Undergoing substandard dental work can be extremely distressing for all involved, affecting both your physical and mental health, as well as your finances. If you’ve suffered from dental negligence, you might find yourself wondering how to claim money back for your dental treatment. Not only could a claim cover the cost of rectifying the issue, but it will also compensate you for the pain and suffering you’ve faced.
We’ve created this guide to give you a comprehensive overview of how to claim back money for negligent dental treatment, as well as to help you understand your rights relating to the dental industry.
If you’ve already decided that you’d like to open a case against your dentist, you can start your claim here. Alternatively, to speak to a member of our expert team, please contact us on 0800 152 2031.
How to Claim Money Back for Dental Treatment: A Step-by-Step Guide
If you’re on this page, it’s likely you’re searching about how to claim money back for dental treatment, particularly negligent dental treatment. Every situation is different, but the dental negligence claims process usually follows these steps:
Contact a Specialist Dental Negligence Team
The first stage is to receive legal advice from an experienced dental negligence team, like the Dental Law Partnership. Once contacted, your dental law partnership advisor will assess your case and guide you through the next stage of the process.
The Letter of Claim
If your claim is accepted and it is deemed that negligence did occur, your solicitor will send a letter of claim to the dentist involved. This letter will outline the details of the negligence and the amount of compensation sought.
The Defendant’s Response
The defendant then has a set timeframe (usually four months) to respond to the letter of claim, in which they will either accept or deny liability.
Negotiation and Settlement
If the negligent dentist accepts they were at fault, your solicitor will negotiate with their insurers to reach a fair settlement for you. In most cases, this will be the final stage of the process.
Court Proceedings
Most claims are settled during the negotiations stage, but if a settlement cannot be reached, your solicitor may need to initiate court proceedings to complete your claim.
We should also point out that with dental negligence claims and adults, there is a time limit of three years from the date the negligence occurred or when you became aware of the negligent treatment. The evidence-gathering stage can take some time, so it’s important to start your claim as quickly as possible, to reduce the risk of ineligibility. Find out more about the main legal reasons that can prevent you from making a claim here.
What Constitutes Dental Negligence?
So, what exactly is dental negligence? Essentially, it’s a term referring to situations in which a dentist provides substandard care that falls below the accepted duty of care of a reasonably competent dental professional.
Dental negligence can occur through either NHS or private treatment and can include several different types of negligence:
- Failure to diagnose claims: This category applies to cases where a dentist fails to identify and address oral health problems like gum disease or oral cancer. It also includes instances of delayed diagnosis or misdiagnosis, which can lead to these conditions worsening.
- Failure to treat claims: If your dentist provides incorrect treatment for an oral health issue, performs unnecessary procedures or uses inappropriate techniques, you may be eligible for a failure to treat dental negligence claim.
- Poorly performed procedures: If your dentist carries out the right procedure but doesn’t perform it properly, it could lead to complications like dental nerve damage, dental infections or aesthetic issues.
- Failure to obtain properly informed consent: Before carrying out any treatment, your dentist has to adequately explain the risks, side effects, alternative treatments and benefits before proceeding. They need to gain valid informed consent from you before starting work on your teeth.
- Substandard aftercare advice: Your dentist should also provide the correct aftercare advice after treatment – failing to monitor your recovery properly or refusing to provide adequate aftercare advice will also come under this category.
To have a valid claim for dental negligence, you’ll need to establish the following points:
- Duty of care: You need to prove that your dentist owed you a duty of care.
- A breach of care: We will need to establish that your dentist’s actions fell below the expected standard of care
- Causation: We will need to show that your dentist’s negligent actions have had a direct impact on you – this can include physical injuries, emotional distress and loss of earnings.
- Damages: There should also be a record of the pain, suffering and financial losses inflicted on you, often referred to as damages.
Do I Need to Gather Evidence for My Claim?
Yes, having strong evidence to support your claim is recommended, enabling you to prove that negligence occurred.
Common examples of evidence you may need include:
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- Dental records: Your NHS dental practice should legally keep your NHS clinical records for at least eleven years, providing your dental records when requested.
- Expert opinions: We may also need to collate second opinions from dental experts, who will be able to assess the damage themselves.
- Photographs: If you’ve undergone a physical injury due to dental negligence, we may need to take photographs of the affected area.
- Financial records: It’s important that you keep all financial records of all expenses relating to your negligent procedure, including loss of earnings, travel costs and the cost of corrective treatment.
- Witness statements: If anyone witnessed the impact of the negligence on your life, taking statements from them may help with your claim.
At the Dental Law Partnership, we can help you collate this information if you decide to sue your dentist. We have 25 years of experience in this specialised legal field, with a specialist legal team and in-house employed dentists working for you which gives us all the expertise required to successfully settle your case.
Choosing the Right Dental Solicitor
Understanding how to claim money back for dental treatment is a crucial step if you believe you’ve suffered from dental negligence, enabling you to take action quickly and seek out expert legal advice for your situation. Not only can a dental negligence claim increase your chances of gaining the compensation you deserve, but it can also prevent other patients from undergoing similar injuries.
Here at the Dental Law Partnership, we’re a dedicated firm of dental solicitors, using our collective talents to ensure you receive the compensation you deserve. To find out more about why you should choose us for your dental claim in England and Wales, please see our dedicated Client Stories and Testimonials pages.
If you’re ready to get started, or you have any questions you’d like answering first, we’ll be happy to help – please contact us here or request a callback from our expert team.