How To Prove Dental Negligence

How do you prove dental negligence?

For your dental negligence claim to be successful, you’ll need to prove that the treatment you received fell below acceptable standards and that this directly caused you harm or made an existing condition worse.

This involves proving three key elements:

• A duty of care was owed
• That duty of care was breached
• The breach directly caused or worsened your injury or condition

1. Duty of care

Duty of care is typically very straightforward to prove in dental negligence cases because all dental professionals owe a duty of care to their patients. This means they legally must provide treatment that meets a minimum standard of competence.

2. Breach of duty

The next step is to prove that a breach of duty occurred – in other words, that the treatment you received did not meet the standards expected of a competent dentist.

The Bolam test is typically used to assess whether a dentist has breached their duty of care and involves comparing the actions of your dentist to how a panel of responsible dental professionals would act in similar circumstances. It’s essentially a peer review system used to determine if your dentist’s actions were acceptable and reasonable.

If it’s found that the treatment you received did not meet this benchmark, this proves that the dentist breached their duty of care.

Examples of a breach of duty could include:

• Injuries during treatment: Such as damaging healthy teeth or causing nerve damage during an extraction.
• Lack of informed consent: Failing to inform the patient of risks or alternatives before carrying out a procedure.
• Misdiagnosis or failure to diagnose: Failing to identify and treat conditions like tooth decay, gum disease, or oral cancer.

3. Causation

Once it’s been proven that a breach of duty occurred, the next step is to demonstrate causation. This means proving that your injury or condition was caused or worsened by your dentist’s negligence, rather than any other factors. Causation can be difficult to prove, especially if your teeth have been treated previously or you have underlying medical conditions

You’ll need to provide clear, convincing evidence that links the substandard care you received to the harm you’ve suffered. You’ll typically need dental records, expert reports, and other evidence to support your claim.

Gathering this evidence on your own can be challenging, especially if you’re not entirely sure what you need. That’s where dental solicitors come in, gathering all the evidence needed for your claim on your behalf.

What kind of evidence do you need?

Given how complex dental negligence law can be, it’s highly recommended that you enlist the help of a solicitor who specialises in this area.

At the Dental Law Partnership, our experienced dental solicitors and paralegals will gather all the evidence on your behalf and ensure it’s collated efficiently to make your case as strong as possible.

Here are some of the key pieces of evidence we’ll collect:

Dental records

Your dental records are the most crucial part of your claim, providing a detailed history of the treatment you’ve received, including clinical notes, X-rays, consent forms, appointment logs, and correspondence between you and your dentist.

These records help establish what treatment was planned, what was actually carried out, and whether it met the expected standard of care. Our team will request these records directly from your dental provider and review them thoroughly to identify any signs of negligence.

Expert witnesses

Other trusted dental professionals may be consulted to provide an independent opinion on the standard of care. These expert witnesses will assess your dental records and any other relevant evidence to determine whether your treatment fell below an acceptable standard and if it directly caused you harm.

This impartial analysis plays a vital role in building a strong case, helping to establish negligence from a neutral, professional standpoint. Your dental solicitor will arrange these expert reviews on your behalf and incorporate their findings into your claim.

Financial records

Your dental solicitor will also include evidence of any out-of-pocket expenses that you have incurred as a direct result of the negligent act. This includes the cost of any further dental treatment that was required to repair the damage, as well as loss of earnings if you were unable to work.

Costs like these can be added to your dental negligence claim so that if your claim is successful, they will be included in the compensation amount awarded to you.

How long do I have to make a dental negligence claim?

If you wish to bring a dental negligence claim against your dentist, it’s important to note that you only have three years from the date of the negligent treatment or the date that you became aware of the negligence.

There are two key exemptions to this rule:

1. For children under the age of 18, the three-year time limit will only begin from the day they turn 18.
2. For people with diagnosed mental illnesses, the three-year time limit will only begin once they have recovered from their illness.

If you only discovered the negligence some time after the treatment took place, expert witnesses can be essential in proving when you reasonably became aware of it. For instance, your current dentist might confirm that you only learned of the issue when they identified a problem that your previous dentist had missed.

Get the justice you deserve with the Dental Law Partnership

As specialists in this specific and complex area of law, the Dental Law Partnership have 25 years of experience in achieving successful dental negligence claim outcomes for our clients. We’re ideally placed to gather the necessary proof of dental negligence on your behalf, because we know exactly what it takes for a successful claim.

Our team comprises both specialist lawyers and qualified dentists who will be on hand to help with every stage of the dental negligence claims process. We always aim to get a claim resolution as quickly as possible so that you can get the justice and compensation you deserve and start looking to the future.

Contact us today for more information or to find out whether you’re eligible to make a claim.