How to Prove Dental Malpractice

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 can help you with your dental negligence compensation claim.

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 want to ensure you receive legal guidance by pairing you with knowledgeable dental claims solicitors. Accordingly, the solicitors will represent your case on a No Win No Fee* basis. We work with solicitors who have the relevant skills and expertise to represent the claimant. We also understand the case is, ultimately, about the victim and the changes that have been put upon them through negligent dental care.

*No Win No Fee: Typically, customers pay 25% including VAT of the compensation amount that is recovered by our third-party law firms, although this is subject to your individual circumstances and the actual fee may be more or less than this. Termination fees may apply if you do not keep to the terms of the agreement.

Moreover, our solicitors have extensive experience in all types of dental claims. In addition, their goals are to uphold high customer care standards and support our clients, as well as helping you through the process of making a claim.

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 may be able to 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 after suffering from dental malpractice.

In essence, some types of dental negligence can include the following:

• Extracting the wrong tooth.
• 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.

Dental Misdiagnosis

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 been given enough information about the risk of gum disease or given further treatment.

We can help you with your claim for dental malpractice through a misdiagnosis. Our law firm partners are authorised and regulated by the Solicitors Regulation Authority, registered in England and Wales.

Dental Error

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 can assist with an array of dental claims relating to dental error.

Poor Technique

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 may 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 and the solicitors we work with may be able to help you make a compensation claim.

How Can We Help with Dental Negligence Claims?

The solicitors we work with have experience handling dental negligence claims. It’s ultimately up to the claimant to prove their dentist was negligent, so they will work directly with you to realise the nature of your story. Then, they will use the knowledge of independent dental experts to help you make a compensation claim.

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 claim 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.

Your dental negligence solicitor will work diligently to obtain this information and create a robust application for compensation for you.

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 £2,690 and £4,820. Acute and ongoing conditions such as chronic tooth pain from an abscess can reach up to £46,540.

*Compensation values reflect figures produced in the Judicial College Guidelines (17th Edition), concern general damages (not special) and are solely for illustrative purposes. Compensation amounts vary and are subject to your individual circumstances.

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. Moreover, without a conditional agreement, you may face a hefty legal bill for both yours and your opponent’s legal costs.

Our partnered solicitors handle claims under a No Win No Fee* basis. If you win your claim then your opponent pays the majority of the legal costs and you pay them a success fee. You will not have to pay anything if your claim is unsuccessful.

*No Win No Fee: Typically, customers pay 25% including VAT of the compensation amount that is recovered by our third-party law firms, although this is subject to your individual circumstances and the actual fee may be more or less than this. Termination fees may apply if you do not keep to the terms of the agreement.

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 agents will ask you questions about the circumstances around your injury claim to see if we can help by connecting you to a partnered law firm to assist you further. In turn, the law firm will assess whether you have a potential claim. Whatever their recommendation, they will work with you so you can make the right choice.

If you decide to proceed, the solicitor we match you with will help you collect the evidence necessary to prove your claim. Then, they will 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, the solicitors we work with can advise on what a reasonable settlement is.

Contact The Medical Negligence Experts today for a free conversation 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.