Can I Sue My Dentist for Pain and Suffering?

Been left with pain after a dental treatment? Felt that your treatment was unnecessarily painful? Find out if you could claim below

 

What counts as unnecessary dental pain and suffering?

Despite their best efforts, pain during dental treatment can happen. It’s a common risk involved with almost every treatment. Still, pain should always be kept to a minimum where possible.

Dental anaesthetic should always be used when going through any dental work that could cause pain and your dentist should always ensure that the anaesthetic is working before commencing any work. Failure to do this can result in a lot of pain and unnecessary suffering and lead to a compensation claim payout.

You may also be suffering from pain after a treatment. Again, while this is a common result of any dental treatment, if it lasts longer than a certain amount of time, or if it’s unmanageable pain that requires further treatment to solve, it’s likely that something has gone wrong and you can make a claim for it.

 

Can I sue my dentist for pain and suffering?

Yes. Generally speaking, if you’re suffering from pain after a treatment, it’s a clear sign that something hasn’t been done properly and needs investigating further.

While some pain or discomfort is expected after a treatment, due to the often sensitive nerves in the mouth reacting to the treatment, this shouldn’t last beyond a few days or weeks, depending on the treatment. Your dentist should explain how long this pain could last. If it does, it can be a sign that something has gone wrong or that there was an issue with the treatment received, resulting in a potential chance of making a successful claim. Long-lasting pain and suffering can also be a sign that you’ve received nerve damage, which tends to lead to much higher compensation claims.

If you’ve had a treatment that was extremely painful, it can be a sign that it was rushed, the anaesthetic wasn’t enough for the treatment being undertaken, or that the anaesthetic was incorrectly administered. Claiming for this can be harder to win, but it is possible, provided you can provide evidence that the treatment wasn’t carried out in the correct way.

 

What can I do if I think I’ve been the victim of dental negligence?

The first step you should take is to contact the dentist that carried out the work and explain the problem or make a complaint. Since dental standards are extremely high, it’s likely they’ll take the matter very seriously and offer a solution to the problem. If they charge for this work and you feel it’s their fault it didn’t work in the first instance, you may be able to make a claim to get them to pay for this treatment.

In some cases, the pain is a result of a natural problem, such as the way your teeth have responded to the treatment.

If it’s an NHS dentist, there are straightforward procedures to making your complaint. If it’s a private dentist, they will likely have their own complaints procedure which they must explain to you when you contact them.

If you cannot get in touch with your dentist to make the complaint, or if you’re against talking to them directly, you can contact either an independent dental expert or our dental law specialist to discuss the next steps.

Need help with your dental pain and suffering? Feel like you’ve been the victim of a negligent dentist? We’re here to help. Fill out our questionnaire form to speak with our dental law specialist for a free, no-obligation consultation on your dental treatment. We’ll help you make and win your claim.

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