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Dental Negligence Claims Guide And How To Sue A Dentist?
By Cat Way. Last Updated 23rd September 2024. Dental negligence claims are often warranted after you experience negligent incidents like the removal of the wrong tooth. Such occurrences can cause significant pain and suffering and may leave lasting injuries.
As we’ll see below, you could sue a negligent dentist for various reasons, including poorly executed surgical procedures, inaccurate diagnosis of a condition, and wrong medication prescription. We also look at some other reasons why suing a dentist could be a justified course of action.
If you have suffered because of negligence during dental treatment, having professional legal representation can give you the best chance of making a successful claim. And this is where we can help.
You can also watch our video which explains the dental negligence claims process in detail:
Contact Our Team
Our team of dental negligence solicitors work on a No Win No Fee basis, meaning you can access the legal advice and support you need without having to break the bank. And we can offer you support today, without any obligation on your part to proceed with your personal injury claim. You can:
- Call 0800 073 8804
- Write to us about your claim online.
- Chat with our clinical negligence advisers now by using our live chat in the bottom right.
Read on to learn more about how to claim for dental negligence.
Browse Our Guide
- Eligibility Criteria For Dental Negligence Claims
- Examples Of Dentist Negligence You Could Claim Compensation For
- Should I Make A Complaint To My Dentist?
- What Evidence Do I Need To Sue A Dentist?
- Compensation Payouts For Dental Negligence
- Make No Win No Fee Dental Negligence Claims
Eligibility Criteria For Dental Negligence Claims
Dentists are trained professionals who are expected to provide care at the correct standard. This is the duty of care that dental professionals owe to their patients. Failing to uphold this standard can lead to their patients experiencing avoidable, and potentially very serious, harm. We have summarised the eligibility criteria for a dental negligence claim here:
- A dentist owed you a duty of care as their patient.
- They breached this duty through their failure to provide dental care at the correct standard.
- This breach caused you to experience avoidable harm.
By “avoidable harm” we mean any harm that you would not have incurred had you received the correct standard of care. We’ll examine some examples of this later in the guide.
Time Limits In Dental Negligence Claims
In most cases of dental negligence, a claim will need to be made within 3 years, as per the Limitation Act 1980. However, there can be exceptions to this:
- Minors will have the time limit paused until they turn 18.
- Those lacking sufficient mental capacity will have the time limit frozen altogether.
A suitable adult can apply to be a litigation friend in these situations and, therefore, act on the injured person’s behalf. You can get more information on the time limits, or ask our advisors “can you sue a dentist?” by using the contact information given above.
Examples Of Dentist Negligence You Could Claim Compensation For
As previously mentioned, in order to make a successful claim, you will need to have suffered unnecessary harm after dentist breached their duty of care. If you are unsure what might constitute dental malpractice, we’ve included some examples of potential dental negligence cases in the UK below. You may be able to claim if:
- A dentist took the wrong tooth out
- Clear signs of gum disease are not identified by a dentist
- The misdiagnosis of a condition such as a dental abscess
- When the dentist was carrying out root canal work, they accidentally damaged the nerves affecting one side of the face, which caused paralysis
- Not obtaining consent before providing treatment
- Fractures of the jaw
- Infections caused by dental work
- The psychological trauma caused by the ordeal.
Have you suffered harm that was otherwise avoidable as a result of dental negligence? Call our advisors today and through a free no obligation case assessment they can check the eligibility of your claim against a dentist. If you have a valid dental negligence claim one of our specialist solicitors could agree to work on your case under a No Win No Fee arrangement.
Should I Make A Complaint To My Dentist?
If you feel like you’ve received poor treatment from your dentist, you’re well within your rights to make a complaint.
Making a complaint brings with it a number of benefits. First, you can highlight poor care which can be investigated and addressed. This may prevent other patients from suffering the same problems.
Second, if you choose to make a compensation claim, the fact you have lodged a complaint can help support your case. The outcome of the complaint can also be important in proving negligence
How To Make A Complaint To Your Dentist
So now you know why it’s important to raise a complaint, let’s look at how to do it.
- The first step is to contact your dentist’s office. They should have a complaints procedure in place. When giving your complaint, make sure you provide as much information as possible.
- Your dentist should provide a response to your request within the time specified.
If you’re unsatisfied with the response given, you could make a complaint to the General Dental Council. This is the governing body of dentists in the country. You can only raise complaints about certain issues, such as serious and consistent errors in caring for patients, significant breaches of confidentiality, and a failure to respond to a patient’s needs.
It can take up to 18 months for the Council to complete an investigation. However, if found in the wrong, they can be removed off the register of dentists.
What Evidence Do I Need To Sue A Dentist?
You might be wondering if you need evidence to make a dental negligence claim. Evidence is crucial, as it can help illustrate who owed you a duty of care, how this duty was breached, and how it has affected you. Some examples of evidence that you could use to prove dental negligence include:
- Dental records: Dental and medical records can help illustrate how you have been harmed, as well as the treatment you will need in the future. These could include test results, dental X-rays, and scans.
- Witness statements: Taking down the contact details of any witnesses, such as a family member or a chaperone present at your appointment, means that their statement can be taken later.
- A symptoms diary: Keeping a symptoms diary can help demonstrate the harm you’ve undergone. For example, if you are having trouble eating or drinking after a dentist removed the wrong tooth or teeth, this could be recorded in your diary.
