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Dental Negligence

Dental Negligence – An Overview

The NHS Dental Statistics for England 2012-13 as published by the Health and Social Care Information Centre (HSCIC) show that 29.8 million people saw an NHS dentist in the 24 months ending in June 2013, which based on current figures represents around 56% of the population.

There is increasing pressure on Dental Practices, both those operating within the NHS and those practicing privately, these pressures are both financially and time based. This can lead to patient appointments being rushed with proper investigation and treatment being either missed or done on a cursory basis.

We all trust our dentist to provide us with a high standard of dental care. In fact research, commissioned by the General Dental Council (GDC), in 2014 shows that 96% of those surveyed were satisfied with their dental care.

Unfortunately when things do go wrong and negligence occurs the patient can be left with unnecessary additional procedures and ongoing pain and suffering.

In order to bring a successful Negligence Claim against your Dentist you have to prove two things. Firstly, you have to prove that your Dentist acted in a way that their peers would not have done. This is known as the Breach of Duty or Care.

Secondly, once the Breach of Duty of Care has been established you then have to show that the injuries you suffered are either the result of, or have been negatively impacted, by this Breach. This is known as Causation.

If you believe you have a claim for negligence against your Dentist within the last 3 years then please contact us now. Click here, fill in our enquiry form on this page or telephone us on 01244 659404 or 0900 0857777.

Types of Dental Claim

There are many different investigations and procedures that your dentist can perform and therefore a wide range of mistakes can be made. However they can usually fall into one of the following categories:

  • Misdiagnosis or failure to diagnose
  • A delay in or a failure to provide treatment, or provision of incorrect treatment.
  • Incorrect anaesthetic administration
  • Incorrect elective cosmetic dentistry

Dental Negligence – Making the Claim

It can be daunting to consider bringing a claim against you dentist or local dental practice but at The Roland Partnership we have the experience and specialist knowledge that will reassure you. We will advise and support you throughout the claim, we will be with you every step of the way.

Medical Negligence claims against Dentist’s have time limits in which you can bring them, this is known as the Limitation Period, the general rule is that Court proceedings for medical negligence must be commenced within 3 years from when you knew, or could reasonably have known that you have suffered injury as a result of the fault of another.

Following the enactment of the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) in 2012, the rules determining the type of cases eligible for Legal Aid (Public Funding) were amended from the 1 April 2014. Legal Aid is no longer available for investigating Dental Negligence claims.

In the absence of Legal Aid funding, or any other pre-existing cover you may have, we can offer a “No Win- No Fee” agreement. We will of course discuss this with you in detail at the time to make sure you are comfortable with the agreement, but suffice it to say that you do not need to worry if your claim is unsuccessful we will not charge you for our time nor will you be liable for your opponents costs.

We offer a free, no obligation discussion regarding your claim, as many and as lengthy as we need to establish your claim. We will discuss with you the merits of your claim and review any documentation you may have without any cost to yourself.

Please complete our enquiry form, Click here or contact us on 01244 659404 or 0800 0857777.

MAKE AN ENQUIRY

Testimonials

Mr L received £2,100,000 after suffering cerebal palsy as a result of medical negligence. The first liability expert had advised there was no breach of duty of care, so the case was passed on to The Roland Partnership's eminent causation expert. The defendants vigorously denied liability and The Roland Partnership's expert said it was one of the most difficult cases he had dealt with. The claim was settled shortly before trial.

An eight year old boy received £1,500,000 through The Roland Partnership after receiving serious injuries whilst waiting at a bus stop. Two cars crashed into the bus stop, causing it to collapse onto him, leaving him with personality changes and weakness on one side.

Mrs M was knocked down by a car when crossing a road. She was partly responsible for the accident, having run out into the road without first checking it was safe to do so. Nevertheless, she received over £1,100,000 after representation by The Roland Partnership.