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Legal reasons that prevent you making a claim

Tooth Pain

At the Dental Law Partnership we will always try and provide you with the best advice about making a claim. We only act for dental patients and our mission is to provide the best level of service we can to help you reach a final settlement. We work on a no win-no fee basis which means you don’t have to pay any upfront legal costs.

Limitation

This is a time frame in which you can bring a legal claim. An adult must start court proceedings within 3 years from the date when you first realise, or were made aware, that you may have a negligence claim otherwise you will be out of time to proceed. The date of knowledge of your claim is when you find out that you have received negligent treatment, for example you could have visited the same dentist for a number of years and it might not be until you visit a new dentist that you realise you have been suffering from negligent treatment.

Location

Due to legislation we are only able to help with claims where the negligent treatment took place in England or Wales. Legislative systems in Scotland and Northern Ireland deal with claims differently to England and Wales and we are therefore prohibited from acting. If you are living in a different country but the treatment you believe to be negligent took place in England or Wales then we may be able to help you.

Conflict of interest

Conflict of interest is a situation where someone cannot make a fair decision because they will be affected by the result.
At the Dental Law Partnership a conflict of interest might arise if a member of staff knows the defendant dentist personally, either in their personal life or because she is someone with whom they have previously worked. We will make sure any potential conflicts are spotted at the beginning and you are advised.

Already have a claim with another solicitors

If you already have an ongoing claim with another solicitor then we can’t act for you. However if you are able to provide us with proof that your old solicitors are no longer instructed in the claim, perhaps a letter or an email, then we may well be able to help you.
In some cases you may be referred to us by another solicitor if they are unable to assist you with your claim, and a referral like this is completely acceptable.

Whom do you complain to if we are unable to help?

There are a few places that may be able to help with a general complaints:

  • GDC – Regulates dental professionals in the UK. All practising dentists must be registered with the General Dental Council, known as the GDC. Patients can complain to them if they believe their dentist is not registered or if you think your treatment has fallen below the appropriate standard. You can make a complaint to the GDC whilst also having a negligence claim.
  • Your dentist – you might want to discuss your problem with your dentist, but there is no requirement to do so before bringing a legal claim. That is entirely a matter of your choice
  • NHS complaints – If you don’t feel comfortable going to your dentist and your treatment was provided under the NHS, then you might want to contact the NHS complaints service. All NHS organisations should have a complaints procedure, and dental practices are no exception. Private dental practices must also have their own formal complaints process.
  • Legal Action – If you have suffered pain, failed dental treatment, perhaps even lost a tooth avoidably or suffered loss of earnings then you may wish to make a negligence claim. While the thought of contacting solicitors might seem a little daunting we are here to act for you and to help you get compensation for the substandard care that you have received.

If you feel like you have suffered from dental negligence then you can fill in our online claim form or call us on 0808 231 1070 to see if we can help you with your claim.