If you have suffered a dental injury as a result of a dentistry mistake or poor treatment during surgery, then you may be entitled to support and dental negligence compensation for the pain and suffering you have experienced. Our expert team of dental negligence solicitors can help you. 

You can claim compensation if you have suffered from a negligent dental procedure. This can help you cover the costs of any specialist treatment you may need. This can ultimately help you to make a quicker recovery following your injury.

We understand that experiencing harm due to dental negligence can be distressing and can impact your life significantly. Our dental negligence solicitors can help to guide you with your dental negligence claim and get you the compensation you deserve.

What is dental negligence?

Dentists have a duty of care to their patients, and dental negligence occurs when a dentist does not provide a reasonable level of care. This can lead to injury, harm or a worsening of their dental condition. It occurs when the dental professional does not meet the accepted standard that a competent practitioner would adhere to in similar circumstances.

Dental negligence can take various forms, including if a dentist failed to diagnose and treat gum disease, improper administration of anaesthesia, faulty dental procedures, failure to obtain informed consent, inadequate post-operative care, and inappropriate dental advice or treatment planning. These instances of negligence can lead to severe pain, infection, loss of teeth, nerve damage, disfigurement, and other long-lasting consequences for the affected patients.

It is important to note that not all unfortunate outcomes or complications in dental treatment necessarily indicate negligence. Sometimes, despite the dentist’s best efforts, unexpected complications may arise. Dental negligence requires demonstrating that the medical professional’s actions fell below the accepted standard of care and directly caused harm to the patient.

What are some common injuries seen in dental negligence claims?

Dental negligence claims often arise when a patient suffers harm or injury due to a dental professional’s failure to provide the standard of care expected in the profession. Some common injuries that form the basis of dental negligence claims include:

Nerve Damage

• Symptoms: Persistent pain, tingling, or numbness, usually in the tongue, lips, chin, or jaw.
• Cause: Can result from improper tooth extractions, particularly wisdom teeth, or poorly administered local anesthetic.

Tooth Damage

• Symptoms: Cracked, chipped, or fractured teeth.
• Cause: Improper use of dental instruments during procedures like fillings, root canals, or crown placements.

Infection

• Symptoms: Swelling, pain, fever, and pus.
• Cause: Poor hygiene practices, improper sterilization of instruments, or failure to detect and treat an existing infection.

Failed Dental Procedures

• Symptoms: Persistent pain, loss of function, or worsening of the original condition.
• Cause: Inadequate or improper procedures, such as botched root canals, poorly fitted crowns, or improperly placed implants.

Gum and Soft Tissue Injuries

• Symptoms: Pain, swelling, bleeding, or permanent scarring.
• Cause: Accidental cuts, burns from dental instruments, or chemical burns from materials used in procedures.

Bone Damage

• Symptoms: Pain, swelling, difficulty in jaw movement.
• Cause: Mistakes during tooth extraction or implant procedures can lead to fractures or other injuries to the jawbone.

Failure to Diagnose or Treat

• Symptoms: Progression of dental conditions like cavities, periodontal disease, or oral cancer.
• Cause: Failure to diagnose or delay in diagnosing these conditions can lead to more severe complications.

Anesthetic Complications

• Symptoms: Allergic reactions, nerve damage, or even systemic complications.
• Cause: Incorrect administration of local or general anesthesia, failure to consider patient history, or using contaminated anesthetic.

Cosmetic Damage

• Symptoms: Aesthetic issues like discolored teeth, uneven teeth, or poor alignment.
• Cause: Negligence during cosmetic procedures such as veneers, bonding, or whitening treatments.

Loss of Teeth

• Symptoms: Missing teeth, misalignment, or loss of bite function.
• Cause: Improper extractions, failure to properly treat or preserve teeth during a procedure.

All of these injuries can lead to significant physical discomfort, emotional distress, and financial burden for the patient, often leading them to pursue legal action against the dental practitioner or clinic. If you have suffered an injury as a result of negligent dental care then please do not hesitate to get in touch with our team at Beacon Law to start your claim today.

