How to Prove Dental Malpractice
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No Win No Fee Dental Medical Negligence Claims Solicitors
Being a private or NHS dental patient makes no difference to us. Either way, you deserve to receive a high standard of treatment and care. You should certainly not expect a negligent dentist to create a problem or make the condition of your teeth worse. Fortunately, we know how to prove dental malpractice for your negligence compensation claim.
Dental medical negligence claims are becoming an increasingly popular area for us. Due to our extensive experience, we have expertly settled many cases and delivered credible compensation.
Unfortunately, dental negligence can cause a patient avoidable pain and suffering. Indeed, many people can have a corrective treatment that leaves them with little or no side effects. But others can suffer injuries which cast a shade over the way they feel about themselves.
Seek Compensation for All Types of Dental Claims
Want to see how to prove dental malpractice in your dental treatment?
The Medical Negligence Experts will ensure you receive legal guidance by knowledgeable dental claims solicitors. Accordingly, they will represent your case on a no win no fee basis. Our business is built on knowing the importance of two critical components.
- Having the relevant skills and expertise to represent the claimant for any legal actions.
- Understanding the case is, ultimately, about the victim and the changes that have been put upon them through negligent dental care.
Moreover, our solicitors have extensive experience in successfully securing compensation for all types of dental claims. In addition, our goals are to obtain maximum compensation for you. However, we also to uphold high customer care standards and support our clients.
How to Prove a Dental Malpractice UK Claim
The following examples of dental negligence will only cover the most common reasons clients ask us for help. However, you can claim against a dentist if any treatment causes avoidable pain or injury, even if it’s not below. Moreover, we’re here to help you learn how to prove dental malpractice.
In essence, some types of dental negligence can include the following.
- Extracting the wrong tooth is a particularly glaring example.
- Poor quality products and incorrect techniques used in a tooth whitening process.
- Not extracting a decayed tooth which leads to further decay.
- Incorrectly conducting anaesthesia.
- Causing nerve damage during a surgical process.
- Inserting crowns and/or fillings poorly.
- Not diagnosing and treating gum disease.
- Failure to diagnose and refer suspected cases of oral cancer.
- Errors in interpreting dental x-rays and test results.
- Negligent orthodontic treatment situations.
- Dental implant negligence.
- Negligent root canal treatment.
- Negligent wisdom teeth extraction.
- Undiagnosed periodontal disease.
Incorrect diagnosis or delays in identifying a condition can cause immutable damage. For example, if a negligent dentist does not identify a treatable condition like gingivitis. In turn, that can weaken the patient’s gums; they’ll be unable to hold even perfectly healthy teeth long term.
Patients are responsible for maintaining good dental hygiene with regular brushing at home. However, they may have cause to make a claim against a dentist. In short, they may not have enough information about the risk of gum disease or given further treatment.
We can advise you on how to prove dental malpractice through a misdiagnosis. Our law firm partners are authorised and regulated by the Solicitors Regulation Authority, registered in England and Wales.
To prove dental malpractice, it’s important to know that even the most skilful dentists make mistakes. For instance, there might be legal grounds for dental negligence compensation by showing the following.
- First, the dentist hasn’t taken reasonable precautions to protect their patients from this risk.
- Second, a patient suffers an injury as a result.
Avoidable dental errors can include (but are not limited to) the following examples.
- Extracting the wrong tooth;
- Exposing the root after root canal surgery, or;
- Harming healthy teeth while treating damaged ones.
The Medical Negligence Experts assist with all types of dental claims relating to dental error for maximum compensation.
Regarding technique, the dentist’s skills and the quality of the products they use will affect the results of surgery.
- Expensive veneers with poor application.
- Not preparing a cavity correctly before filling it
- Failing to adhere bridges and crowns adequately
These examples can all leave a patient requiring further treatment, thus forcing a longer recovery time than should have been necessary.
A recent case featured a man who consents to extensive dental work, including a non-removable implant denture. However, his dentist fit in removable denture support. The patient was made to wait, however. The damage caused by the incorrect surgery needed to heal before he underwent further surgery to have the correct support fitted.
The dentist was found to have been negligent for using the wrong type of implant.
Lack of Informed Consent
Every medical practitioner is responsible for obtaining informed consent from their patient before carrying out any procedure. Consent is more than getting their signature. It’s also about making sure a patient understands the risks and possible outcomes of the treatment. Moreover, the patient needs to be told of the details of any alternative therapies.
Not obtaining informed consent can be grounds for a valid compensation claim. Particularly if the surgery yields unwanted results for the patient (even if the practitioner knew they were a possibility).
Experience any of the malpractice examples above in your dental treatment? The Medical Negligence Experts dental claims solicitors can assist today.
How Can We Help with Dental Negligence Claims?
Our team of solicitors has experience handling dental negligence claims. It’s ultimately up to the claimant to prove their dentist was negligent.
