If you’re thinking about opening a dental negligence claim against your dentist, you may be wondering whether you’re able to stay at your existing practice or if you’ll have to find a new one. While there is no legal requirement to leave your current practice if you’re making a claim against a dentist who works there, you might decide you feel more comfortable doing so.
In this blog, we’ll dive into this frequently asked question more deeply, helping you understand your rights as a patient and weigh up the pros and cons of staying at your current dental practice.
Looking to start a dental negligence claim against your dentist? Get in touch with the Dental Law Partnership today.
Can I stay at my dental practice if I intend to pursue dental negligence?
There is no legal requirement for you to change dental practices while pursuing a dental negligence claim. It’s important to remember that you’ll be claiming against the specific dentist rather than the practice as a whole, meaning it’s perfectly fine for you to remain at the same practice and just see a different dentist.
Let’s take a closer look at the pros and cons of staying at your current practice while pursuing a dental negligence claim.
Pros of staying at your dental practice
- Convenience: Finding a new dental practice can be a long and time-consuming process, so you might decide it’s easier to stay with your current practice rather than dealing with the stress of finding a new one. Alternatively, it might be that your current dental practice is the closest to you, and you don’t want to travel further to visit a different practice.
- Cost: If you receive private dental treatment, costs can differ significantly between different practices. If your current practice offers cheaper prices, this can be a good incentive to stay. You might also want to avoid paying the new registration fees that can sometimes come with switching to a new practice.
- Comfort: Switching to a new dental practice can be nerve-wracking, so if you still feel comfortable with your current practice and the rest of its staff, you might decide it’s best to stay.
- Ongoing treatment: While it is possible to move to a new practice mid-treatment, there may be delays or additional costs, especially for more complex issues. If you don’t want any delay or to cause any disruption to your treatment, you might decide it’s best to stay at your current practice.
Pros of switching to a new dental practice
- Peace of mind: If you’ve experienced negligence, it can be difficult to rebuild trust with the same practice. Registering elsewhere can help you move forward without lingering doubts or anxiety about the care you’ll receive.
- A fresh start: A new dentist will be completely removed from your past treatment, giving you the chance to start again with someone who can provide unbiased advice and explore different treatment options.
- Improved confidence in your care: Knowing that your new dentist isn’t connected to the claim may make you feel more comfortable raising questions and voicing concerns, helping to build a more transparent and trusting relationship.
- Support for your claim: A new dentist may be able to provide a second opinion that supports your case by identifying errors or poor standards in your previous treatment.
While the decision is entirely yours to make, for many patients, the benefits of switching to a new dentist outweigh the drawbacks. Leaving the practice where you’ve had a negative experience is often an important step to help you regain confidence in dental professionals.
What are my rights as a patient?
No matter whether you choose to stay at your current dental practice or go elsewhere, you have several legal and ethical rights as a patient. Knowing where you stand can help you feel more confident about the decision you make.
- Safe and competent care: All dentists have a duty to provide you with safe, competent care, regardless of any legal proceedings. If a dentist has failed to provide this – whether through misdiagnosis, poor treatment, or lack of informed consent – you have the right to seek compensation through a dental negligence claim.
- A second opinion: If you’re unsure about dental treatment you’ve received or want reassurance following a bad experience, you have the right to seek a second opinion from another dental professional. Not only will this give you peace of mind, but it can also be used as part of your dental negligence case, especially if the new dentist is able to identify previous errors or complications.
- Access to dental records: If you’re making a dental negligence claim, having access to your dental records is crucial to help your legal team assess the standard of care you received. You have a legal right to request a copy of your dental records under GDPR, and the practice is usually required to provide them within one month.
Start your dental negligence claim today with the Dental Law Partnership
If you’ve suffered as a result of poor dental treatment, you might be eligible to make a negligence claim against your dentist. At the Dental Law Partnership, we operate on a no-win, no-fee basis, which means you won’t pay anything if your claim is unsuccessful.
Our team is made up of both dentists and solicitors, so you can rest assured that you’re receiving accurate, expert advice from people who understand both the medical and legal aspects of your case.
Find out more about the claims process, or contact us today if you think you’ve got a claim.