The most common types of dental negligence cases are known as Injury claims. This is when a dental professional causes harm to a patient, often through procedures that they perform poorly, through their incompetence or because of a failure to diagnose, or the misdiagnosis of a condition.
Common types of dental injury resulting from dental negligence
The injuries caused by dental negligence can take many forms, but all have a negative impact on the life of the victim to some degree. They may experience significant pain, inconvenience, require significant and costly further treatment or suffer the loss of teeth. Sometimes the damage caused by a dentist is permanent and cannot be remedied by further dental work.
Some of the most common types of dental injury include:
- A serious infection caused by the dentist using unsafe practices or equipment
- Dental nerve damage, causing long-term or permanent pain, numbness or lost sensation in the mouth, lips or face
- Improper use of a tool or equipment, which causes trauma to the teeth, jaw or mouth of the patient
- Poorly carried out treatment, which does not solve the original problem or causes more issues with surrounding teeth, gums or jawbone
- Failure to diagnose a serious oral health condition in a patient despite regular visits and dental evidence, such as patient reporting significant issues, x-rays being taken etc.
- Misdiagnosis of a condition, resulting in incorrect (or no) treatment being carried out and the original condition worsening
- Significant treatment errors e.g. extracting the wrong tooth
- Psychological trauma caused by the dental negligence which has a significant impact on your quality of life or daily activities
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Dental negligence injury claims – more info:What are the most common injuries caused by dentists?
- Failure to diagnose gum disease
- Failure to diagnose oral cancer
- Root canal treatment
- Tooth extractions
- Wisdom teeth
- Dental implants
- Orthodontics, including invisible braces
- Teeth whitening
- Cosmetic bonding
- Gum contouring
What is a dental negligence injury claim worth?
If a dental procedure goes wrong and you are injured, due to the negligence of your dentist, or they fail to carry out their duty of care to you, you may be eligible to make a compensation claim. The amount that you can claim for will depend on the specifics of your case.
The type of injury you have suffered, the severity or long-term implications of this and the impact that it has on your everyday life will all play a part in the amount of compensation that you could be entitled to if your claim is successful. This may also include costs for future treatment to rectify the damage caused by your dentist’s negligence, as well as compensation for what has already happened.
Can I make a dental negligence claim for NHS or private dental treatment?
Frequently Asked Questions
What should I do if I think I’m a victim of a dental negligence injury?
If you think that your dentist has made serious mistakes with your treatment, has caused you an injury or has failed over a significant period of time to provide a diagnosis and treatment plan that has tackled the problem, you should contact a dental negligence specialist solicitor, like the Dental Law Partnership, to discuss the specifics of your case. We will be able to assess all of the information relating to your complaint and the evidence of negligence to make a decision on whether you have an eligible claim for compensation.
Click here for full details of the claims process.
Will I have to go to court if I make a dental injury compensation claim?
It is rare for dental negligence claim cases to result in a trial. Most successful claims are settled during the process well before it gets to that stage. However, it is possible that if the dentist or practice refutes the claim, even after evidence has been exchanged, the case may proceed to court. If this does happen, the appointed barrister, who will be familiar with your claim, will present your claim in court. You may be asked to meet with the barrister beforehand to discuss the evidence. If the judge rules in favour of your claim, they will make a decision on how much compensation you should receive.
How much does it cost to make a dental negligence injury claim?
At the Dental Law Partnership, most of our cases are funded by a no win, no fee agreement. This means that if your claim is unsuccessful, you will not pay any legal costs. We don’t believe that access to justice should be dependent on your income.
We’re always proud to be recognised for the work we do for our clients
Mr M North West – 17/01/2020
“All that remains is for me to thank you for your kind words, for your continued efforts, for providing complete transparency and clarity when required, and also for your patience. I wish you nothing but the best going forwards.”
Mr S, East Yorkshire – 20/12/2019
I just wanted to say a big thank you to you, and your colleagues at Dental Law, for all your hard work in pursuing my claim. I was very pleased with the outcome. Every aspect of the case was handled with the upmost professionalism and clear advice throughout. The advice on liability and quantum was right on the mark. I would not hesitate in recommending Dental Law.
Mrs M, South East – 12/12/2019
“I would highly recommend the DLP to others seeking help with dental negligence, for providing excellent advice and clear communication throughout the process, and from a personal point of view making what felt like a daunting prospect at the outset straightforward to understand.”
A MAN FROM THE SOUTH EAST HAS LOST HIS TOOTH AND UNDERWENT UNESSECARY ROOT CANAL TREAMENT AFTER HIS DENTIST FAILED TO SPOT TOOTH DECAY. • Mr L lost his tooth after his dentist failed to spot and treat tooth decay. • He also underwent unnecessary pain and an avoidable root canal procedure. • £10,000 awarded […]
• A woman from the east of England suffered an avoidable period of pain and suffering as a result of infection and suffered an avoidable repeat root canal treatment. • Ms C lost a tooth and will lose another tooth in the future. • £8,000 awarded in compensation Between 2011 to 2013 […]
• Ms R experienced severe episode of pain and sensitivity • An infection in her tooth was left to spread which eventually led to its avoidable extraction • £5,000 awarded in compensation Ms R suffered multiple episodes of pain when her dentist failed to perform a root canal treatment properly, this meant many trips to […]
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