Dental treatment can be expensive and stressful, so when it goes wrong, you may need help to gain compensation. The experts from Dental Law Partnership examine the issues
Under what circumstances might I need to make a negligence claim?
Some of the main reasons people make a claim against their dentist or dental practice include:
– Misdiagnosis, late diagnosis or failure to diagnose a dental condition like dental decay or gum disease, which results in avoidable injury, pain or suffering
– Failure to treat a dental problem
– Failure to obtain consent to treatment
– Injury caused by a poorly performed dental procedure like failed root canal work or carelessness in providing the treatment
– Financial loss because of having to pay for corrective treatment due to mistakes made by your dentist
– Physical and psychological trauma suffered because of dental negligence
How long do I have to make a dental negligence claim?
You have three years from the date negligence occurred, or when you first became aware of the negligence to make your claim. There are exceptions for this, you can read more about these on our website. Dental negligence claims can take a considerable time to achieve a pay out of compensation; therefore, it’s always recommended that those who feel they might have a claim, should seek expert dental legal representation as soon as possible.
Does this apply to both NHS and private dentistry?
Whether you’re an NHS or a private dental patient, if you’ve received negligent treatment or care from your dentist, then you may be eligible to make a claim against them. If the negligent dental treatment happened in an NHS hospital, you would be bringing a claim against the NHS trust in these circumstances.
What can I expect from the claims process?
Every situation is different, the case proceedings will depend largely on your own individual circumstances. However, there is general claims process we follow, which may give you more of an idea of what to expect:
1. Initial enquiry
2. Dental Records – If your claim is accepted, your case will be passed onto one of our paralegals to gather your dental records and establish a timeline of events.
3. Clinical assessment – Our in-house dento-legal advisors, who are all fully qualified and highly experienced dentists, will then assess your claim.
4. Solicitors – If your claim is strong enough to pursue, it will then be handled by one of our specialist solicitors to prepare your case for negotiations.
5. Negotiations – In most cases your claim will be resolved during this stage. However, if negotiations fail, the case may need to enter court proceedings. If this happens, our specialist solicitors will go through the next steps with you.
6. Settlement – Your claim will settle, and you will receive your compensation.
We will always endeavour to achieve a negotiated settlement of your dental negligence claim.
How does a “no win, no fee” agreement work?
Otherwise called a ‘conditional fee’ — this means, if your dental negligence claim fails you will not be charged or liable to pay anything. You will also not be required to pay anything upfront. If your claim succeeds, regardless of your settlement amount, you will always receive 70% of your compensation, and a share of any compensation will be paid to your solicitor towards legal fees. For more information on how our ‘no win, no fee’ agreement works, visit our website.
How long is a dental negligence claim likely to take?
This tends to vary on a case-by-case basis, but the average dental negligence claim might take between 18 and 24 months to be settled. It has also been known for medical negligence claims to take up to three years. This can depend on whether the dentist admits the negligence or not. However, if the dentist does not accept responsibility or denies negligence the claim may take longer to work through before negligence is established and clients’ compensation is secured.
Will I have to appear in court to pursue a claim?
While you might be required to do this, it is very unlikely. Most dental negligence claims are settled before a court appearance is needed. Even if your case does enter court proceedings, it is not certain that you will need to attend court.
What is the average amount of compensation I can expect?
The amount of compensation you could receive for a successful dental negligence claim will depend on several factors including:
• The nature of the claim and type of negligence.
• The severity/ longevity of the injury, pain and suffering experienced, because of the dentist’s action or inaction. If you have been permanently harmed during clinical negligence, you may be entitled to more compensation.
• The extent and cost of corrective treatment that is required
The average pay out for a dental negligence claim can vary from £2,000 upwards with some clients awarded more than £90,000 in compensation, dependent on the severity of the case.
What’s the story behind Dental Law Partnership?
Founded in 2000 by Managing directors David Corless-Smith and Christopher Dean, who are both qualified dentists and solicitors, the company has grown to become market leaders, providing high quality legal representation exclusively for patients who have received negligent treatment from their dentist in England or Wales.
David Corless-Smith practised dentistry for ten years before becoming a solicitor. David is also a unregistered barrister, showing that he has many talents within the field of law. David has also written extensively on dento-legal matters and was the founding President of the UK Dental Law and Ethics Forum.
Christopher Dean is a qualified dentist and solicitor, as well as an unregistered barrister. As well as his work with the Dental Law Partnership, Christopher was the founding chairman of the UK Dental Law and Ethics Forum and co-wrote the Dental Surgery chapter in the definitive practitioner work, ‘Clinical Negligence’’. Chris is also the author of many articles in the field of dental law and ethics.
Where can I find out more about Dental Law Partnership?
You can visit our website www.dentallaw.co.uk for more information, where you can find client stories, about us, testimonials and client reviews, dental and legal guide, claims processes, blog posts and more.
It can be difficult to know where to start when you want to go through the dental negligence claims process, but we’re here to help you every step of the way. As the UK’s leading legal dental partnership, we’re well versed in matters of dentistry and the law, able to get you the justice you deserve.
