Dental Negligence Claim: Seeking Compensation and Justice for Dental Malpractice

Dental health is a critical component of our overall health and well-being. When seeking dental care, we place immense trust in the hands of dentists and their teams, expecting a high standard of care. But sadly, there are instances where this trust is breached, leading to dental negligence.

If you have been a victim of medical negligence at the hands of your private dentist or a dentist on the National Health Service (NHS), we can help you secure compensation with a dental negligence claim.

Medical Negligence Examples

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Understanding What Constitutes Dental Negligence

Dental negligence, also known as dental malpractice, occurs when a dental professional fails to provide the standard of care expected. This can encompass a range of situations, from misdiagnoses and improper procedures to failure in providing adequate post-operative care.

When these breaches in care result in harm or injury to the patient, it constitutes dental negligence.

The Impact of Dental Malpractice

The repercussions of dental malpractice extend far beyond physical discomfort. They can lead to prolonged pain, extensive treatment, and even permanent damage. Beyond the physical, dental negligence can also have emotional and financial consequences for the affected individual.

Recognising the impact is crucial in seeking both justice and appropriate compensation.

Types of Dental Negligence Cases

Dental negligence claims can arise from a variety of situations, including but not limited to surgical errors, misdiagnoses, delayed treatment, improper extractions, nerve injuries, and even cases of mismanagement of anaesthesia. Each case is unique and requires a thorough assessment by legal experts experienced in dental malpractice.

Common types of dental negligence that lead to a dental negligence claim include:

  • Extraction of the wrong tooth
  • Missed or delayed diagnoses or misdiagnoses of decay, periodontal disease, mouth cancers
  • Carelessness by the dentist such as using faulty or expired equipment that can lead to injury
  • Improper treatment plans
  • Failure to provide hygienic treatment conditions
  • Poor imaging or radiology
  • Administering the wrong prescription or drugs
  • Not informing the patient of the risks involved in the treatment
  • Inability to provide an acceptable result after cosmetic dentistry

Misdiagnosis and Dental Malpractice

Misdiagnosis in dental care can have significant consequences. It can lead to unnecessary treatments, delayed interventions, and even exacerbate existing conditions. Recognising when misdiagnosis constitutes dental malpractice is a crucial aspect of pursuing a claim.

How Dental Negligence Can Result in Injuries

Dental negligence can encompass a range of situations where a patient experiences harm due to substandard care or treatment. This can include misdiagnoses, improper procedures, or failure to adhere to the standard of care expected of dental professionals.

Below are some of the kinds of injuries that can arise from dental negligence and for which you can bring a claim:

  • Nerve damage
  • Loss of a healthy tooth
  • Permanent injury to the teeth or gums
  • Mouth cancer

Benefits of Pursuing a Dental Negligence Claim

Pursuing a dental negligence claim is not only about seeking compensation for the harm endured, but it also serves broader purposes that resonate within the healthcare community. Here are some key benefits:

  • Potential Compensation and Justice: A successful dental negligence claim can result in financial compensation for the patient, covering medical expenses, rehabilitation costs, and other related damages. Moreover, it brings a sense of justice to patients who have suffered due to dental malpractice.
  • Encouraging Improved Dental Healthcare Standards: When cases of dental negligence are pursued, it sends a powerful message to the dental community about the importance of maintaining high standards of care. It acts as a catalyst for continuous improvement in the quality of dental healthcare.
  • Protecting Future Patients: By holding negligent dentists accountable, it helps protect future patients from experiencing similar harm. It encourages dentists and dental teams to be more diligent in their practices, thereby preventing potential harm.
  • Raising Awareness: Dental negligence claims raise awareness about the potential risks associated with dental procedures. This increased awareness empowers patients to be proactive in seeking second opinions and asking questions about their treatment plans.

Dental Negligence Lawsuits: What to Expect

When pursuing a dental negligence claim, it’s important to understand the process that lies ahead. These lawsuits typically begin with a thorough review of the case details, including the treatment provided and any resulting injuries. This forms the foundation for building a strong case. From there, the legal team will gather evidence, consult with experts, and, if necessary, file a lawsuit. Throughout the process, communication between the legal team and the client is crucial, ensuring that the claimant is informed and involved every step of the way.

Key Steps in a Dental Negligence Claim

Pursuing a dental negligence claim involves several crucial steps, each playing a pivotal role in building a strong case:

  • Choosing a Dental Negligence Lawyer or Solicitor: This is a critical decision. An experienced dental negligence lawyer will have a deep understanding of dental procedures, standards of care, and the legal nuances involved. They will guide the patient through the entire claims process.
  • Gathering Evidence and Case Details: Comprehensive documentation is vital. This includes detailed records of dental appointments, treatment plans, photographs, X-rays, and any communication with the dental team. Expert opinions and witness testimonies can also significantly strengthen the case.
  • Establishing Negligence: Building a case involves demonstrating that the dental professional’s actions deviated from the standard of care expected in the dental community. This requires expert testimony and a thorough review of the patient’s treatment history.
  • Filing the Claim: Once the evidence is compiled and negligence is established, the formal claim is filed. This initiates the legal proceedings.
  • Negotiation and Settlement: In many cases, the parties involved may negotiate a settlement before going to court. This can expedite the process and provide the patient with timely compensation.
  • Court Proceedings (if necessary): If a settlement cannot be reached, the case may proceed to court. A skilled dental negligence lawyer will represent the patient’s interests throughout the trial.

