Our solicitors deal with dental negligence claims. We work to get you the highest compensation possible. Whether you win or lose the case, you will not have to pay any legal fees. If you should lose the claim, then you will not be liable for the costs of the other side. Legal Aid may also be possible in the case of children or those on benefits.
If you believe that you have a claim relating to dental negligence, please contact us right away to speak to one of our dental negligence solicitors, without any charge or further commitment. They can then have a in depth discussion with you about your particular case and will advise you on your options and if your claim is viable, the level of financial award you would be eligible to receive. It is important to be mindful of the fact that there is a limited amount of time in which you can pursue a claim which is three years in the case of adults.
To make a successful negligence claim, it must be shown that the dentist's treatment was not lower than which is deemed to be an acceptable level. Further, if the dentist had the option of various different treatment methods, as long as there is substantial support for the one decided on, from others in the profession, then your dentist would not be regarded as negligent if the treatment chosen was not successful, even though another choice may have been more beneficial.
The potential award for dental negligence is based on various factors. These include: any long-term consequences, the recovery period and the seriousness of the injury. Claims for compensation for dental negligence are made via a lawyer who is obliged to put forward a medical report which has been drawn up by a specialist consultant dentist qualified in the appropriate field. This is then forwarded to the lawyers who are working for the alleged negligent dentist's insurance company.
If negligence is admitted by the dentist in question, then there is a negotiation between both parties (the solicitor acting for the patient, and the one acting for the dentist's insurance company), on how much the award should be. If however, the dentist denies any wrongdoing, then the matter will be taken to court and will be heard by a judge who ultimately determines liability and any award of compensation.
There are different forms of compensation that can be included in a settlement for personal injury. These include: pain and suffering, loss of income, other expenses and the cost of further dental work to ameliorate the issue.
A dental negligence compensation claim solicitor deals with applications for damages against healthcare professionals for personal injury and loss caused as a result of erroneous clinical treatment or late diagnosis. It is to your advantage, in order to preserve your legal right to compensation, to make contact with a dental negligence solicitor as soon as possible after the event that caused the injury.
Due to the legal time limits which apply to making a personal injury compensation claim you should not delay phoning our dental negligence solicitors. One of our specialist solicitors will discuss your case in detail, without any charge or commitment on your part. If we believe that the claim is viable, you will be given an idea of the potential settlement you could achieve there and then.
People go to the dentist for many reasons, including filling a cavity, to take care of periodontal disease, to take care of a broken tooth, and for other reasons. Most of the time, the dental procedure turns out alright and the patient is left happy with the outcome. Other times, the procedure is not what the patient expected and the outcome is not what the patient expected. Dental patients pay a great deal of money for their care and often must pay out of pocket and the prices are exorbitant.
There are various things that can happen to a person who seeks out dental advice. They could have dental anesthesia that doesnt work or that damages the nerve. Local injection into the nerve can damage the nerve, resulting in permanent numbness to the affected area, which is usually the entire side of the mouth on the upper and lower aspect of the mouth. It can affect chewing, facial sensation and can damage the inside of the mouth due to biting the inside of an anesthetized mouth.
The cavity filling procedure can go wrong. For example, the procedure can be extremely painful due to lack of proper anesthesia. The filling can be incorrectly done so that infection sets in or the filling can be too high resulting in an unusual bite and mouth pain after the procedure. The filling can have sharp edges that cut the tongue.
If a person has a tooth fracture, it can come from a dental filling that was too big, giving too little support on the sides of the tooth so that the supportive side gives way, necessitating a crown to be placed on the tooth. This can easily cost between $600 and $1000 to do. The patient is not only out the money he or she paid for the cavity in the first place but must pay for the crown to fix the problem that was the dentists problem originally.
Root canals can be problematic as well. Root canals can be extremely painful from a lack of anesthesia and can fail. In other words, the dentist often must look for all four roots of a molar and clean it out before applying a crown. If the dentist was unable to find and clean out all of the roots, the problem of periodontal disease can persist and the dentist will have to pull out the offending tooth. This costs money plus the dentist will need to put in a bridge or an artificially implanted tooth, which is extremely costly.
Crowns and veneers can be negligently installed. A crown or venneer is usually a gold or porcelain artificial tooth piece that is used whenever a simple filling will not suffice. They are tricky to prepare and must match the bite surface of the affected tooth exactly. If this is not done correctly, the bite will be off and there can be chronic dental pain, jaw pain and headaches.
Some dentists treat periodontal disease with root canals and antibiotics. When antibiotics are used, the dentist must be aware of any allergies to antibiotics the patient has. If the dentist gives the patient an antibiotic he or she is known to be allergic to, then there can be serious side effects from the allergic reaction. In addition, the periodontal disease might not be treated properly, leading to heart disease in high risk patients and the prospect of tooth extraction if the antibiotic was the inappropriate choice.
Some people go to the dentist for cosmetic reasons like dental veneers or dental implants. This can go wrong if the patients expectation of their appearance turns out not to be what it was that they expected. Cosmetic dentistry relies on careful work and knowledge of what looks good on a person so that it has many areas that can go wrong.
