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  • Dental Negligence Claims

Dental Negligence Claims

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Whether you’re a private patient or are treated by the NHS, you’ve a right to expect a reasonable standard of care from your dentist. However, mistakes in dental treatment are common occurrences. If you’ve experienced this, we know how painful and traumatic it can be.

Dental negligence can include:

  • Delayed or misdiagnosis of oral cancer
  • Permanent nerve injury claims
  • Periodontal (gum) disease claims where untreated gum disease has affected multiple teeth
  • Cosmetic and restorative dentistry claims such as bridges, implants or root canal treatment
  • Orthodontic claims as a result of braces or teeth straightening.

If you’ve experienced dental negligence, our specialist solicitors are here to help you make a claim for compensation. Speak to our experts today in a free initial consultation on making a dental negligence claim.

Why choose us to handle your dental negligence claim?

Our specialist team of medical negligence solicitors is the largest in the UK. This gives us an unrivalled set of expertise to fight your claim and win. We’ve been securing compensation for our clients in dental negligence claims for decades. This has given us the knowledge and experience to get you every penny you’re owed.

We treat each claim as the unique situation it is and make sure we treat your case with the professionalism and compassion it deserves. We’ll give you tailored legal advice to get you the best outcome for your individual circumstances.

Many of our medical negligence claims can be handled on a no win no fee basis. This means you won't need to pay anything if your claim doesn't succeed.

We cut through the legal jargon and speak to you in a way that’s clear. This means you’ll know exactly what we’re doing on your behalf, although we’ll always act on your instructions.

Aside from our legal expertise, you’ll also have the support of our teams across the firm. Our Support and Rehabilitation team are clinical specialists who’ll assess the help and rehabilitation you need. Our nationwide connections with charities and support groups means we’ll get you help that’s close by.

We've a long-standing relationship with the Mouth Cancer Foundation and have supported them for many years. This foundation can offer support and guidance to anyone who's been diagnosed with oral cancer.

Once your claim’s been settled, our Asset Management team of financial experts will be on hand to advise you on how to manage your compensation. Being suddenly awarded such a large sum of money can be daunting. Our Asset Management team will be able to advise you on how you can invest your compensation and make it pay for all you need.

Our Court of Protection team can also advise you on setting up a personal injury trust, which helps to keep your compensation separate from other assets. This makes sure your compensation isn't taken into account when working out if you're entitled to other benefits.

We’ve offices all around the UK, so you can visit us as a location that’s most convenient for you. If you can’t come into an office, we can arrange to meet you at an appropriate alternative location. We’ll work in the way that’s easiest for you, so we can also communicate by phone or video call, or email.

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Shahin Master
Shahin Master Partner Meet the team

More information on dental negligence claims

Dental negligence can take many forms, and you can make a claim for compensation if you’ve experienced a wide range of malpractice.

Examples of dental negligence include:

Cosmetic dentistry claims

Cosmetic dentistry claims can include substandard dental service related to procedures such as:

  • Crowns
  • Veneers
  • Braces
  • Implants
  • Teeth whitening
  • Orthodontics
  • Gum contouring.

Restorative dentistry claims

  • Fillings
  • Root canals
  • Nerve injury
  • Unnecessary tooth extractions
  • Poor treatment planning
  • Negligence, such as failing to treat decay.

If you’ve experienced a form of dental negligence not listed here, you may still be entitled to claim. Contact us to discuss what happened to you and we can advise on whether you’re eligible for compensation.

Each dental negligence claim is unique, and so is the amount of money awarded. To get an idea of how much compensation you could be entitled to, speak to us about what happened. We’ll be able to advise you of how much you could claim for.

The amount of compensation awarded is based on:

  • The level of pain and suffering you experienced
  • The price of your treatment or procedure (if applicable)
  • Any medical expenses you’ve incurred
  • Other expenses, such as travel expenses to hospital appointments
  • Any loss of earnings
  • Your future treatment needs.

As with other types of medical negligence, you’ll normally have three years to make a claim against your dentist. This time limit starts from the date you experienced substandard treatment.

If you learned you were treated negligently at a later date, such as getting a delayed diagnosis of oral cancer, the three-year period starts from this date.

A dental negligence claim can take anything from a few months to a few years to settle. This depends on the severity of your injury and whether your NHS or private dentist accepts responsibility.

We settle most cases quickly, but more complicated cases dealing with bigger claims may take longer.

We’ll first contact the dentist responsible to see if they admit liability straight away. If they do, we’ll be able to settle your claim much faster.

In appropriate cases, we’ll also try to get you interim payments, which are paid before your claim is fully settled. These can fund treatment and replace any lost earnings you’ve had through your injuries. Interim payments are taken out of your final compensation settlement.

If they don’t accept liability or disagree with how much compensation we feel you need, we’ll initiate court proceedings to get you the full amount. If they don’t admit responsibility, we’ll need to prove it. This can mean your claim takes longer than if the dentist accepts fault straight away.

However long your claim takes, we’ll be with you every step of the way.

Your mental health can be factored in when making a dental negligence claim for compensation.

We understand the toll negligence can take on your mental health. It can be especially traumatic if you’ve experienced a misdiagnosis or delayed diagnosis of oral cancer.

Mental health is frequently impacted by medical negligence. If you’ve needed counselling or any other type of rehabilitation, we’ll make sure this is factored into your final compensation amount.

Frequently Asked Questions

Is it hard to prove dental negligence?

Proving dental negligence can sometimes be a complex task. It often requires a lot of specialist evidence to support your claim.

Our solicitors have the expertise and experience to prove dental negligence. We’ll use independent medical experts who’ll be able to give evidence to show that you were treated negligently.

We’ll also collect evidence such as dental records and information of your treatment history to prove the negligence.

Our medical negligence team is consistently praised by renowned independent legal guides. The Legal 500 ranks our firm in the highest tier for clinical negligence solicitors, calling us: “A first-class national practice with extensive experience in all types of clinical negligence claims – from small claims to maximum severity. At the forefront of clinical negligence claims and achieve excellent results for their clients. A practice with numerous leaders in their field.”

Chambers and Partners, another leading legal guide, has ranked us as a top-tier firm for clinical negligence for over 20 years. They state: “The team is exceptional. They deal with any queries with speed and sensitivity, doing their utmost to help in any way they can in what can be very trying times.”

Can I make a no win no fee claim for dental negligence?

Yes, most of our dental negligence claims are made on a no win no fee basis. If you make a no win no fee claim, there’s nothing to pay upfront and you won’t need to pay anything if your claim isn’t successful. If your claim is successful, most of our fees will be paid by your opponent.

To make a no win no fee claim, you’ll need to enter into an agreement that’s linked to a suitable insurance policy. We’ll talk you through the finer points, and discuss other funding options, before we start working for you.

Can I sue an NHS dentist?

Yes, if you experienced dental negligence at the hands of an NHS dentist, you could still make a claim for compensation.

Find out more about claiming against the NHS.

Read More FAQs

Dental Negligence Claims - Related Information

Court Of Protection
Our Court of Protection team can help look after what matters most to you
Medical Negligence Claims
We've the largest team of medical negligence solicitors in the UK
Support & Rehabilitation
Our trained Support and Rehabilitation coordinators can get you any support and care you need
Oral Cancer Claims
If you've been diagnosed with oral cancer, you could claim if it was the result of dental negligence

Scottish Flag All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.

 

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