When it comes to our oral health, we place a great deal of trust in the hands of dental professionals. However, when that trust is breached due to substandard care, the consequences can be both painful and lasting. In the UK, individuals who suffer harm as a result of dental negligence have the right to seek compensation – and our team at Elite Law Solicitors are here to help. This article provides an essential guide to understanding what constitutes dental negligence, how to effectively pursue dental negligence claims and the types of compensation that might be available.
If you believe you have a claim for dental negligence, get in touch with one of our experienced clinical negligence solicitors today by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or by completing our Free Online Enquiry Form.
What is classed as Dental Negligence?
In the UK, dental negligence involves instances where the care provided by a dental professional falls below the accepted standard of practice and causes harm or injury to a patient. Here are several scenarios that are typically classed as dental negligence:
Improper treatment
This encompasses any dental procedure that is carried out incorrectly or unsafely, resulting in pain, damage, or the need for additional treatment. Examples include poorly performed fillings, extractions, or root canal treatments that lead to complications such as infections or nerve damage.
Failure to diagnose or misdiagnosis
A dentist’s failure to recognise a dental condition, or diagnosing it incorrectly, can lead to a lack of necessary treatment, or incorrect treatment, which can exacerbate the condition. This might include failing to diagnose oral cancer, gum disease, or other oral health issues that, if caught early, could be treated more effectively.
Lack of informed consent
Dental patients must be given sufficient information about the risks and benefits of a proposed treatment, alternatives to the proposed treatment, and what might happen if treatment is not carried out. If a dental professional fails to obtain informed consent before a procedure that results in harm, this can be considered negligence.
Inadequate follow-up care
After any dental procedure, adequate follow-up is essential to ensure the patient is healing properly and to manage any complications. Negligence may be claimed if a dentist does not provide appropriate follow-up care, leading to adverse outcomes for the patient.
Substandard hygiene practices
This form of negligence involves the failure to follow required hygiene protocols, potentially leading to infections or the transmission of diseases within the dental practice.
Recognising these forms of dental negligence is the first step in determining whether you have a valid dental negligence claim. If you or someone you know has experienced these issues, consulting our team at Elite Law Solicitors can provide clarity and guidance on how to proceed with dental negligence claims.
How do I know if I can claim for Dental Negligence?
Determining whether you can claim for dental negligence involves looking at the specifics of your circumstances. Understanding this can help you assess whether your experience might warrant a legal claim. We will look out for things such as:
Negligence
To have a valid dental negligence claim, you must demonstrate that the dental professional breached the duty of care owed to you. This involves showing that their conduct fell below the standard expected of a competent dental professional under similar circumstances and that this misconduct directly caused your injury or worsened your condition.
Causation and harm
A key part of any dental negligence claim is proving causation – that is, there must be a direct link between the dentist’s negligence and the harm you suffered. This could include physical pain, psychological trauma, additional medical costs, and other losses. The harm must be significant enough to justify legal action, not just minor or transient discomfort.
What are the steps for bringing Dental Negligence Claims?
Pursuing dental negligence claims can be a complex process, but with our help at Elite Law Solicitors, every stage is simple and stress-free. With our help, you can build a strong case and drastically improve your chances of a successful claim. Below are the key steps involved in bringing a dental negligence claim in the UK:
Step 1: Initial consultation
The first step is to consult with one of our solicitors at Elite Law Solicitors. They will be specialists in dental negligence and can discuss the details of your case with you, including the dental treatment you received, the nature of the negligence, and the impact it has had on your health and life.
Step 2: Gathering evidence
We will help you gather all necessary evidence to support your claim. This includes medical records, dental records, photographs of the injuries, statements from witnesses, and receipts for any treatments related to the negligence. This evidence will be used to establish that the dental professional’s actions were negligent and caused you harm.
Step 3: Getting a medical expert’s opinion
An independent medical expert in dentistry may be consulted to review your case and provide a professional opinion on whether the treatment you received fell below the expected standard of care and directly caused your injuries. This expert report can be helpful as it reinforces the foundation of your claim.
Step 4: Sending a Letter of Claim
Once we have gathered sufficient evidence and an expert opinion, we will draft a Letter of Claim. This letter outlines the details of your claim, the nature of the negligence, the injuries and losses suffered, and the compensation being sought. It is sent to the dental professional or their insurance company, who will have a set period (usually four months) to respond.
Step 5: Negotiating settlement
After the defendant (the dentist or dental practice) receives the Letter of Claim, they will conduct their own investigation. If they accept responsibility, we will enter into negotiations to agree on a suitable amount of compensation. Most dental negligence claims are settled out of court.
