Dental Negligence Claims
If you have received inadequate or negligence dental treatment, you may be entitled to make a dental negligence claim with the help of Tilly Bailey & Irvine Law Firm.
Personal Injury Calculator
Estimate what your No Win No Fee claim could be
Use our Personal Injury Calculator
Everyone wants to have a beautiful smile and healthy teeth. However, few people look forward to a trip to the dentist. Most dental treatments are performed with care and attention, and the patient is 100% happy with the treatment they receive.
However, on occasion a dental visit can be as bad as you feared, leading to a dental negligence compensation claim for painful, costly injuries.
Several things can go wrong when under the care of a dentist. The incorrect use of anaesthesia, a misdiagnosis, oversight when handling Dental Records or a crucial delay can have devastating effects.
At Tilly Bailey & Irvine Law Firm, we offer a range of legal services, including dental negligence claims. Our medical negligence team is lead by John Hall. As well as having years of experience running dental negligence claims , John is a panel member of Action Against Medical Accidents (AvMa) and a Senior Litigator with the Association of Personal Injury Lawyers.
We understand the impact a bad dental procedure can have on your self-esteem and quality of life. John and his team won compensation for many people who have suffered from dental negligence, and have a reputation for dealing with such cases in a professional, caring and competent manner.
What is dental negligence?
Dental negligence occurs when a dentist (or members of a dentist’s team) breaches their duty of care to a patient, resulting in injury.
A breach of duty is deemed to have occurred if the treatment of the patient was below what would normally be expected of a dental professional of similar experience.
Our experienced team of dental negligence solicitors will swiftly establish whether you have a claim for dental negligence. We base this on the facts you tell us and your medical records.
What constitutes dental negligence?
Many people are nervous about going for dental treatment before they even enter the surgery. Receiving an injury or suffering complications as a result of dental treatment can, therefore, be very traumatic.
The types of things that can go wrong when receiving dental treatment include:
- Failure to ensure the client is made aware of all the procedural and treatment options available to treat their issue;
- Negligently carrying out cosmetic procedures such as fitting crowns or bridges;
- Misdiagnosed or untreated gum disease
- Inadequate root canal treatment
- Being given too much anaesthetic or not enough
- Failure to provide adequate after-care
- Failure to diagnose oral cancer
- Incorrectly treating or failing to treat tooth decay
What is the time limit for dental negligence claims?
The Limitation Act 1980 states that there is a three-year limit for personal injury claims. This means you must make a claim for dental negligence within three-years of receiving the injury or the date you became aware dental negligence had resulted in you suffering a personal injury.
If a child is the victim of dental negligence, the three-year time limit starts running on their 18th birthday.
Because it is possible for a dental negligence claim to be time-barred, it is imperative that you contact our dental negligence lawyers as soon as you suspect you may be entitled to claim compensation.
How to claim for dental negligence
If you are a victim of dental negligence, you will need an expert dental negligence solicitor to advise and represent you.
Before John and his team commit you to the process of making a dental negligence claim, they will evaluate your case to ensure it has a strong chance of success.
If we believe you have a strong compensation claim, we will obtain the necessary expert evidence required to prove dental negligence. This may include an independent medical examination.
Most cases are settled outside of court, via negotiation and/or mediation. However, if we do need to go to court, we will often need to engage a barrister to draft the necessary documents. If the case is particularly complex, the barrister may need to meet with you and your solicitor to clarify some points.
An early offer to settle can be made by either party to a dental negligence case (known as a Part 36 settlement). Our solicitors will advise you as to whether you should accept an early settlement offer, based on their experience of what other cases similar to yours have settled for in the past.
How to prove dental negligence
To prove dental negligence, we may need to see your dental records, x-rays and organise for you to be examined by another dentist who can evaluate the damage you have received and then work out a treatment programme to fix it.
Your dental records will outline the diagnosis, course of treatment and procedures performed. In many cases, it quickly becomes apparent after examining dental records (or lack thereof) if dental malpractice has occurred.
If you have made previous complaints about your dentist in the past, please let our solicitors know.
Our dental negligence lawyers can also call on expert witnesses to testify that your dentist’s level of care fell below an acceptable standard.
No win no fee arrangements for dental negligence
As there is no longer any legal aid funding for personal injury claims, we offer no win, no fee arrangements (also known as conditional fee arrangements) for dental malpractice suits. If we cannot secure you compensation, you will not pay any legal fees (although you may be required to pay disbursements).
How long will it take to get compensation for dental negligence?
Like all medical negligence claims, dental malpractice claims can take a while to conclude. However, you can be positive that we will keep you updated on your cases progress any time developments occur and support you and your family throughout the duration of the claim.
To find out more about how we can advise you on a dental negligence claim, please call us on 0333 444 4422 to talk to one of our solicitors.