Understanding the Standard of Care in Dentistry

In dental negligence claims, the “standard of care” refers to the level of skill, expertise, and diligence that a competent dentist is expected to provide. This standard is established by considering what a reasonable and prudent dental professional with similar training and experience would do in similar circumstances.

To successfully prove a dental negligence claim, it must be demonstrated that the treatment provided fell below this accepted standard. This involves a careful evaluation of the specific circumstances surrounding the case, including the nature of the treatment, the patient’s individual needs, and accepted dental practices.

Proving a Breach in the Standard of Care

Proving a breach in the standard of care requires a comprehensive review of the treatment provided and a comparison to what would be considered acceptable by industry standards. Expert testimony from qualified dental professionals is often essential in demonstrating that the care provided deviated from the expected level of competence.

This breach is a pivotal factor in establishing dental negligence and is crucial in building a strong case for compensation. It forms the basis for demonstrating that the patient suffered harm directly as a result of substandard dental care.

Expert Advice on Efficiently Managing Dental Negligence Claims

Efficiency is key in managing dental negligence claims. Experienced solicitors will employ a systematic approach, gathering evidence, consulting experts, and strategically progressing the case. This ensures that the claim moves forward in a timely manner while maintaining the highest standards of legal practice.

Seeking Compensation for Dental Injuries and Pain

For individuals who have suffered injuries or pain due to dental negligence, seeking compensation is a crucial step towards obtaining justice and financial relief. Remember, compensation can cover a range of losses, including medical expenses, ongoing treatments, lost wages, and even damages for the pain and suffering endured.

Pursuing a dental negligence claim is not only about holding the responsible party accountable, but also ensuring that the injured party receives the support they need.

The amount that you will receive as compensation is likely to depend on the seriousness of the injury or harm that you have suffered as a result of dental negligence. It also takes into account the amount you have already paid for treatment, as well as any costs you have to incur for further treatment of the damage caused to you. Travel costs related to your treatment and any lost earnings may also be covered.

Gathering and Presenting Evidence in Dental Negligence Cases

Evidence is vital in any dental negligence claim. It can include anything from comprehensive medical records and photographs to expert testimonies and other relevant documents. Presenting this evidence in a clear, compelling manner is essential to building a strong case and maximising the chances of a successful outcome.

Note that as part of putting together your claim, solicitors will need to be able to prove a number of things to establish a case of dental negligence:

  • Breach of duty: You need to prove that your dental practitioner breached their duty of care and failed to provide the adequate level of care. This is done by asking an independent expert to review dental records and consider whether a competent dental practitioner would have done (or sometimes not done) what your dentist did.
  • Causation: It must also be proven that in the absence of negligence, you would have had a better outcome, avoided pain and trauma, or avoided additional surgery. We ask an independent dental expert to consider this point.
  • Quantum: The damage done, and the compensation you are entitled to. We ask an independent dental expert to examine you and report on what you’ve been through and the damage caused. We then consider what financial losses we can claim for on your behalf.


We will explain each step of the process to you as the claim progresses and you can always ask us if you are unsure of what is happening.

Navigating the Dental Negligence Claim Journey

Navigating a dental negligence claim can be a complex process, but with the right legal team by your side, it becomes more manageable.

Experienced dental negligence solicitors and lawyers at OH Parsons can guide you through every step of the claim journey. From gathering evidence to presenting a compelling case, they ensure that no detail is overlooked and that you receive the compensation you deserve.

Call us for a free initial consultation

More About Dental Negligence Claims

“No win no fee” arrangements, formally known as Conditional Fee Agreements (CFAs), play a vital role in providing access to justice for individuals pursuing dental negligence claims. These arrangements allow claimants to seek legal representation without the financial risk of upfront legal fees.

In a dental negligence claim, this means that the solicitor or law firm representing the claimant will only be paid if the case is successful. If the claim is unsuccessful, the claimant is typically not responsible for the solicitor’s fees.

This approach levels the playing field for those who may not have the resources to cover the costs of litigation. It ensures that anyone who has suffered due to dental negligence can seek legal redress without the worry of incurring significant financial burdens.

Access to justice is a fundamental right, and it’s especially crucial in cases of dental negligence where individuals have suffered harm due to substandard care. No one should be denied the opportunity to seek compensation for injuries caused by dental malpractice simply because of financial constraints.

Dental negligence claims play a pivotal role in upholding the standard of care expected from dental professionals. By pursuing legal action, patients are demanding accountability from those responsible for their injuries.