So we’ll work directly with you to realise the nature of your story. Then, we’ll use the knowledge of our independent dental experts to advise whether your claim is likely to be successful.
Dental Negligence Claims FAQ
It’s natural that you may have a list of questions that need to be answered. Here are some of the more common queries we receive and their answers.
Can I make a dental claim?
Two key criteria need to be met to have legal grounds to ask for compensation.
- First: that you have been hurt or are coping with a personal injury.
- Second: that your injury was avoidable, yet the cause was by human error or procedural shortcomings.
Your dental practitioner might take all reasonable steps to avoid the injury. Or you might receive negligent treatment that doesn’t cause harm you. In these cases, it’s unlikely you can claim compensation.
What evidence do I need for a dental claim?
As the claimant, it is your role to show your dentist’s breach of duty of care. Ergo, you suffered a personal injury as a result. They agreed to undertake a duty of care when they accepted you as a patient. Your dental records can also help support your dental negligence claim.
An independent dental expert can then provide a report showing the extent of your injury and likely prognosis. Other evidence which can be used to support your claim includes the following.
- Photographs of your injury.
- A personal diary of how you feel and how your injury affects you on a day to day basis.
- Records of phone calls and correspondence between you and your dentist.
- Plus, taking down any relevant witness statements.
As your dental negligence solicitor, we work diligently to obtain this information and create a robust application for payment for you. The better you prepare your initial application, the smaller the likelihood that the other party will contest it. As a result, the more favourable the outcome of your claim will be.
Can I claim for dental negligence if I had treatment on the NHS?
It is possible to claim compensation if you have suffered due to negligent treatment from either an NHS dentist or private practice. The difference in claiming from the NHS is that they have a particular organisation that handles all their compensation claims.
Moreover, they have a well-defined complaints process. You can raise a complaint and a compensation claim separately. Depending on the findings of the complaint investigation, you may have more evidence to support your claim.
What does dental compensation pay for?
Dental compensation covers general damages together with special damages. General damages account for physical pain and suffering. Panels heavily consider the nature and prognosis of your injury; industry-standard guidelines help them reach a fair figure.
Special damages address the financial cost of your damage. Have you lost income because you have had to take longer than expected off work for corrective treatment and recovery? Have you spent any money on prescription costs or independent dental assessment or treatment, and did you incur an expense?
How much will I receive for my dental negligence claim?
The amount of compensation you receive for your dental claim depends heavily on:
- First, the types of injury you sustain.
- Next, your prognosis for a full recovery from the injury.
- Finally, any other costs you incur as a result of the injury.
It’s not possible to advise a specific amount at the start of your claim. However, your lawyer can give you a better approximation as the details of the case become clearer.
For example, the loss of a front tooth is typically between £1,800 and £3,300. Acute and ongoing conditions such as chronic tooth pain from an abscess.
By contrast, even a visible nerve could result in more than £10,000 being paid. These guidelines are the industry standard of care. As such, they’re subject to regular review by Judicial College to ensure they are relevant.
What is a No Win No Fee dental claim?
No Win No Fee* dental negligence claims minimise any financial risk that comes from making a claim. We will never guarantee a claim will have a positive outcome. Moreover, without a conditional agreement, you may face a hefty legal bill for both yours and your opponent’s legal costs. Ouch.
At The Medical Negligence Experts, we handle claims under a No Win No Fee* basis. If you win your claim then your opponent pays your legal costs and you pay us a success** fee. You will not have to pay us a penny in legal fees if your claim is unsuccessful.
Even better, an insurance policy covers your opponent’s legal costs. We can help you secure an After The Event policy (ATE) if you don’t have one already. No Win No Fee dental claims are a strong way to access quality legal support without facing financial hardship.
Our medical negligence solicitors will only agree to represent you on a No Win No Fee basis on one condition:
That they believe there is a good chance your claim will be a success. Trust that they’ll seek maximum compensation for you, because their payment rests on the success of your claim.
How does a dental negligence claim work?
The first step in your successful compensation claim for dental negligence is to contact The Medical Negligence Experts. One of our advisors will ask you questions about the circumstances around your injury claim. They will then pair you with a solicitor who will, in turn, assess whether, in their dental professional opinion, there are good prospects of success. Whatever their recommendation, we’ll work with you so you can make the right choice.
If you decide to proceed, we will help you collect the evidence necessary to prove your claim. Then, we’ll request your practitioner accepts responsibility and pay an appropriate amount of compensation. The majority of dental negligence cases settle without going to court.
There is usually some negotiation around the amount of compensation. However, our capable lawyers can advise on what a reasonable settlement is. Because we account for your injury and compare it with previous cases. Then, we can recommend if it’s in your best interests to settle or refer the matter to the courts.
Contact The Medical Negligence Experts today for a free consultation about your dental malpractice case with no obligation. We can assist with any initial question you have about applying for compensation. The sooner you start the sooner you could receive the rehabilitation and financial support you deserve.
**This fee is a percentage of compensation both sides agree on at the start of your application.