Step 6: Litigation
If the defendant denies liability or an acceptable settlement cannot be reached, we may advise you to take the case to court. Court proceedings can be lengthy and complex, so this step is generally taken as a last resort. We will prepare your case for trial, including arranging for witnesses and expert testimony to support your medical negligence claim.
Step 7: Receiving compensation
If your dental negligence claim is successful, either through settlement or a court verdict, you will receive compensation for your injuries and any other losses attributed to the negligence. This compensation can cover medical expenses, loss of earnings, pain and suffering, and other relevant damages.
How long do Dental Negligence Claims take?
The duration of dental negligence claims in the UK can vary significantly depending on several factors, including the complexity of the case, the defendant’s response, and whether the claim settles or goes to trial. On average, straightforward dental negligence claims may be resolved within 12 to 18 months. However, complex cases, especially those that go to trial, can take several years to conclude.
Is there a time limit for bringing Dental Negligence Claims?
There is a specific time limit within which you must initiate dental negligence claims in the UK. This time constraint is known as the ‘limitation period’. Understanding this limitation period is important because failing to commence legal proceedings within this timeframe can render you ineligible to pursue compensation, regardless of the merits of your case.
Standard limitation period
The general rule for dental negligence claims is that you have three years from the date of the incident, or from the date you first became aware of the fact that the injury was caused by negligence, to start legal proceedings. This rule is intended to ensure that cases are brought to attention while evidence is still relatively fresh.
Date of knowledge
In some instances, the effects of dental negligence may not be immediately apparent. In these cases, the three-year limitation period starts from the ‘date of knowledge’ – the point at which you either noticed symptoms related to the negligence or were informed by another professional that your ongoing dental issues were likely caused by previous treatment.
Exceptions to the rule
There are several exceptions to the standard limitation period that you should be aware of. These include:
- Minors: If the person affected by dental negligence is under the age of 18, the three-year limitation period does not start until their 18th birthday. This means they have until their 21st birthday to make a claim.
- Mental capacity: If the injured party lacks the mental capacity to manage their own legal affairs, the three-year limitation may not apply until (if ever) they regain capacity.
- Fatal cases: If dental negligence leads to the patient’s death, the three-year period will start from the date of death, providing a new window for the deceased’s estate or family members to make a claim.
Can I bring a claim against an NHS dentist?
Yes, you can bring dental negligence claims against an NHS dentist if you believe that you have received substandard care which has led to harm or injury. Pursuing a claim against an NHS dentist involves a process that is somewhat different from claiming against a private practitioner due to the structure of the NHS and the way it handles complaints and legal claims.
NHS dentists are public health professionals, and thus any claims made against them are technically claims against the NHS itself. The National Health Service has a specific framework in place for dealing with complaints and legal actions, which includes a clear pathway for patients seeking redress for negligence.
How much compensation can I expect to receive for Dental Negligence Claims?
The amount of compensation you can expect to receive from dental negligence claims varies widely depending on the specifics of the case. The main factors that influence compensation for your claim include:
Severity of injury
Compensation is closely tied to the severity and permanence of the injuries sustained. More severe and long-lasting injuries typically result in higher compensation amounts. For instance, compensation for a botched procedure that results in permanent nerve damage will be higher than for a temporary injury that fully heals over time.
Impact on quality of life
If dental negligence has led to significant changes in your lifestyle, such as an inability to enjoy hobbies or activities you once participated in, this loss of amenity can be factored into the compensation.
Financial losses
This includes any past or future losses directly related to the negligence. It covers costs such as medical expenses, travel expenses and potential loss of earnings.
Pain and suffering
Compensation for physical pain and emotional distress directly resulting from the injury is also considered. This is typically assessed based on the extent and duration of suffering.
How is compensation calculated for Dental Negligence Claims?
Calculating compensation in dental negligence claims involves a detailed assessment of the consequences of the negligence on the patient’s life. The objective is to financially compensate the injured party for their losses and suffering. The calculation is based on several components, each designed to address different impacts of the negligence.
The Judicial College Guidelines (JCG) provide a framework with suggested compensation ranges for various injuries in the UK. Lawyers and courts use these guidelines to estimate general damages based on similar past cases. These general damages, alongside special damages, have been outlined below:
General damages
General damages compensate for the pain, suffering, and loss of amenity experienced by the patient. This includes both physical pain and psychological impact. The severity and duration of the injury largely determine the amount.
Special damages
Special damages are awarded to cover financial expenditures and losses directly linked to the negligence. These are quantifiable costs and can include medical expenses, loss of earnings, travel expenses and care costs.
Can I make a No Win No Fee claim?
