One of the most common questions we receive is, “How long does a dental negligence claim take?”. There is no one-size-fits-all answer, as every case is different, relying largely on the situation itself. The processing time for resolving your dental negligence claim depends largely on a variety of factors, including the complexity of your case, how quickly we can gather evidence, and how long it takes to get a response from the defendant.
We understand that dental negligence can have a profound impact on both your physical health and mental well-being – in some cases, it can lead to unnecessary pain, psychological distress, and costly remedial dental treatments. If you believe you’ve been a victim of dental negligence, you may want to consider making a claim against your dentist.
In this guide, we’ll break down the key stages of a dental negligence claim, exploring the main factors that can influence how long each step takes. If you’d like to enquire with our team about opening your case, please enquire on 0800 152 2032 or complete our online claim form.
What to Expect from a Dental Negligence Claim
Every case we deal with is different, so it can be difficult to state exactly how long your claim might take to resolve. However, we’ve created a brief overview of how long your dental negligence claim might take, depending on the complexity of your case:
- Simple cases: Simple cases usually take around 12-18 months, particularly if liability is accepted by the defendant early.
- Moderate cases: Moderate cases often take between 18 months to 2 years – this usually includes situations in which further evidence or negotiations are needed.
- Complex cases: Complex cases can often take 2 years or longer, and can be particularly lengthy if court proceedings are required.
Our dedicated Client Stories page may be of use, as you may be able to find a similar case to give you some guidance on your claim timeline.
How Long Does a Dental Negligence Claim Take? A Step-by-Step Process
As previously stated, it’s difficult to state exactly how long a dental negligence claim will take, as every situation is different.
Here, we’ll go through the different factors that can affect the length of your claim, hoping to give you a greater understanding of how long your case might take to resolve.
1. Initial Investigations: Establishing the Grounds for a Claim
The dental negligence claims procedure will begin with a thorough investigation to determine whether you have valid grounds for your case. When working with the Dental Law Partnership, we’ll go through a questionnaire with you and take down all your details. This step is crucial, as it allows us to determine whether the treatment you received fell below the acceptable standard of care, as well as whether avoidable harm occurred. If your claim is accepted by our team, your information will be passed on to one of our paralegals.
The main steps in the initial investigation stage include:
- Obtaining dental records: Our legal team will request a complete copy of your dental care records to review the dental treatment you’ve received.
- Assessing causation: To take your case on, we need to establish a clear link between the negligence and the harm caused, showing you have a valid dental negligence claim.
The investigation phase can take anywhere from a few weeks to several months – the time taken is highly dependent on how quickly your medical records can be obtained.
2. Gathering Evidence: Proving a Dental Claim
If we decide that you have a strong claim, your case will be passed on to one of our paralegals, who will collect and collate your full set of medical records ready for clinical assessment.
Evidence they will look for includes:
- Your dental records: Your dedicated paralegal will review your dental records in order to provide the basis for drafting a Letter of Claim.
- Expert advice: We may consult with independent dental experts to evaluate whether negligence occurred and whether the evidence supports your claim.
- Witness statements: In some cases, we may require statements from witnesses or family members to strengthen your case.
The evidence-gathering stage can take several months, particularly if there are delays in obtaining expert reports, witness statements, or dental records.
3. Writing Your Letter of Claim
After all the relevant evidence has been collected, your dedicated dental solicitor will draft a letter of claim which will be submitted to the defendant. This is a formal document that outlines your allegations against the defendant, including all the relevant evidence of dental negligence and a detailed chronology of the case.
Composing the letter of claim is a critical step in the dental claims process, as it provides the defendant with an opportunity to respond to you. Your dental solicitors will ensure that the letter is comprehensive and accurate, which should improve your chances of receiving a favourable response.
4. Waiting for the Defendant’s Response
Once your solicitor has submitted your letter of claim, the defendant has a set timeframe of four months to respond, under the Pre-Action Protocol for the Resolution of Clinical Disputes.
Once received, the defendant’s response will usually fall into one of three categories:
- Acceptance of liability: If the defendant accepts that they were at fault and negligence occurred, the claim can proceed to the settlement negotiations stage.
- Denial of liability: However, if the defendant disputes the allegations, further evidence may be required. In some cases, you may find that the defendant accepts some of the allegations and disputes others – your solicitor may prefer to move to the negotiations stage if this scenario occurs.
- Request for more information: You may also find that the defendant asks for additional details before providing a full response to your letter of claim.
The four-month time period is standard, but delays can occur if the defendant requests an extension or disputes the evidence. If the defendant does not reply within this time limit, they will be in breach of the pre-action protocol and your solicitor may be able to apply for a court order to force a response.
5. Settlement Negotiations: Reaching an Agreement
If the defendant accepts liability and agrees that negligence has occurred, the focus of your case will shift to agreeing on a settlement amount. This stage involves careful negotiations between your solicitor and the defendant to ensure you receive fair compensation for:
- The pain, suffering and harm caused by substandard care (this may also include emotional distress, as well as physical harm).
- Financial implications that resulted from the negligence, such as additional dental treatment costs or loss of earnings.
- The cost of future care or corrective treatments (if required).
The negotiation stage can be rather straightforward if both parties are willing to cooperate, but disputes over the value and validity of the claim can also prolong this phase. You may find that your solicitor has to consult with a range of financial and medical negligence experts to calculate an appropriate settlement, taking everything on a case-by-case basis.
Settlement negotiations can take anywhere from a few weeks to several months, depending largely on the willingness of the defendant to reach an agreement, as well as the complexity of your case.
6. The Last Resort: Court Proceedings
Most of our dental claims are settled out of court, but settling difficult dental negligence cases may require court proceedings if liability or settlement terms cannot be agreed upon.
Court proceedings can significantly extend the timeline of your dental negligence case, as legal documents need to be filed and court schedules can be unpredictable. A judge will also need to review the evidence in court, making the ultimate decision on liability and the amount of compensation due to you (if they find your dentist has behaved negligently towards you). These factors mean that court is often used as a last resort if negotiations fall through.
However, whilst this may sound troubling, it’s important to remember that most cases are settled before reaching this stage, as both parties typically prefer to avoid the stress and cost of a trial.
Navigate Your Dental Negligence Claim with Dental Law
We hope that after reading through this guide, you now have a greater idea of the length of time it takes to resolve a dental negligence claim.
As we’ve seen above, the question of how long does a dental negligence claim take depends on various factors, including:
- How complex your case is
- The evidence
- How much harm and suffering occurred (including physical and psychological harm, as well as financial losses)
- The defendant’s response to your letter of claim.
The process can seem time-consuming at first, but every stage is essential to achieving a fair outcome for your case, enabling you to seek justice for the negligence you’ve faced.
However, working with an experienced dental negligence solicitor like the Dental Law Partnership team can make a significant difference to the outcome of your case. We focus solely on dental negligence claims, with many members of our experienced team having experience in both the legal and dental fields, giving us an advantage over our competitors.
If you’d like to see whether we could help you with your dental negligence claim, we’ll be happy to help – please get in touch or request a callback from our team of experts.