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Dental Negligence Solicitors - Medical Compensation Claim

Dentistry is one of the most demanding and meticulous of therapies. It requires a skill and care coupled with a steady hand, good quality x-rays and accurate communication between dentist and patient as to what the patient needs or wants. Dental negligence can occur in many different ways including the failure to recognize a problem, leaving it untreated and thereby causing the problem to worsen over time. It can also occur in "over treating" of a "problem" that does not exist and treating it unnecessarily. It can also occur when the patient receives a dental device like a crown or veneers with an unacceptable aesthetic outcome which is probably the most common type of dental neglect because it depends on the skill of the dentist in achieving the patients desires.

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.

Negligence Definition

Dental negligence is a type of medical negligence which is a sub-category of the general law of negligence with its own rules, protocols and case law. In order to prove negligence against a dentist it is necessary to show that the dentist owed a duty of care to the patient which is established by way of the normal doctor/patient relationship, thereafter it is necessary to show breach of that duty by establishing that no other group of reasonably competent dentists exercising normal skill and care would have carried out that treatment (which must be logical) and thereafter it must be proved that the injury was as a direct result of the negligent treatment. This means that the mere fact that dental treatment fails does not necessarily mean that the dentists action was negligent even if alternative or more conventional treatment may have succeeded, provided that a body of medical opinion supports the failed treatment.

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.

Injury Compensation

Compensation for dental negligence is based on the extent of the injury, the time taken for recovery and whether or not there are any long term consequences. If damages cannot be agreed between solicitors, the assessment of value will be carried out by a judge who will reference representations from both sides solicitors, the amounts awarded in similar previously decided cases and judicial guidelines, all of which may be tempered by the judges previous experience as a practicing lawyer. 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.

Personal Injury Solicitors

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.

Our dental negligence solicitors deal with claims for compensation as a result of neglect by dentists. In most cases we are able to are able to carry out the legal work at no cost to you. You do not have to fund or finance the case as it proceeds. If you would like free advice without any further obligation just call the helpline or complete the contact form or email our offices. A specialist dental negligence solicitor will speak to you over the phone and will advise on liability, the likely amount of the award and on how to best preserve your legal right to claim compensation. There are time limits in all personal injury cases including claims for medical negligence and dental negligence - act now or you may lose the right to claim compensation forever.

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.

Negligent Treatment

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.

Dental Procedures and Dental Negligence - Overview

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;

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.

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;

What are the common types of Dental negligence?


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