This accountability sets a precedent within the dental community, emphasising the paramount importance of providing quality care to every patient. By discouraging substandard practices, it ultimately leads to an overall improvement in healthcare standards.

In dental negligence cases, expert testimonies play a pivotal role in establishing the standard of care and demonstrating how it was breached. These professionals bring a wealth of knowledge and experience, offering an authoritative assessment of the treatment provided. Their insights carry significant weight in court, providing an unbiased assessment of the case. In short, expert testimonies bolster the credibility of the claim and can greatly influence the outcome.

In dental negligence claims, there are various types of damages and compensation that may be pursued. These can include:

  • General Damages: Covering the pain, suffering, and loss of amenity experienced due to negligence.
  • Special Damages: Accounting for financial losses directly related to the medical negligence, such as medical expenses and lost earnings.
  • Future Damages: Anticipating ongoing costs or losses resulting from the negligence, such as future medical treatments or rehabilitation.

An experienced solicitor will work to ensure that all relevant damages are identified and pursued.

Personal injury lawyers specialising in dental negligence claims play a crucial role in guiding individuals through the legal process. They leverage their expertise to build a robust case, gather evidence, consult with expert witnesses, and advocate for fair compensation. They also serve as a source of support and guidance, providing clarity and reassurance during what can be a challenging time.

Lengtsi Curran

5/5

Chris Lewis of OH Parsons has been nothing but Professional, Courteous, Knowledgeable and PATIENT. Navigating me throughout these 4 1/2 years with prompts and good advise to a final successful conclusion.
My sincere gratitude and thanks to all involved. Would highly recommend.

Client Success Stories

We’re proud of the positive outcomes we have achieved for our clients, and their feedback speaks to our commitment to securing the maximum compensation for their injuries. 

We have successfully represented numerous clients in their claims for injuries compensation, particularly those involving serious injuries such as whiplash and spinal cord injuries. Read some of our client success stories to see how we have made a difference in the lives of those we have represented.

Man Awarded £508,000 Compensation For Injury At Work

5/5

The judge found that the claimant’s work had made a material contribution to his injury and that if it wasn’t for the injury the claimant would have continued to do this job until the age of 67 and was awarded over £508,000. 

£4.15m Settlement For Man Blinded At Work

5/5

This case settled at JSM for £4.15m, net of any deduction for alleged contributory negligence. Whilst not formally sub-divided, the award is broadly commensurate with care and assistance of over £2m, general damages of £335k, loss of earnings of £450k, accommodation of £350k, travel/transport expenses of over £200k, case management of £350k and equipment of £200k, plus lesser heads of loss. 

Airport Worker Awarded £150,000 Compensation for Personal Injury

5/5

We succeeded in obtaining a gross settlement of £150,000 for our client to compensate him for his pain and suffering, as well as his past and future financial losses. 

 

Frequently Asked Questions About Dental Negligence Claims

The duration of a dental negligence claim can vary widely depending on several factors, including the complexity of the case, the extent of the injuries, and the cooperation of involved parties. On average, a dental negligence claim may take several months to a few years to reach a resolution.

There is no fixed limit on the compensation amount for dental negligence claims. The compensation awarded is contingent on factors such as the severity of the injury, the impact on the patient’s life, and the expenses incurred due to the negligence.

If a patient suspects they have been a victim of dental negligence, it is crucial to take immediate action. The first step is to gather all relevant documents and evidence, including treatment records and photographs. Next, seek the advice of an experienced dental negligence solicitor or lawyer at OH Parsons. They will assess the case, guide you through the necessary legal processes, and ensure your rights are protected.

Dental negligence encompasses situations where a dentist or dental professional fails to meet the standard of care expected in the profession, resulting in harm or injury to the patient. This can manifest in various ways, such as misdiagnoses, treatment errors, or failures in providing appropriate care.

The impact on patients can be significant, ranging from physical pain and discomfort to more serious and long-term consequences.

Our ‘no win no fee’ model allows individuals to pursue a dental negligence claim without the financial risk. Essentially, if the case is not successful, the claimant does not incur legal fees. However, if the claim is successful, the legal fees are typically recovered from the compensation awarded.

Yes, if you have suffered from an injury because of your dental treatment on the NHS, then you have every right to investigate and bring a claim for dental negligence compensation. Our best dental negligence specialist solicitors can help you secure a rightful compensation against your loss.

Meet Our Medical Negligence Solicitors

At OH Parsons, our expert medical negligence solicitors take time to get to know the full extent of your case, minimising the impact of the claims process. We understand that you may be anxious about starting a legal claim, so we investigate cases thoroughly, involving the best experts and barristers, to maximise the chances of success and to give you peace of mind.

About OH Parsons

At OH Parsons, we are committed to achieving the best outcome for your dental negligence compensation claim. As top solicitors, we will take care in understanding your case and obtaining the best possible outcome.

Contact OH Parsons

For personalised advice and support in your dental negligence claim, reach out to our expert solicitors at OH Parsons. We’re here to advocate for your rights and help you obtain the compensation you deserve.

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