Elite Law Solicitors offer you the option to pursue dental negligence claims on a “No Win, No Fee” basis. This arrangement, also known as a Conditional Fee Agreement (CFA), allows you to seek legal representation without any upfront costs.
What is a no win, no fee agreement?
A no win, no fee agreement means that you will not be required to pay your solicitor’s fees unless your claim is successful. If the claim is unsuccessful, you will not pay any fees to your solicitor for their services. If the claim is successful, your solicitor will charge a success fee, which is usually a percentage of the compensation awarded.
Will I need to go to Court?
The prospect of going to court can be daunting, but most dental negligence claims in the UK are settled before reaching this stage. However, most dental negligence cases are resolved without the need for a court trial. Both parties often prefer to settle claims out of court to avoid the costs, risks, and public exposure that come with a trial. Solicitors from both sides will typically engage in settlement negotiations to try to reach an agreeable resolution.
However, there are circumstances where going to court becomes necessary, such as:
- Dispute over liability: If the dentist or their insurance company denies liability and disputes the claims made against them, proving negligence may require a court’s intervention.
- Disagreement on compensation: Even if liability is accepted, there can still be disagreements over the amount of compensation. If these cannot be resolved through negotiations, a court may need to decide the amount.
- Complex cases: Some cases involve complex medical evidence or legal issues that require the detailed scrutiny of a court.
Will I need to instruct a solicitor to pursue a Dental Negligence Claim?
Pursuing a dental negligence claim can be complex and challenging, especially when it comes to understanding medical evidence and legal principles. While it is not legally required to instruct a solicitor to handle your claim, doing so can significantly increase your chances of success and ensure that your claim is handled professionally and efficiently. By working with experienced medical negligence solicitors you will benefit from:
Expertise in dental negligence law
We specialise in dental negligence claims and have a deep understanding of the laws and regulations that will affect your claim. We are skilled in navigating the legal system and understanding the nuances of medical evidence that are essential to these cases.
Case preparation and management
Specialist clinical negligence solicitors will manage all aspects of your case, from collecting and organising medical records to contacting expert witnesses who can support your claim. We ensure that all documentation is complete and filed correctly, and we manage deadlines and procedural requirements that can be difficult for someone without legal training to handle.
Negotiation skills
Most dental negligence claims are settled out of court, and our solicitor’s negotiation skills can be pivotal in securing a fair settlement. We have experience in calculating appropriate compensation and can negotiate effectively with the opposing party’s lawyers or insurers.
Representation in court
If your claim does go to court, having a solicitor is invaluable. They will represent you throughout the court proceedings, advocating on your behalf and striving to present the strongest possible case to the judge.
Where are your Dental Negligence Solicitors based?
Our specialist dental negligence solicitors are happy to undertake the initial meetings in person at one of our offices, or remotely through video calls.
In addition, and to make sure we can help as many people as possible, our team at Elite Law Solicitors has offices in multiple locations across the UK. Our offices are based in:
- Amersham
- Bath
- Bedford
- Brighton
- Ebbsfleet
- Elstead
- Hitchin
- Leighton Buzzard
- Raunds
- Southampton
- St Albans
- Surbiton
We cover the surrounding areas of these locations, so if you are unsure if we can help you based on your location just get in touch. We will be more than happy to discuss our services with you and let you know if we can help.
If you are not local to any of our offices, we are happy to undertake the initial meetings remotely through video calls.
How Elite Law Solicitors can help
How Elite Law Solicitors can helpWhen pursuing a dental negligence claim, having specialised legal support is often the deciding factor for a successful case. At Elite Law Solicitors, our medical negligence solicitors offer expert assistance tailored to the nuances of dental negligence, providing you with a comprehensive and client-focused approach to your claim.
With our help, you will have legal experts in your corner to navigate your claim to success. Our work is tailored to meet your exact needs, so you get to enjoy a personalised service that helps you directly. Our team will cover all of the legal aspects of your claim for you, from preparing your case to representing you in court if necessary. We keep you informed at every step of the process and are always available to answer your questions and address your concerns, helping to make the legal process as stress-free as possible.
Speak to a Clinical Negligence Solicitor today
Dino Enahoro is an experienced Clinical Negligence Solicitor and the Head of our Clinical Negligence Department; he has many years of experience in dealing with a range of medical negligence claims including, but not limited to:
- Brain Injury Claims
- Birth Injury Claims
- Cerebral Palsy Claims
- Eye Injury Claims
- Cancer Misdiagnosis Claims
- Sepsis Claims
- General Medical Negligence
- Wrongful Birth
If you have any questions regarding pursuing medical negligence claims or would like to get started, please contact our medical negligence solicitors today by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or by completing our Free Online Enquiry Form.
