Dental Negligence overview
Dental Conditions
Dental Procedures
The Test for Negligence
To succeed in a claim for damages against a dentist it is necessary to show that his care has fallen below the standard of the competent dental practitioner. If he can show that there is a responsible body of dental opinion which would support his treatment he will not be found to be negligent. You must also show that you have suffered damage as a consequence of the negligence, in order to receive compensation.
Procedural Steps
If you instruct us to investigate a claim on your behalf, we will firstly obtain all of your dental records, including all x-rays. We will then instruct an independent dental expert to provide a report indicating whether or not you have received negligent treatment.
Assuming the report is positive, we will prepare a detailed Letter of Claim on your behalf, setting out the relevant allegations of negligence. The dentist will usually be represented by a Defence Organisation, such as the Dental Defence Union, or the Dental Protection Society, or possibly an insurance company. The dentist’s representatives will respond to our Letter of Claim with a detailed Letter of Response.
The claim may settle at that point, but if not, it may be necessary to pursue court proceedings. See The Claims Process.
The Value of Your Claim
If your claim is successful you will receive compensation, made up of two parts. The first part is “General Damages”, and this is a sum of money awarded for your pain, suffering and loss of amenity. The second part is made up of your direct financial losses, past and future. In dental cases, this second part of the damages award may be very significant, if you require a lot of restorative dental treatment as a result of the negligent treatment you have received. Substantial compensation can therefore be recovered in dental negligence cases.
For examples of previous awards of compensation which we have recovered for our clients, please see our Past Dental Cases page.
