This type of dental negligence relates to instances when a dental professional fails to appropriately treat a condition that you, their patient, suffers from. There could be a few different errors made by your dentist that lead up to their failure to treat you effectively.
- Failure to examine or check the oral health of the patient properly
- Failure to correctly diagnose the condition, despite evidence
- Failure to recommend an appropriate treatment path for the patient to try to rectify the condition
If your dentist fails to listen to you when you try to explain about a problem you’re having with your teeth or doesn’t seem to take your complaint about pain, sensitivity or other symptoms seriously, they could be overlooking an oral health condition. If, by failing to properly treat you, the condition becomes worse, causes pain and suffering or means that you need to have further treatment to rectify or mitigate the issue, you may be eligible to make a compensation claim.
Common conditions that dentists may fail to treat effectively
While most dentists are highly skilled, dedicated and treat their patients with a high level of skill, care and professionalism, this is sadly not always the case. Sometimes, dentists can make avoidable mistakes, miss evidence, offer the wrong treatment, or otherwise fail in their duty of care to treat you effectively. Some of the most common conditions that dentists can fail to notice or treat appropriately, include:
- Gum disease
- Periodontal disease (a severe form of gum disease)
- Oral cancer
- Serious tooth decay
- The need for fillings
- The need for root canal treatment
- The need for an extraction
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Dental negligence failure to treat claims – more info:Is failure to treat the same as failure to diagnose?
How much dental negligence compensation could I get for a failure to treat claim?
What kind of evidence is needed for a failure to treat claim?
Frequently Asked Questions
How long does it take to bring a dental negligence failure to treat claim?
The timescale of a compensation claim will vary from case to case. There is a legal process that must be adhered to and many cases are settled before they reach court, meaning that a claim could take anywhere from a few weeks to several months, depending on how your dentist responds to the claim and other aspects of the legal process, such as evidence gathering and gaining expert opinions. Click here for full details of the dental negligence claims process.
Is there a time limit on failure to treat claims?
There is a time limit for making a claim against your dentist for failing to treat you when required. Usually, this is three years from when the negligence occurred, or from the date that you became aware of the negligence. For patients who are under the age of 18, the three-year limit begins on their eighteenth birthday and for those suffering from a mental illness, the three year limit begins when they have recovered from the illness.
As claims can often take some time to progress and are often not straightforward, it’s recommended that those who feel they might have a claim should seek expert dental negligence advice as soon as possible after they experienced negligent care.
How much does it cost to make a dental failure to treat claim?
At the Dental Law Partnership, our cases are usually funded by a no win, no fee agreement. This means that even if your claim is unsuccessful, you will not pay any legal costs. At the Dental Law Partnership, we don’t believe that your access to justice should depend on whether or not you can pay legal fees.
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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