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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.
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?
Dental negligence occurs when a dentist does not provide a reasonable level of care to a patient. 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 dental professional’s actions fell below the accepted standard of care and directly caused harm to the patient.
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:
- 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.
- 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.
- 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.
- Obtaining expert opinion: To strengthen your claim, your dental negligence solicitor will usually seek an independent expert opinion from a dental professional. The expert will review your case and provide an opinion on whether the dental treatment fell below the acceptable standard of care.
- 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.
- 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 case is successful.
Consulting with qualified dental negligence solicitors is crucial to understanding the legal requirements and procedures involved in making a dental negligence 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 a no win no fee agreement, 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.
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