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Compensation Claims in Dental Negligence

Compensation Claims in Dental Negligence

No-one particularly relishes the thought of a trip to the dentist, whether that’s due to the inconvenience of a morning off work, footing a large bill, or an intense fear of injections(!) but despite this, everyone should be able to be comforted by the knowledge that they will be well looked after by a professional and experienced dentist. What happens when this isn’t the case?

Types of dental negligence

Every medical professional owes you this duty of care, this includes dentists, orthodontists and anyone responsible for your care in a dental procedure. If the professional has breached this duty of care, i.e. if they act negligently or inappropriately when performing procedures, you may be entitled to make a claim. This applies to all NHS and private dentistry work.

There is a non-exhaustive list of things that could “go wrong” at the dentist, including the following:

  • Extraction of the wrong tooth
  • Unnecessary extraction of a tooth
  • Damage to teeth
  • Misdiagnosis
  • Failed procedures such as root canal
  • Incorrect or unnecessary procedures
  • Wrongful anaesthesia

Effects of dental negligence

If you have been the victim of a dental professional breaching their duty of care during your appointment, there may be residual effects which can range from mild to severe. In order to make a successful claim, the damage suffered needs to be as a direct consequence of the breach of duty of care.

Again, there is a non-exhaustive list of damage that could occur as a result of dental negligence. Here are some examples:

  • The cost of a further corrective procedure
  • Prolonged pain and suffering
  • Prolonged swelling
  • Permanent disfigurement
  • Permanent numbness
  • Recurrent infections

Financial Compensation

The amount of compensation that you may be entitled to will vary from case to case. The amount will depend on:

  • The nature of the claim, i.e. wrongful procedure, tooth extraction, misdiagnosis etc.
  • The severity and longevity of the injury arising from the negligence and the impact on daily life
  • Any further treatment required and the cost and recovery time of any such procedure.

Please note that you have 3 years from the date of the negligence or the date of your knowledge of the negligence to bring a claim.

If you want further information about this topic or wish to discuss the possibility of bringing a claim for Clinical Negligence, or indeed any other type of injury, contact Swain & Co on 02392 483322.

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