If you are retired or elderly and have suffered problems following dental treatment, you may be wondering whether your age could affect your ability to make a dental negligence claim.
Perhaps a dentist failed to identify a dental problem, an extraction went wrong, an infection was not treated appropriately, or you experienced complications following crowns, implants, dentures or other cosmetic dental treatment.
You may also be concerned that being older could make it more difficult to claim compensation. This is untrue and, in most cases, your age alone does not prevent you from making a dental negligence claim. At the Dental Law Partnership our legal and dental trained experts are on hand to review your enquiry and see whether you may have a potential dental negligence claim.
Could my age affect my potential dental negligence claim?
Every dental negligence claim is different, so whether you have a valid claim will depend on the evidence surrounding your treatment and the harm you experienced not your age.
Examples could include failing to diagnose a disease, a delay in diagnosis, an incorrect or unnecessary tooth extraction, nerve damage following dental treatment or poorly executed cosmetic treatment. Dental Negligence can occur when procedures, including aftercare cause complications that could have reasonably been avoided.
Does my age affect how much compensation I could receive?
Your age can be one factor considered when assessing the consequences of a dental injury, but there is no fixed amount of compensation simply because someone is retired or over a certain age.
For example, an older aged person may experience significant difficulties if dental negligence results in permanent damage, ongoing pain or the need for extensive corrective treatment however this can also occur in younger adults including children.
At the Dental Law Partnership, we have seen a wide range of ages including children who have been the victim of dental negligence, our team make sure to listen to each and every potential claim no matter their age.
What if I already had existing dental problems?
Having existing dental problems does not mean you cannot make a claim.
This is particularly important for older people, who may already have had extensive treatment or dental issues before the negligent treatment in question. The important question is to ask whether negligent treatment caused a new injury or made an existing problem significantly worse.
For example, if the negligent treatment has:
- Caused a new injury
- Made an existing condition significantly worse
- Caused unnecessary pain or suffering
- Resulted in the loss of a tooth that might otherwise have been saved
- Created a need for additional treatment
- Increased the extent or cost of treatment required
- Reduced the effectiveness or length of existing dental work
Each case therefore needs to be considered by its own facts.
Having a pre-existing dental condition should not automatically mean that subsequent problems were caused by that condition. At the Dental Law Partnership, we make sure it is very important to distinguish between the problems that existed before treatment and any additional harm caused by negligent treatment.
The Impact of Dental Negligence regardless of age:
Dental negligence can have a significant impact on people of any age, but the consequences for an older person may be particularly disruptive where they could already rely on dentures, implants, crowns or previous restorative dental treatment.
Problems such as tooth loss, ongoing pain, nerve damage or poorly fitted dentures can affect everyday activities and have an emotional impact particularly where dental problems affect a person’s confidence, appearance or ability to eat and speak comfortably.
However, these issues are not just exclusive to older people, and the impact of dental negligence should always be considered according to the individual circumstances of the person rather than their age alone.
Your age does not take away your right to expect an appropriate standard of dental care.
If you are retired or elderly and have suffered avoidable harm following dental treatment, it should not be assumed that your problems are simply the result of ageing or existing dental conditions. The important consideration is the actual effect of the dental treatment and whether it caused or contributed to additional injury or loss.
If negligent dental treatment has resulted in pain, tooth loss, nerve damage, infection, problems with dentures or implants, or the need for further corrective treatment, these consequences may be relevant to a dental negligence claim regardless of the patient’s age.
If something doesn’t feel right, it can help to speak to a team that specialises in dental negligence. And at the Dental Law Partnership, that’s all we do. If you are unsure, you can get in touch with our team for a free, no obligation conversation and we can see if you have been a victim of dental negligence.