What is dental negligence?
Dental negligence is an avoidable injury caused by a dentist who has failed to take the proper care of a patient. This could occur through many things such as a poorly performed procedure, incompetence, or failure to diagnose.
What types of dental negligence are there?
Every dental negligence case is different and will have its own unique circumstances that will need to be taken into consideration. However they can be generally grouped into three categories:
- Inadequate Treatment – this could be from a one-time treatment or treatment given over a long period of time, which has caused serious complications. This could be caused from dentists not using the correct techniques or the right dental tools to treat your dental needs.
- Careless dental work – this includes a wide range of various situations, such as taking out the wrong tooth or cutting a patients lip or gums during a procedure, lack of informed consent, inappropriate root canal treatment among many others.
- Misdiagnosis – A misdiagnosis or a failure to diagnose an existing dental problem could lead to a failure to provide suitable or correct dental treatment, which could worsen the original problem.
Is there a time limit on when I can claim for dental negligence?
In both personal injury and clinical negligence, which includes dental negligence, proceedings must be issued within 3 years of the date the injury occurred. Sometimes it can be from the date that you discover that the treatment provided by your dentist was inadequate, this is known as the ‘date of knowledge’. This is because sometimes some consequences of having dental treatment may only come to light after some time has passed.
Can I claim against a private practice as well as the NHS?
When medical negligence occurs, whether it is from a major operation or to dental work, any medical practitioner can be held accountable. Whether they are a private practice or in the NHS they can still be held liable. Both organisations have a duty of care to their patients and both should be expected to face the consequences if they fail to do that. Taking on a medical establishment may seem intimidating, but with the right assistance and support you can get the compensation you’re entitled and make the best possible recovery.
Will I have to have a medical examination as part of the claim?
Yes, firstly we would need to obtain copies of your medical records and study them in detail. This will then require a specialist dental expert to look at your records and your condition and advise if the treatment or lack of was negligent which in turn caused your injury.
Current dental negligence claims
I am currently working on a number of dental negligence cases, including:
- Inappropriate implant procedures resulting in permanent nerve pain and psychological consequences.
- Incorrect root canal treatment resulting in hospital admission and surgery.
- Inappropriate root canal treatment and grinding of tooth resulting in cosmetic deformity.
- Failure to deal with an abscess resulting in loss of a front tooth.
- Excessive force used during a procedure resulting in physical injury.
- Excessive use of anaesthetic.
Dental Negligence solicitors in Leicester, Hinckley and Market Harborough
If you have any questions about claiming for dental negligence, call Bray & Bray. We have three main offices across Leicestershire, feel free to phone or pop in to talk to our solicitors.
Leicester 0116 254 8871
Hinckley 01455 639 900
Market Harborough 01858 467 181