Taking Legal Action Against a Private Dentist

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.