Dental Negligence

Dental negligence, which is also referred to as dental malpractice, is the term given when an avoidable injury was caused by a dental professional who did not provide proper care. Any case involving a poor standard of service on the part of a dentist, which has resulted in avoidable harm for a patient, can lead to a dental negligence compensation claim.

Your dental negligence claim can be made if you have sustained any type of personal injury, which can include psychological suffering or financial loss, as well as physical injury as a result of a dentist’s negligent work.

Some examples of dental medical negligence include, but are not limited to:

• Misdiagnosis or delayed diagnosis that leads to the incorrect treatment or the worsening of a condition
• Negligent dental treatment, including substandard work, incorrect placement of implants, improper tooth extraction or other inadequate treatment
• Anaesthetic errors
• Infections and cross-contamination due to poor sterilisation and negligence
• Failure to obtain informed consent – where a dentist does not properly inform a patient of the risks they face
• Orthodontic negligence, such as misplaced braces or a lack of monitoring of treatment progress
• Negligent treatment of gum disease
• Negligent management of medical conditions, including pre-existing conditions

If you have experienced any of the above and have suffered because of it, you are entitled to make a dental compensation claim and you should speak to one of our personal injury experts as soon as it is possible for you to do so.

You may be eligible to make a dental negligence claim if you have suffered harm due to a dental professional’s substandard care. As per UK law, dentists and other healthcare providers have a legal duty of care to their patients.

1. Breach of duty: you need to prove that the dental professional breached their duty of care. This involves showing that the treatment or care you received fell below the standard expected of a reasonably competent dental professional in similar circumstances. This could be through an action, such as a surgical error, or through inaction, such as a failure to diagnose a condition.
2. Causation: you must also prove that the breach directly caused you harm or loss. This harm can be physical, such as pain, injury, or worsening health, or it can be psychological, such as distress or anxiety. You may also claim for financial losses, such as loss of earnings or extra costs incurred due to negligence.

However, not every unsuccessful treatment or unsatisfactory outcome will amount to negligence. The law recognises that even with the best care, procedures can sometimes fail, or outcomes may not be as expected. To have a valid dental negligence claim, you must be able to demonstrate that the standard of care you received fell below that expected of a reasonably competent professional in the same field and that this has directly caused your injury or loss.

When you decide to make a dental negligence compensation claim, the first step is to contact Ramsdens to schedule an initial consultation. During this consultation, our team will listen to your case, gather relevant details and assess the viability of your claim. We understand that every case is unique, so we take the time to understand your specific situation and provide personalised advice.

Once we have agreed to take on your case, our solicitors will begin the process of gathering evidence to support your dental negligence claim. This may involve obtaining dental records, X-rays, photographs, medical reports, and testimonies from dental experts or witnesses. Gathering strong evidence is crucial in building a compelling case and establishing the negligence that occurred.

To strengthen your claim, we will consult with independent dental experts who can evaluate your case based on their professional knowledge and experience. These experts will provide opinions regarding the negligence that occurred and its impact on your oral health. Their assessments will support your claim and help determine the appropriate level of compensation you may be entitled to.

Once all the necessary evidence has been gathered and assessed, our solicitors will inform the dental practitioner or institution responsible for the negligence that a claim is being made against them. They will then have a specific timeframe to respond.

Negotiations and settlement discussions will follow the response from the defendant. We will negotiate with the other party and their legal representatives, aiming to reach a fair settlement that compensates you for your losses and suffering. Throughout this process, we will keep you informed and provide guidance on accepting or rejecting settlement offers based on our expertise and your best interests.

If a settlement cannot be reached through negotiations, Court proceedings may become necessary. In such circumstances, your solicitors (and where appropriate, an appointed barrister) will present your case before a Judge.

The length of time it takes to settle a dental negligence claim can vary significantly depending on a number of factors. On average, such claims may take between 18 months to three years, but this can change depending on the specifics of your case.

