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How to prove dental negligence

If you believe that you’ve experienced dental negligence, when a dental professional has let you down with the treatment or care that they have given and you’ve suffered as a result, you may well be feeling angry and upset about what has happened. Dental negligence can often have serious consequences for your oral health, and can also have a negative impact on your confidence and self-esteem – but what can you do about it?

It might be the case that you can make a claim for dental negligence compensation. If your claim is successful, you will be awarded a sum of compensation. No amount of money can turn back the clock and stop the negligence that occurred, but the compensation can help you to get a sense of justice for what has happened and help you to move forward with your life.

In order for your dental negligence claim to be successful, it needs to be proven that the dental professional who treated you made an avoidable error or didn’t provide the correct level of care that meets the minimum required standards.

This article explains exactly what is required to prove that dental negligence occurred if you want to make a claim for compensation.

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Proof that your treatment fell below acceptable standards

To give your dental negligence compensation claim the best chance of success, one of the areas in which you will need evidence is proof that the treatment or care you were given by the dental professional fell below acceptable or reasonable standards.

Whilst what is deemed ‘reasonable’ isn’t set in stone and can differ, depending on the circumstances involved, you may need to prove that another dental professional in the same circumstances would have made different decisions to the treatment you were given.

Proof that the negligence directly caused an injury or resulted in a worse outcome for the patient

This can be an area that is sometimes difficult to prove, as you need to be able to show that if the negligent act hadn’t happened, you wouldn’t have been injured or your dental problems or oral health wouldn’t have suffered in the way it did as a direct result.

Dental records from before and after the incident can be collected to build the evidence base for a claim. You may need to be assessed by an independent dental expert and if the effects of the negligence are likely to be long-term or permanent, you will also need evidence of this so that it can be factored into your claim.

Can I gather any evidence myself to help prove my dental negligence claim?

It can be difficult for you to gather your own evidence for a dental negligence claim. Due to the complex nature of this area of law, it’s recommended that your solicitor gathers the evidence needed for your claim on your behalf. They will be able to access your dental records and other evidence that proves the treatment you received was negligent.

The evidence that you can gather yourself will include records of any out-of-pocket expenses that you have had due to the negligence, such as the cost of further dental treatment to repair the damage that the negligent act caused. You may also have missed work or been unable to work due to the negligence. 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.

Expert dental negligence solicitors can gather the proof needed for your compensation claim

As specialists in this specific and complex area of law, Dental Law Partnership have over 20 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 and we understand the requirements inside and out for this type of claim.

We have a more than 20 specialist dental negligence lawyers and a team of in-house dentists who provide expertise in all fields of dentistry and will be on hand to help with every stage of the claim process. We always aim to push for claim resolution as quickly as possible so that you can get the compensation that you deserve and can start looking to the future.

Get in touch today for more information or to find out if you can make a dental negligence claim.