Dental appointments are routine for most people, but when things go wrong, it can have physical and emotional consequences. In cases like this, you may be thinking about making a dental negligence claim.
You may think your dental professional caused you injury or harm as a result of poor care, but how do you prove dental negligence in a legal setting?
In this blog, we’ll explain the three features used in dental malpractice cases and how each one affects the success of your case.
Have you suffered injury or harm at the hands of your dentist? Find out if you have a dental negligence claim using our 2-minute claims calculator, and our experts at Dental Law will help you make things right.
The three features of a dental negligence claim
To succeed in a dental negligence claim, you must prove that your dental treatment fell below the accepted standard of care, and this, in turn, directly caused you harm. To do this, you must prove three key elements:
- Duty of care
- Breach of duty
- Causation
These three aspects form the basis of all dental malpractice claims.
1. Duty of Care
When a patient agrees to receive treatment from a dentist, they are entitled to a be treated with a reasonable level of care to ensure patient safety and well-being. This is a legal requirement and means that your dental practitioner must conduct any procedures with the same level of competency, skill and knowledge as any other dentist would with their patients. When you agree to receive dental care, a professional relationship is formed, and a duty of care is a given expectation.
2. Breach of Duty
The second element in dental negligence claims involves proving that your treatment and the dentist’s actions fell below the standard of care expected by dentists.
A breach can be identified by a dental expert. This is where another respected dentist will assess the situation to determine what the proper standard of care should have been and in which ways your treatment fell below it.
Common breaches in dental care include:
- Failing to review the patient’s medical history before treatment
- Failing to spot dental decay
- Failing to identify signs of periodontal disease or signs of oral cancer
- Failing to explain all options for treatment and not informing patients of risks
3. Causation
Once it’s been established that a breach of duty occurred, the next step is to demonstrate causation. This refers to how the breach of duty is linked to the patient’s injury or suffering.
This is typically provided in the form of dental records, expert reports, and other evidence to support your claim which makes the link showing that an injury would not have occurred had it not been for the dentist’s actions or lack of action. For example, if a patient suffers from a severe infection after dental treatment, it might be shown that a patient would not have developed an infection had the dentist sterilised their equipment.
In order to ensure success in a dental negligence claim, your legal team must be able to prove that any injury was sustained by you as a direct result of a dentist’s negligence.
Other considerations in dental negligence claims
Whilst the three elements form the legal backbone of dental malpractice cases, there are a number of other factors that play a crucial role when making a claim.
Expert testimony
Although we are unique in that we have a team of employed dentists at the Dental Law Partnership who work closely with our specialist solicitors, sometimes your dental negligence case may also need an expert to provide testimony. Courts need to understand what standard of care is expected in certain cases, and other dental professionals can provide this in a specific context. A dental expert’s testimony will help the court determine whether the defendant’s practices deviated from the accepted standard of care.
Statute of limitations
Legal cases involving dental claims have a statute of limitations of three years. This means patients have 3 years from the date of your treatment or procedure, or 3 years from the date you first became aware of the negligence that caused harm to start any negligence claims. If you fail to start a legal claim within this timeframe, you may be unable to move forward with your claim, even if you have strong evidence. There are some exceptions to this rule, find out more here.
Build a strong case with help from the experts
Dental negligence claims are often more complex than they first seem. With the help of legal professionals like our expert team at Dental Law, you’ll be able to find out if your case meets the criteria for a dental negligence claim. We’ll also be on hand to gather all the evidence and expert opinions to support your claim.
Remember that all dentists must provide you with a reasonable standard of dental care, and if this standard hasn’t been met, you’re entitled to make a claim. If you’ve suffered at the hands of dental negligence, get in touch with our team of solicitors and we’ll help you seek justice.