What is the process of making a dental negligence claim?

Making a dental negligence claim typically involves several steps. Here is a general overview of the process:

1. Gather evidence: Start by gathering all relevant documents and evidence related to your dental treatment. This may include dental records, X-rays, medical reports, and any correspondence with the dental practitioner or clinic.
2. Consultation with a dental solicitor: It is advisable to seek legal advice from a dental negligence expert who specialises in medical or dental negligence. They will assess the merits of your case and determine if you have grounds for a claim.
3. Letter of claim: If your dental negligence solicitor believes you have a valid case, they will draft a formal letter of claim. This letter outlines the details of your case, including the allegations of negligence and the harm caused. The letter is sent to the dental practitioner or clinic, who then has a fixed period to acknowledge receipt and respond.
4. Obtaining expert opinion: To strengthen your claim, your dental negligence solicitor will usually seek an independent expert opinion from a dental professional who may carry out an independent medical assessment. The expert will review your case, your past medical records and provide an opinion on whether the dental treatment fell below the acceptable standard of care.
5. Negotiations and settlement: Once the dental practitioner or clinic have responded to the letter of claim, negotiations may begin. The parties involved will exchange information, and there may be discussions regarding liability and potential compensation. In some dental negligence cases, the parties may agree to settle out of court, reaching a financial settlement.
6. Court proceedings: If a settlement cannot be reached, your solicitor may initiate court proceedings on your behalf. This involves filing a claim with the court, and the case will proceed through various stages. This will include disclosure of evidence, witness statements, and expert testimony. The court will ultimately decide whether negligence occurred and the appropriate compensation if the claim is successful.

Consulting with qualified dental negligence solicitors is crucial to understanding the legal requirements and procedures involved in proving dental negligence and successfully making a claim.

What are the time limits to making a claim?

In the UK, there are certain time limits for filing a claim for dental negligence. These time limits are referred to as “limitation periods.” Starting a claim must be done within these limitation periods. These time limits are set by legislation and are intended to ensure that claims are brought forward in a timely manner.

The general time limit to file a claim for dental negligence is three years from the date when the negligent incident occurred or from the date when you first became aware that the injury or harm was a result of dental negligence.

If the claim involves a person who was under 18 years old at the time of the negligence, the three-year limitation period begins from the date of their 18th birthday. In other words, they have until their 21st birthday to initiate a compensation claim.

It is also worth noting that if the individual who suffered dental negligence lacked mental capacity at the time of the incident, there is no limitation period for starting a claim. The three-year limitation period for compensation for surgical errors would only apply if the person regains mental capacity.

How much compensation could you receive?

The amount of compensation awarded for dental negligence can vary significantly and depends on various factors specific to each case. Compensation for dental negligence typically falls into two categories, general damages and special damages.

General damages refers to compensation awarded for the pain, suffering, and loss of amenity caused by the surgical negligence. Special damages aim to compensate for the financial risk you have been put in due to the medical negligence. This may include medical expenses, rehabilitation costs, loss of earnings of earning capacity, travel expenses and ongoing care or support needs. The actual amount awarded will be based on the specific financial losses incurred and the projected future expenses.

How can Beacon Law assist?

Beacon Law is a specialist personal injury solicitor with ample experience of dealing with no win no fee personal injury claims. Our dental negligence solicitors provide an exceptional standard of service to our clients. We work tirelessly to ensure we achieve the best possible outcome and highest level of compensation for your injuries.

Beacon Law is authorised and regulated by the Solicitors Regulation Authority. To find out more about our no win, no fee dental negligence claims, please have a look at the funding section on our website.

If you are looking for more information surrounding dental negligence claims or making claim on a a no win no fee basis, then please contact us today on 0330 1332 857. Alternatively, you can complete our contact form at the top of the page to request a call back from a member of our team.