To learn more about how to sue a dentist, keep reading. Or, contact our team of advisors to get more information on claiming dental negligence payouts in the UK.
Compensation Payouts For Dental Negligence
Generally, compensation in dental negligence claims can be split into two headings. The first heading, general damages, covers the pain and suffering you’ve gone through as a result of dental malpractice in the UK. It also covers loss of amenity, which means loss of enjoyment. For example, if you lost two of your front teeth, this could mean you no longer enjoy socialising with friends.
When professionals value this head of claim, they can take help from the Judicial College Guidelines (JCG). This document contains a list of guideline compensation amounts, which you can see some examples of in the table below.
Be aware that the first entry in this list is not from the JCG, and that these figures are only illustrative.
| Injury | Severity | Compensation Guideline |
|---|---|---|
| Multiple Severe Injuries and Special Damages | Very Severe | Up to £100,000+ |
| Skeletal Injuries | Jaw Fractures (i) | £37,210 to £55,570 |
| Jaw Fractures (ii) | £21,920 to £37,210 | |
| Jaw Fractures (iii) | £7,880 to £10,660 | |
| Skeletal Injuries | Damage to Teeth -Significant | Up to £46,540 |
| Damage to Teeth (i) | £10,660 to £13,930 | |
| Facial Disfigurement | Significant Scarring | £11,120 to £36,720 |
| Less Significant Scarring | £4,820 to £16,770 |
Can I Claim Back Lost Earnings When I Sue A Dentist?
Yes, if you lost out on earnings because of the harm you suffered, then you could potentially claim them back when you sue a dentist. These kinds of losses fall under special damages, which covers the financial impacts of the harm you suffered.
For example, this heading may also cover the cost of:
- Dentures
- Further dental treatment
- Prescriptions
- Childcare
- Counselling
These are only a few examples of the kinds of costs that could be covered by a dental negligence claim. Contact our team today to learn more.
Make No Win No Fee Dental Negligence Claims
So, now that you know more about how to sue a dentist and why you should make a dental negligence claim, you might be wondering why we recommend working with a solicitor.
You aren’t legally required to claim with a solicitor, but it’s highly encouraged. This is because a solicitor already has years of knowledge, experience, and training to help you through the claims process.
Our team of expert dental negligence solicitors can talk you through the process of suing the dentist with patience, respect, and sensitivity. They can help you collect evidence to support your claim, prepare the case in the event it goes to trial, and explain any legal jargon that you don’t understand.
Plus, they can do all of this on a No Win No Fee basis. Our solicitors work under the terms of a Conditional Fee Agreement (CFA), which means that you get all of these specialist services without:
- Paying for them upfront.
- Paying for them as the claim is ongoing.
- Paying for them at all if your claim fails.
If you make a successful claim with one of our specialist solicitors, they’ll take a small success fee from your compensation. This is legally-capped, and taken as a percentage.
Contact Us
Our team of advisors are here to help. They can provide a free evaluation of your claim, and answer any questions you might have about claiming dental negligence compensation. Get in touch today to learn more by:
- Calling us on 0800 073 8804
- Starting your claim online
- Using the live chat feature
Frequently Asked Questions (FAQ)
This section includes answers to questions we’re commonly asked about dental negligence compensation claims.
How can a dentist be negligent?
A dentist can be negligent in various ways, such as carrying out surgical errors, misdiagnosing conditions or giving you the wrong medication. The severity of the mistake and your subsequent injuries could affect the amount of dental compensation you could receive.
Can I sue a dentist for negligence?
If you have evidence to prove that you sustained additional harm or harm that could have been avoided due to a dentist acting negligently, you may be eligible to seek compensation. You must be able to show that the harm you sustained was caused by a dentist providing you with a level of care that fell below a standard that could be reasonably expected.
If you hold a valid claim, dental negligence solicitors could help you take steps to seek the compensation you deserve.
How much compensation for a wrong tooth extraction?
You could claim dental compensation If your dentist pulled the wrong tooth. However, you may be wondering how much compensation for wrong tooth extraction you could receive.
The value of any personal injury claim depends on a variety of factors. For instance, some injuries may cause a greater level of pain and suffering than others. In the context of dental claims, the deciding factor could be something such how many teeth were removed, or which teeth in particular.
As well as physical discomfort, the effect on a claimant’s mental health is also accounted for when dental compensation is being calculated. Additionally, certain factors such as a claimant’s line of work may be considered. For example, they be an actor or model. Unnecessary or incorrect tooth extraction could mean they are then unable to work in the field any longer, leading to a loss of earnings.
To find out more, please get in touch with our advisors.
What Is The Process Like For Suing A Dentist?
When it comes to suing a dentist, the claims process can be relatively straightforward.
If you’re organised and retain evidence, you simply need to speak with a solicitor who specialises in this kind of work, like ourselves. They’ll then present the claim to the defendant and try to negotiate a settlement.
Through the dental negligence claims process, your solicitor should inform you of developments and take your instructions on what you’d like to do, such as when an offer of settlement is received.
You will likely have to attend an appointment with a medical expert, arranged by your solicitor at a time of your choosing. This is so you can obtain evidence to help prove that the dentist was in fact negligent.
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