Dental negligence occurs when an individual is under dental treatment and sustains a dental injury. It’s the duty of a dentist to take care of their patients. However, certain dentists end up hurting their patients unintentionally or due to inexperience. An ideal dentist should ensure a pain-free experience for you. And in case you suffer injury or pain while in treatment, you may be eligible for a dental negligence claim. Many patients are not even aware of their rights and suffer double damage, financial and psychological. Expert Personal Injury Solicitors at ClaimLine365 can help you with making a claim for Personal Injury or Dental Negligence Claims. We offer a No Win No Fee Agreement and we charge from the compensation you are awarded which never exceeds 25% of the compensation amount.
UK government has made very strict laws for negligence. The claimant has to prove that the accused dentist has indeed shown negligence while operating on him/her. Now, it’s not like that anybody can just file a dental negligence claim. Process for negligence claim has been made to ensure that dentists are not harassed unnecessarily. This is to avoid any bogus dental negligence claims or harassment of dentists. The law grants compensation only if it’s proved that the claimant’s pain or injury that he received caused directly by the dentist when the individual was under the dental treatment.
Now, filing a dental negligence claim means that you have to prove that your dental pain or injury occurred purely due to the negligence of the dentist, and not a natural dental pain or injury phenomenon. The whole responsibility of proving the dentist’s negligent treatment behavior lies with you. And at ClaimLine365, the Personal Injury Claim experts will help you.
One of the most important features of a dental negligence claim is that it comes under the category of personal injury claims. So, any case of physical or psychological dental negligence is indirectly a case of personal injury.
Now, as we mentioned before the process of proving dental negligence has been made very complex. For example, suppose the dentist has shown negligence or carelessness while dental treatment but the claimant didn’t suffer any physical injury or pain, then he/she is not eligible to file a dental negligence claim. Like said before dental negligence comes under a personal injury claim, hence an injury should be there. It is not enough to just prove the negligent or careless behavior or act of the dentist or anyone on the dental support team. There can be no “might have” or “could have” as to prove an act, the act should have been committed or still causing complications.
Now, it’s interesting to see how dental negligence is defined. There are many scenarios or situations during dental treatment. And hence every case is unique in itself. Still, to make it easy to judge, the lawmakers have defined dental negligence as follows:-
1. Insufficient treatment:- Now, this may refer to the dentist not using the ideal techniques or hasn’t gone by the predefined dental procedures. This may include taking a lot of time in otherwise simple treatment. It may include ineffective anesthesia given or taking so much time that the effect of numbness was over during treatment imparting pain to the patient. In this category may come a diverse range of dental conditions- like extracting the wrong tooth, cutting of patient’s skin/lips/gums during the dental treatment procedure.
2. Misdiagnosis or failure to diagnose the ailment is again an act of negligence. A doctor or dentist is someone we have faith in and we trust in whatever he says or suggests. And hence, it’s the duty of a dentist to diagnose correctly and offer the best possible solution for the ailment. Misdiagnose may lead to further damage without curing the original problem. Certain oral damage can also be fatal and hence laws are strict when any situation or misdiagnosis may lead to the danger of the life of a patient. When it comes to life, laws may take into consideration the claimant’s “would have” and “could have”.
3. Unsuitable dental treatment could refer to the treatment given over a long period of time or such a treatment that ultimately resulted in various serious complications. This shows the dentist used inadequate dental treatment techniques instead of using the common procedures for treating dental conditions.
4. Inadequate use of dental equipment/Devices, radiology, or imaging. This can be also considered a part of misdiagnosis.
5. Unable to provide preventive advice eventually leading to unavoidable dental treatment. It’s the duty of a dentist to always advise the best solution instead of thinking of only financial gains by suggesting an unnecessary treatment.
6. Failure to remove any foreign object used during treatment which is not planned/supposed to be inside.
Dental negligence claims are assessed differently. The compensation may depend on the level of negligence. Hence, the claims and compensation can be different in similar appearing dental negligence claims. Sometimes minute details like the common human behavior or reputation of a dentist are also taken into account. A dentist with a very good track record may be awarded a bit leniency. Again, it all depends on the damage done. A faulty treatment posing danger to life may lead to serious punishments and higher compensation.
1. INJURY DUE TO OWN NEGLIGENCE: Sometimes a patient’s negligent behavior may lead to self-injury. Some patients may not take the guidelines seriously and unintentionally end up hurting themselves. And in such a case, they can’t just put all the blame on the dentist.
2. DENTAL RECORDS: This may include going through the claimant’s dental history. If it’s found that a dental condition is reoccurring at regular intervals on itself or if the patient has tried to make similar claims in the past to other dentists as well. Again, lawmakers are very strict against false accusations.
3. INTENSITY OF INJURY OR PAIN: The intensity of damage caused directly affects the compensation amount. The more physical injury a patient has suffered, the more the compensation it will lead to.
4. PARTIAL OR FULL COMPENSATION:- Sometimes the claimant is eligible for full expenses recovery from the faulty dentist for the correcting treatment from another dentist. The faulty dentist also needs to refund the cost incurred for negligence treatment.
5. PSYCHOLOGICAL DAMAGE:- The most complex aspect of dental negligence is claiming for psychological damage or trauma suffered, and it happens only if you are able to prove that dental negligence has caused you to suffer from psychological trauma specifically.
6. DAMAGE CAUSED FOR LONG TERM:- The duration of the symptoms is another factor directly affecting the compensation. Whether the damage caused long term complications or they lasted for a short period. The intensity and duration of pain are all that leads to higher compensations. Longer the time of symptoms, the higher the compensation.
7. TIME TAKEN IN FILING DENTAL NEGLIGENCE CLAIM:- The claimant has to make sure that the dental negligence claim is filed within two years of the “date of knowledge”. In Dental Negligence Claims, the “Date of knowledge” is the day or date on which the injury was sustained. Time is a crucial factor. The claimants may need to justify the reason of the delay in filing dental negligence claims if they took too much time in filing a claim. Healed injury overtime may faint chances of compensation. After two to three years are passed, one may no longer be eligible to file a claim.
8. INFORMED CONSENT: A dentist should inform his patients about the risks, possible complications, and side effects involved. If a dentist has already indicated possible complications for surgery and got informed consent, then a claimant can’t file dental negligence compensation. Especially if the damage caused is as per the already provided information and granted consent for. However, if the claimant suffers an injury way more than he provided consent for or the complications lead to serious consequences, then he can file a dental negligence claim. Hence, one should always read the consent documents carefully.
9. CONSULTATION WITH PROMINENT DENTISTS:- Its assessed whether the dentist followed the required standard of care. Other dentists are consulted to assess the average skills of the dentist at fault and whether such damages are unavoidable in provided circumstances.
1. Cosmetic Dentistry
2. Tooth extraction
3. Dental Implantation
5. Restorative Dentistry
6. Root Canal Treatment
7. Removal of wisdom teeth.
A lot of people are not aware of claims and their rights. If you have suffered pulling out the wrong tooth, bad fillings, tooth nerve damage, or anything else, don’t delay and consult a Personal injury lawyer to start with the dental negligence claims formalities.
At Claimline365, we have helped a lot of people in filing dental negligence claims or Personal Injury claims. Our experts will guide you and help in assessing your dental negligence claim and provide the best advice for you.
If you have experienced dental negligence then contact our friendly team today on 0203 813 9654 or simply fill out our contact form and we will call you back as soon as possible