Dental Negligence Claims: What You Need to Know

A smile is often considered one of the most powerful and captivating expressions we can share with others. Hence, it comes as no surprise that individuals pursue dental negligence claims when their treatment does not unfold as intended. Seeking dentist compensation, they aim to address the consequences of a dental procedure gone wrong.
In this article, we explain what Dental Negligence is, how to bring dental claims in the UK and how long a dental negligence claim typically takes!

What is Dental Negligence?

Dental Negligence refers to situations where a dental professional fails to provide the expected standard of care, often resulting in harm or injury to the patient. This negligence extends beyond dentists alone and includes hygienists and other dental personnel. The consequences can range from unavoidable complications to pain, suffering, and financial losses.

Common examples of Dental Negligence can include:

• Delayed or incorrect diagnosis
• Nerve injuries
• Cosmetic damage
• Inadequate follow-up care

How do I make a claim against my dentist for compensation?

If you have been a victim of dental negligence, you may be able to make a claim against your dentist for compensation. This includes dentists on the NHS. Making a claim against your dentist can be a long and difficult process, but it is important to be prepared to fight for your rights.

Here are four steps you should take before contacting a solicitor:

1. Obtain your dental records – This includes the treatment in which you experienced the negligence and the treatment to fix the negligence.
2. Gather any necessary information -This means ensuring you know the dental practice’s name, the dentist and the assistant who carried out your treatment.
3. Document any financial impact – You will need evidence of any financial loss due to the negligence. This includes if you had to miss any work resulting in a loss of income, any medication that you have had to pay for, and any journeys that you have had to make as a result of the negligence.
4. Contact a medical negligence solicitor – Once you have all of the evidence that you will need to bring a claim, it is important to contact a professional who will be able to help you bring a claim.

A solicitor will be able to advise you on whether you have a strong case and help you to make a claim. They will also be able to represent you in court if necessary.

It is important to act quickly if you think you have been the victim of dental negligence. There is a time limit of three years from the date of the negligent treatment to start a claim.

How long does a dental negligence claim take?

The length of time a dental negligence claim takes can vary depending on a number of factors, including the complexity of the case, the willingness of the dentist to accept liability, and the time it takes to gather evidence and obtain expert reports.

On average, dental negligence claims can take anywhere from 12 to 18 months to conclude. However, it is not uncommon for cases to take longer if there are complex legal issues involved or if the dentist disputes liability.

When should I make my dental negligence claim?

Typically, you have 3 years from the date of the negligence to bring a claim. If the patient is under the age of 18, it is possible for a ‘litigation friend’ to start a claim on their behalf. Or the patient has 3 years from their 18th birthday to start a claim. If the patient lacks mental capacity, a ‘litigation friend’ can start the claim at any time for them. However, if the patient regains mental capacity, they have 3 years from the date they regain capacity.

How can Taylor Bracewell help you bring a dental negligence claim?

Navigating the complexities of dental negligence claims and seeking the compensation you deserve can be a daunting task. That’s where our injury compensation team comes in. With our expertise and experience in handling personal injury cases, including dental negligence claims, we can provide invaluable assistance throughout the entire process.

Our team will guide you through the legal proceedings, ensuring that all necessary steps are taken within the required time limits. We will liaise with the responsible parties, negotiate on your behalf, and strive for a fair settlement that adequately compensates you for the harm, suffering, and financial losses you have endured.

Call our expert medical negligence team in Doncaster on 01302 341414 or our team in Sheffield on 0114 272 1884. Alternatively, you can fill out our online enquiry form.