When trust is breached in the dental chair, patients may find themselves grappling with the aftermath of dental negligence. If you believe you have been a victim of substandard care from a private dentist, taking legal action may be a necessary step towards seeking justice and compensation. This guide provides an overview of the process involved in pursuing a dental negligence claim against a private dentist.

Gather Evidence:

The foundation of any dental negligence claim lies in solid evidence. Collect all relevant documents, including your dental records, photographs, and any correspondence with the dentist. This evidence will be crucial in establishing the facts of the case.

Consult a Solicitor:

Consult with a solicitor specialising in dental negligence cases. They will assess the strength of your case, help you understand your rights, and guide you through the legal process.

Establish Breach of Duty:

To succeed in a dental negligence claim, it must be proven that the dentist breached their duty of care. This involves demonstrating that the standard of care provided fell below what is expected from a reasonably competent dentist.

Determine Causation:

Establishing a causal link between the dentist’s actions and the harm suffered is essential. Your solicitor will work with medical experts to assess whether the negligence directly contributed to your injuries or complications.

Follow Pre-Action Protocols:

Before initiating formal legal proceedings, pre-action protocols must be followed. This involves notifying the dentist or their practice of your intention to make a claim and giving them an opportunity to respond.

Issuing a Formal Claim:

If a resolution cannot be reached during the pre-action phase, your solicitor may proceed to issue a formal legal claim. This involves submitting documents to the court, outlining the details of the case and the compensation sought.

Negotiation and Settlement:

In many cases, dental negligence claims are resolved through negotiation between the parties. Your solicitor will engage in discussions to reach a fair settlement. If an agreement is reached, the case can be concluded without going to court.

Compensation and Damages:

If successful, you may be awarded compensation for the harm and losses you have suffered as a result of dental negligence. This can include medical expenses, pain and suffering, and other financial losses.

If you believe you have been a victim of gross negligence, seeking legal advice is essential. Understanding your rights and having a clear picture of the evidence will empower you to take appropriate action and seek justice for any harm caused by your dentist’s actions.

Our Dental Negligence team has decades of combined experience in successfully advising and representing clients in dental negligence cases.

We are sympathetic, understanding, and are here to help you every step of the way.

Contact us today to discuss your claim.

When patients experience dental negligence understanding the timeline of a dental negligence claim is crucial for those seeking resolution and compensation. Several factors contribute to the duration of such claims. This guide aims to shed light on the general timeline of a dental negligence claim.

Initial Investigation:

The process begins with gathering evidence and conducting an initial investigation: collecting medical records, consults dental experts, and evaluates the merits of the case.

Pre-action Protocols:

Before filing a formal claim, solicitors follow pre-action protocols, which involve notifying the defendant (the dentist or dental practice) about the intended legal action. This stage allows for the exchange of information and encourages settlement discussions.

Issuing a Claim:

If an agreement cannot be reached during the pre-action phase, the solicitor may proceed to issue a formal legal claim. The time taken to file a claim varies but generally falls within a few months after completing pre-action protocols.

Defendant’s Response:

Once the claim is issued, the defendant has a limited time to respond. Their response may involve admitting liability, contesting the claim, or negotiating a settlement. This stage can extend the timeline depending on the complexity of the case and the willingness of the parties to negotiate.

Gathering Expert Opinions:

Both parties may engage independent dental experts to provide opinions on the standard of care and the alleged negligence. This process adds time to the overall duration of the claim, as scheduling expert assessments and obtaining their reports can take several months.

Settlement Negotiations or Court Proceedings:

Many dental negligence claims are resolved through negotiation without proceeding to court. If the parties reach an agreement, the case can be settled, concluding the process. However, if an agreement cannot be reached, court proceedings may be initiated, leading to a more extended legal process.

Trial and Judgment:

If the case goes to trial, the court will hear arguments from both sides, and a judgment will be delivered. The duration of the trial and the time it takes for the court to reach a decision vary. This phase can extend the overall timeline significantly.

Conclusion:

The timeline for a dental negligence claim is influenced by various factors, including the complexity of the case, the willingness of the parties to settle, and the court’s schedule if the case goes to trial. While some claims may be resolved within a year, others could take several years to reach a conclusion.

It’s essential for individuals pursuing dental negligence claims to be patient, stay informed about the progress, and work closely with experienced solicitors who can guide them through the legal process.

If you believe you have been a victim of gross negligence, seeking legal advice is essential. Understanding your rights and having a clear picture of the evidence will empower you to take appropriate action and seek justice for any harm caused by your dentist’s actions.

Our Dental Negligence team has decades of combined experience in successfully advising and representing clients in dental negligence cases.

We are sympathetic, understanding, and are here to help you every step of the way.

Contact us today to discuss your claim.

