If you’re thinking about opening a claim against a dentist who has failed to provide the acceptable standard of care, you might be wondering, ‘What is classed as dental negligence?’ There are lots of different issues that can fall under this category, but crucially, to start a dental negligence claim, you must have directly suffered harm as a result of your dentist failing in their duty of care.
In this guide, we’ll cover everything you need to know about what is classed as dental negligence to help you determine whether you’ve got a valid claim.
If you think you’ve suffered as a result of dental negligence, you may be eligible to make a compensation claim against your dentist – use our online self-assessment tool to find out if you have a valid case.
Prefer to speak to a legal professional about your case? Get in touch with the Dental Law Partnership and we’ll be happy to offer a free initial consultation.
What is classed as dental negligence?
Any situation where a dentist provides treatment that falls below acceptable standards, directly causing harm to the patient as a result, can be classed as dental negligence.
This harm could be:
- Physical: Such as wrong tooth extraction, nerve damage, fractured jaw, etc.
- Psychological: Emotional distress or mental health conditions that began as a direct result of traumatic dental work.
- Financial: Such as if you’ve had to pay for remedial treatment to fix poor dental work.
Some common examples of dental negligence include:
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- Misdiagnosis or delayed diagnosis: Failing to identify conditions like gum disease, tooth decay, or oral cancer.
- Incorrect treatment: Treating the wrong tooth or performing the wrong procedure.
- Surgical errors: Such as nerve or tooth damage during an extraction.
- Poor quality treatments: Including crowns, fillings, or implants that have failed due to poor workmanship.
- Lack of informed consent: Failing to inform the patient of risks or alternatives before performing a procedure.
It’s not uncommon for several forms of negligence to have occurred at once. For example, experiencing unnecessary pain and suffering during treatment can also lead to a psychological fear of the dentist.
Common types of dental injury claims
While there are many examples of what can be classed as dental negligence, some of the most common types of dental negligence injury claims include:
- Wrong tooth extraction: Tooth extractions are a common procedure and tend to be risk-free, but there are sometimes cases where the dentist has pulled out the wrong tooth. Not only does this cause unnecessary suffering, but you’ll also have to have further work done to get the right tooth removed.
- Infections after dental work: Infections post treatment if left untreated, can lead to further serious complications if not treated quickly. If you’ve suffered from a dental infection after receiving treatment, it could be a result of negligence, such as the dentist not sanitising their tools correctly.
- Pain after dental work: While some pain or discomfort after dental procedures is to be expected, severe pain or pain that doesn’t go away within a few days could be an indication of negligence.
- Gum disease: If gum disease is caught early, it can usually be treated effectively. However, if your dentist fails to spot the signs or treat the condition appropriately, it could develop into a more serious form of gum disease called Periodontal disease
- Failure to diagnose: If your dentist fails to spot the signs of tooth decay and this leads to teeth being extracted or fillings being placed in your mouth, you could be eligible to make a failure to treat or diagnose dental claim.
- Tooth nerve damage: Nerve damage after dental work can be painful and may affect your ability to eat or talk properly. It is often a sign that your dentist has not taken adequate care when carrying out your treatment.
- Oral cancer: Your dentist has a responsibility to screen for any potentially serious conditions like oral cancer at your regular dental check-ups. If they fail to spot the signs of oral cancer, you may be eligible to make a failure to diagnose claim.
- Jaw fracture: Although rare, dental negligence can sometimes result in jaw fractures. When this type of injury occurs, it can be extremely traumatic, causing problems with opening your mouth, eating, or speaking.
If you’ve experienced any of these dental injuries, you might be eligible to make a claim against your dentist. However, the list above isn’t exhaustive, and you may still have a valid claim if you’ve suffered harm as a result of dental negligence. Read more on types of dental injury claims here.
Contact the Dental Law Partnership to find out if we can help with your claim or to learn more about our legal services.
I think I have a valid dental negligence claim – what do I do now?
If you think you have a valid claim after learning what is classed as dental negligence, the next step is to get in touch with the Dental Law Partnership. We’ll look into the details of your case and, if we agree that you’ve been the victim of dental negligence, will help you make a claim against your dentist to get you the compensation and justice you deserve.
Our expert team is made up of both solicitors and dentists, ensuring you receive accurate and professional advice from people who understand both the legal and dental aspects of your situation.
We’ve helped thousands of clients over the years – take a look at our client stories for an idea of the compensation you might be entitled to. We operate on a no-win, no-fee basis, which means you won’t pay anything if your claim is unsuccessful.
It’s important to note that you must open your claim within 3 years of the negligence occurring, or within 3 years of when you found out that negligence occurred, so we recommend getting in touch as soon as possible.
Fill out our online contact form and a member of our team will get back to you as swiftly as possible.