Factors influencing the duration of your claim may include:

• Complexity of the case: more complex cases, where the negligence is not immediately clear or the injuries are severe, might require more investigation and expert evidence. This can lengthen the process
• Response from the other party: if the dentist or their insurance company admits liability early on, the process can be quicker. However, if disputes arise, this can prolong the case as further investigations may be required
• Medical evidence: it is often necessary to wait until your injuries have stabilised before a comprehensive medical prognosis can be given. This allows us to accurately assess the full extent of your injuries and the future impact on your life
• Negotiations: reaching a settlement agreement can sometimes take time, especially if there are disputes about the value of the claim

We always strive to resolve dental negligence claims as swiftly as possible, but our main priority is to ensure that we secure the maximum compensation that you deserve.

All of our dental negligence claims are handled on a no win, no fee basis. Our primary aim is to support you and ensure you get the compensation you deserve without financial risk.

‘No win, no fee’ is a term commonly used to describe what is technically known as a Conditional Fee Agreement (CFA) – an arrangement between the client and the solicitor that stipulates that the client will not have to pay their solicitor’s fees if their compensation claim is unsuccessful.

The primary advantage of a no win, no fee agreement is that it allows individuals access to justice without the immediate worry of legal costs. It means that if you do not win your case, you will not have to pay your solicitor’s fees, providing a safety net and peace of mind.

If your claim is successful, your solicitor’s fees will typically be recovered from the other party. However, a success fee may be deducted from your compensation. This fee will be a percentage of your compensation and is capped by law. All these details will be outlined clearly in your CFA before proceeding with your claim.

Before initiating your claim, we will explain everything about our no win, no fee policy, ensuring you understand the process, any potential costs and what compensation you might be entitled to.

Find out how much your claim could be worth here – How much compensation can I claim for a personal injury?

If you have suffered a nerve injury following dental surgery, you may be eligible to claim compensation for the harm you have endured. Nerve injuries can occur as a result of dental procedures such as tooth extractions, implant placements, or other invasive treatments. These injuries can lead to significant pain, numbness, tingling sensations, loss of sensation, or even loss of motor function in the affected area.

To determine whether you have a valid claim for compensation, it is advisable to consult with experienced solicitors who specialise in dental negligence cases, such as Ramsdens Solicitors. During an initial consultation, our solicitors will evaluate the specific circumstances of your case, including the nature and extent of the nerve injury, the cause of the injury, and any resulting physical or emotional consequences.

If it is established that the nerve injury was a result of negligence on the part of the dental practitioner or healthcare provider, you may have grounds for a compensation claim.

If your dentist or healthcare provider has failed in their duty of care by misdiagnosing or delaying the diagnosis of your oral cancer, you may be eligible to claim compensation.

Such negligence could take various forms, including:

• Failure to conduct a proper examination
• Failure to recognise the symptoms or signs of oral cancer
• Delay in referring you to a specialist for further investigation
• Misinterpretation of biopsy results

The impact of oral cancer misdiagnosis or delayed diagnosis can be severe, resulting in the need for more extensive treatment, a worsened prognosis, or, in the worst cases, the disease becoming untreatable. If you have suffered as a result of this type of negligence, you are entitled to seek compensation.

If you or a loved one have suffered from oral cancer misdiagnosis, our expert team of solicitors is here to help. Get in touch with us today to discuss your case in a free, no-obligation consultation.

Cosmetic dentistry, like any other dental practice, comes with a professional obligation to maintain a high standard of care. If a cosmetic dental professional fails in this duty, leading to harm, injury, or financial loss, you may be eligible to make a claim.

In the realm of cosmetic dentistry, negligence could occur in a variety of situations such as:

• Substandard care leading to unsatisfactory results or complications. This could involve procedures like veneers, crowns, implants, bridges, or teeth whitening
• Failure to properly inform you about the risks or alternatives associated with a procedure
• Misdiagnosis or failure to appropriately treat a dental issue before proceeding with cosmetic treatment
• Causing unnecessary pain or damage during a procedure, for example, damage to healthy teeth or gums
• Post-procedure complications arising from inadequate aftercare advice or support