Trusting your dentist with your oral health is essential, but there are instances where the standard of care may fall short, leading to concerns about gross negligence. Gross negligence in dental care goes beyond simple mistakes and involves a severe breach of the duty of care owed to patients. This guide aims to help you understand how to assess and identify gross negligence by your dentist.

Understanding Gross Negligence:

Gross negligence involves actions or omissions by a dentist that go far beyond what is considered reasonable or acceptable in the field. It typically indicates a carless disregard for the safety and well-being of the patient, leading to significant harm.

Evaluate the Standard of Care:

To establish gross negligence, it’s crucial to assess whether the dentist failed to meet the standard of care expected within the profession. This involves comparing the dentist’s actions to what a reasonably competent and skilled dentist would have done in similar circumstances.

Review Medical Records:

Examine your dental records thoroughly. Look for evidence of errors, omissions, or substandard practices. If there are indications of procedures not performed correctly or if essential information is missing, it may suggest negligence.

Consult Another Dental Professional:

Seek a second opinion from another dental professional. An independent assessment can provide valuable insights into whether the treatment you received deviates significantly from accepted standards. A qualified dentist can offer an expert opinion on whether gross negligence occurred.

Identify Harm or Consequences:

Gross negligence often results in severe harm or consequences for the patient. If you have experienced significant pain, complications, or the need for additional corrective procedures due to your dentist’s actions, it may indicate gross negligence.

Consider Lack of Informed Consent:

If your dentist failed to obtain proper informed consent before a procedure, it could be a factor in assessing gross negligence. Patients have the right to be fully informed about potential risks, benefits, and alternatives before consenting to any dental treatment.

Legal Consultation:

If you suspect gross negligence, consult with a solicitor experienced in dental negligence cases. They can assess the specifics of your situation, provide legal advice, and guide you on the appropriate steps to take.

Document the Timeline:

Create a timeline of events, detailing the dental procedures, any issues or concerns, and subsequent consequences. This timeline can serve as valuable evidence in a potential legal case.

Conclusion:

Determining gross negligence by your dentist requires a careful examination of the circumstances surrounding your treatment.

If you believe you have been a victim of gross negligence, seeking legal advice is essential. Understanding your rights and having a clear picture of the evidence will empower you to take appropriate action and seek justice for any harm caused by your dentist’s actions.

Our Dental Negligence team has decades of combined experience in successfully advising and representing clients in dental negligence cases.

We are sympathetic, understanding, and are here to help you every step of the way.

Contact us today to discuss your claim.

Dental care is an integral part of maintaining overall health, and patients trust dental professionals to provide them with quality care. However, like any other medical field, dental practices are not immune to instances of negligence.

Dental negligence is a serious concern that can lead to various consequences for patients.

Let’s go into some of the most common types of dental negligence.

• Periodontal Disease (gum disease): If your dentist fails to diagnose and treat gum disease can lead to loss of teeth and many other sever health risk.
• Root Canal Treatment: If the procedure was not performed to an acceptable standard, particularly if sodium hypochlorite (the bleach the dentist uses) escapes during the process.
• Tooth Extraction: Common poor outcome of tooth extraction includes – wrong tooth extraction, broken jaw.
• Tooth Implant Negligence: If you have had a failed implant procedure, it could have been caused by negligence if you have experienced any of the following issues:
  • Implant without treating periodontal (gum) disease.
  • Not enough bone to have an implant to secure the implant.
  • Wrong angle – A dental implant needs to be placed straight into the jaw to ensure it’s in the correct position. If it is placed at an angle in any direction, it will lead to future implant problems and likely, a dental implant failure.
  • Tooth implant too close to other tooth, meaning it required removal and replacement with a new implant.
• Crowns, veneers, or bridge fitted negligently: Where a patient has crowns and/or bridges placed, there are a number of ways in which negligent crown and bridgework may be provided.
  The key purpose of this type of restorative dentistry is to maintain or improve the teeth’s function. If your function has been affected following the provision of crowns and/or bridges, then you may also have a claim.
• Negligence Orthodontics, including:
  • o A failure to provide the appropriate type of treatment.
  • A failure to appropriately manage the treatment once underway.
  • A failure to commence treatment in a timely manner.
• Negligent Composite Bonding, including:
  • Providing treatment when unnecessary or when unsuitable.
  • A failure to carry out treatment to the appropriate standard, including poor fit or poor aesthetics.
  • Substandard treatment resulting in premature replacement.

If you’ve suffered from preventable pain or injury after substandard dentistry, you have the right to claim against the dentist/dental hygienist who treated you.

Our Dental Negligence team has decades of combined experience in successfully advising and representing clients in dental negligence cases.

We are sympathetic, understanding, and are here to help you every step of the way.

Contact us today to discuss your claim.