often brought to a patients notice when they find their gums are bleeding when cleaning their teeth, periodontal disease, can, if left untreated result in the loss of teeth as well as a painful jaw. Dentists have a duty to detect this preventable problem and then to provide advice on cleaning your teeth, as well as taking x-rays as necessary. Thus, If your dentist has in the past failed to recognise or provide the correct care, you could potentially make a claim for compensation.

Claiming Against Dental Professionals

Regardless of whether the dental professional is an NHS or private Health care professional, if their negligent treatment has caused harm, a compensation claim can be made against them (the good news here is that by law all dental professionals must have indemnity insurance, which means even if the dentist can’t pay, their insurance company will). 

Free Consultation

The first step is to have a free initial discussion, as this will allow us to ascertain the possibility of raising a case and the potential monies you might win.

Time Limitations for Dental Negligence Claims

Typically, a claim should be made within 3 years from the time you noticed the possibility of negligent treatment. However, there are exceptions:

  • If the claim is being made for a child, there’s no time limit until they reach 18. From then onwards, the 3 year rule applies.
  • If the claim is on behalf of a person who lacks the mental ability to make a claim on their own behalf, there’s no time limit for starting a negligence claim.

The Duration of Dental Negligence Claims

The time taken to process a claim for dental negligence can vary from a couple of months to many years, this being dependent on the severity of the injury and whether the dentist (whether Private or NHS), accepts responsibility for the medical error. Delays can also be caused if it is found necessary to obtain expert testimony from medical experts or expert witnesses.

No Win No Fee Dental Negligence Claims

The majority of negligence cases we deal with are carried out on a no-win-no-fee basis. This is one of the best ways of securing legal help and has the advantage of there being nothing to pay at the start of claim, with no costs if the claim is not successful. In successful cases, the majority of your legal costs are covered by the person you are claiming against, with the balance of the legal fees being taken from your compensation award.

Dental Negligence Claims Case Studies

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Dental Negligence Claims FAQs

Here are some commonly asked questions related to dental negligence claims:

In most cases, you won’t have to go to court. Around 95% of our cases are settled without the need to go to court, one of our skills being the negotiation of a fair injury settlement figure.

There are no upfront costs or unexpected fees when you start your claim with us. Our initial advice is free and we can work on a no win no fee basis, this providing you with financial peace of mind while pursuing your claim.

Yes, you can make a dental claim, even if you signed a consent form. These forms can’t be used to absolve dentists of all blame if they fail in their duty of care.

Remember, if you’ve experienced dental negligence, you have the right to seek justice and compensation. Don’t hesitate to reach out and start the process today.

The first step is to arrange a free initial consultation with one of our experts, to see if you can make a dental negligence claim. Our team will gather evidence of medical errors, including accessing your medical records. We’ll also ask an independent medical expert to comment on whether the dental treatment you received was negligent. They’ll produce a report on your current and future needs in support of your compensation claim.

Negligence during oral surgery can result in nerve damage. If you have suffered a nerve injury following dental treatment, you may be able to claim compensation.

Common indications that you may have oral cancer are ulcers, lumps and red or white patches in the mouth or tongue. If your dentist failed to examine you properly, or there was a delay in making a diagnosis, you may be entitled to claim compensation.

Whether a procedure is cosmetic or not, dentists have a duty of care for their patients and mistakes during cosmetic treatment can cause serious pain and suffering. If you have experienced cosmetic dental negligence then you may be entitled to make a claim.

Medical negligence doesn’t only impact you physically; it can have a huge effect on your mental health too. Data in a recent study of 1,000 people found that 72% suffered from a mental health issue such a mental anguish as a direct result of their injury. The most common were anxiety and stress – with over half saying that they were worried about financial implications. If your mental health has taken a dip due to your injury, we’re here to offer you the support you need.

Claiming compensation can help get your life back on track. It could cover the cost of your medical bills and make up for lost earnings through time taken-off work due to your condition. Compensation can also help pay for any cosmetic dentistry you need, as well as trips to and from hospitals or dental clinics that you have made as a consequence of your injury.

Our team of dedicated dental negligence solicitors understand the physical and emotional trauma you’re going through. We’re here to help you claim compensation and access specialist support services. We’ll gather advice on your care needs and consult with medical professionals to ensure that you receive the compensation you deserve. Besides, we understand that understanding what went wrong is equally important. Hence, we’ll strive to get an explanation and an apology from your dentist for your negligent treatment.

Want to pursue a Dental Negligence Claims claim?

Get in touch with Ward & Rider Solicitors today to speak to one of our expert solicitors, or to book a consultation.