Need help understanding dental negligence? Our dental law guide will teach you all you need to know about making your dental negligence claim
Dental negligence claims can be extremely complicated if you’re new to the legal system, but with the right guidance and advice, understanding and winning your claim can be more straightforward than you’d think.
However, there are still intricacies to making a claim and your specific case will be completely unique to you so it’s worth reading up on your situation, or talking to us directly before taking any action.
What counts as Dental Negligence?
Dental negligence is defined as dental care that falls below the average expected standard of care, as defined by the dental regulating bodies. Dentists are required by law to provide a high standard of care for their clients, mainly due to the permanent and expensive impact dental treatments have on a person’s health and wellbeing.
In the simplest form, if your dental treatment (or lack of) has led to permanent or temporary damage that could have been avoided, you have the ability to make a dental negligence claim.
This includes everything from painful treatments as a result of a rushed treatment, all the way to wrongful extractions, or even a lack of care when it was required.
You can file a claim if one or more of the following has occurred:
- You have suffered an injury during or as a result of your dental work
- If your dentist has undertaken work that wasn’t required, such as fillings on healthy teeth
- You have been in unnecessary pain during or after a treatment as a result of poor care
- You have a dental injury as a result of treatment not being carried out
Of course, the easiest way to find out if you have grounds to make a claim is to get in touch with Dental Law Claims. We’ll look into your issue and give you advice on whether your claim is worth pursuing.
What do I need to provide to make a dental negligence claim?
You’ll need to be able to prove three things when starting a claim against your dentist for the best chances of winning your claim:
- Evidence of the injury that you have suffered
- Your dentist is at fault, either through treatment or lack of treatment
- Your injury is a direct result of the actions of your dentist
Where can I get this evidence?
Usually, you’ll need to get an independent expert’s report on your situation to be able to start your claim. In most cases, some form of dental negligence will be found. However, being able to say that the resulting injury is a result of that treatment is the most important part of making a claim.
As always, it’s best to speak to our dental claims specialists before taking any action, as we’ll be able to discuss the steps you need to take to gather the information you need.
Starting a claim can seem complex, which is why we do all we can to take the pressure off of your shoulders. Find out what happens during your claim, how long it is expected to take and what to expect along the way.
Find out who to speak to if you’ve been the victim of dental negligence, how to progress a complaint to the correct people, and who to talk to if you can’t or don’t want to contact your dentist or the NHS directly.