What are the common dental procedures?
Dental procedures are done by dentists, dental surgeons or oro-facio maxillary surgeons. These procedures are costly and if not done properly it can lead to damage to teeth and oral tissues. Commonly done dental procedures are;
Dental extractions Removal of teeth from dental socket in alveolar bone.
Dental filling and repairs Removal of decayed portion of the tooth and fill the area with a filler or if a tooth is chipped or cracked, repairing the lost portion with a filler. The most common filling material is amalgam.
Bonding Repairing of teeth which is cracked or decayed with a tooth coloured resin (a durable plastic material). Once this is applied and hardened with a special light, it bonds the resin to the tooth to restore the damaged part.
Bridging A bridge is made by a false tooth which is suspended between two crowns of natural teeth on either side. This is done if a tooth is lost.
Dental implants It is a surgical component that interferes with the jaw bone to support a dental prosthesis. It acts as an orthodontic anchor. Implants are more expensive than bridging or dentures.
Braces Braces align and straighten teeth and support to position them with regard to a persons bite and improving the appearance and smile. Braces are commonly made of metal, ceramic or plastic.
Crowns or caps It is a tooth shaped covering that covers the entire tooth surface and restores its original size and shape, which improves its appearance. Crown is made out of porcelain.
Dentures These are also called false teeth which are prosthetic devices constructed to replace missing teeth. They are supported by surrounding tissues of the oral cavity. While conventional dentures can be removed, nowadays dentures are permanent and non-removable. Dentures are custom made by using impressions from your gums.
Gum surgery Gum surgery is done to reinstate the health of gums. It is also done to improve the smile cosmetically.
Wisdom tooth removal When the wisdom teeth are impacted (emerge at an angle or get stuck), they need to be removed. This is commonly done under general anaesthesia.
Root canal treatment When the nerves and blood vessels at the center of the tooth (root canal) become infected, this is done to remove all infected parts and seal the tooth with a filling or a crown.
Additionally teeth whitening procedures, scaling and polishing are common popular procedures. Teeth whitening use bleaching to make your teeth look whiter and brighter. Latest procedures like LASER whitening and power whitening are becoming more popular, which comes under cosmetic procedures.
Dental veneers These are new teeth facings which disguise a discoloured tooth. It is made out of porcelain and fitted over the front teeth.
What are dental emergencies?
Dental emergency is serious and it should be attended by a dental professional and treated immediately. If unnecessary delay occurs it can cause permanent damage.
1. Any dental problem that needs immediate treatment in order to save a tooth
2. Excruciating pain which needs to be stopped
3. If there is continuous bleeding from gums and tooth sockets which needs to be stopped immediately
4. If there is severe infection or an abscess in the mouth which can spread leading to septicaemia (Infection in the blood stream), that can be life threatening.
However emergency rooms in many hospitals do not have a dentist as ER staff. After providing adequate pain relief and necessary antibiotics, you may be requested to visit your dentist soon as possible. Ideally each person should have a dentist to go to, in an emergency.
Some examples of dental emergencies are;
Chipped, broken or knocked out teeth due to an accident
Bleeding from lips or tongue following a bad bite
Painful swelling of gums due to an abscess
What are the common types of Dental negligence?
Dental negligence is defined as avoidable injury caused by a dentist who fails to take proper care. It is also called Dental Malpractice. To sue a dentist for dental negligence, you should be able to prove that you suffered an injury as a result of a dentists provision of substandard care, to a jury or a judge.
Misdiagnosis of certain medical conditions Ex: Oral cancer or gum disease may be missed or wrongly diagnosed
Delayed diagnosis sometimes certain medical conditions like oral cancer or gum disease may be diagnosed later than expected. This unnecessary delay or misdiagnosis which delays timely intervention, can lead to spread of disease and even may be life threatening.
Wrong tooth extraction If the dentist is not careful, he or she may remove the wrong tooth by negligence. Although seems silly, this type of things can occur by mistake.
If the dental procedures are not done in a standard manner, it can result in damage to teeth and gums.
Ex: When fixing crowns, bridges and implants, if standards are poor, it may not fit well and can lead to injury to tissues of oral cavity.
Performance of unnecessary dental procedures If a tooth can be saved by filling, the dentist may extract the tooth without attempting a dental filling.
Not attending a dental emergency on time may lead to loss of teeth. If the emergency was dealt on time and in a proper manner, the tooth could have been saved. Failure to provide necessary dental care on time can be taken as dental negligence.
Spread of infection during the procedure due to improper hygienic practices and poor sterilization and disinfection of dental instruments.
Before any procedure explanation should be done to the patient regarding the risks and benefits and possible alternative treatments. Sometimes informed written consent should be taken before the procedure. If the risks are explained well, even if a complication occurs, the patient knows that it was possible and he may not take any legal action against the dentist if things go wrong. However if the patient was not explained regarding possible complications he can sue the dentist due to causing dental negligence.