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Dental Negligence Compensation Claims Guide
What is Dental Negligence?
Dental Negligence covers any type of injury that has been directly caused, made worse or overlooked by your dental health practitioner. If this has happened to you then you may be entitled to compensation.
When you visit the dentist you should expect to receive the best possible care and treatment.
Unfortunately, mistakes can occur with treatment, incorrect advice can be provided and diseases and decay can be missed. Dental negligence can cause problems with your teeth or mouth including pain and suffering, the need to undergo further treatment and, in some cases, the loss of teeth.
Our Dental Negligence solicitors have many years of experience in dealing with these claims. They can assist you in making a claim for compensation for your pain and suffering and will help you in recovering other losses, such as loss of earnings, treatment expenses and travel expenses incurred.
Do I have a valid Dental Negligence claim?
If you think you have suffered harm as a result of negligence by your dentist then speak to one of our specialist dental negligence solicitors who will determine if you have a claim or not. If you have a case, our solicitors will take you through the legal process and will explain the no win no fee agreement.
Types of Dental Negligence claims we deal with:
- Delay or incorrect diagnosis
- Cosmetic Dentistry Claims
- Nerve Injury Claims
- Oral Cancer Claims
- Periodontal Disease Claim
- Restorative Dentistry Claims
Request a call back today to find out if you can bring a claim against your dentist for dental negligence.
What are the time limits for making a Dental Negligence claim?
As with other medical negligence claims, the Limitation Act of 1980 stipulates a strict time limit for bringing dental negligence claim. You have three years from the date of the dental negligence or from the date you became aware of it to make a dental claim.
However, there are some exceptions to this time limit, including:
If you’re claiming compensation on behalf of a child then there is no time limit until your child turns 18. From the age of 18 the three-year rule applies.
If you’re claiming on behalf of someone who does not have the mental capacity to claim for themselves then there is no time limit for making a claim.
How much does it cost to make a Dental Negligence Claim?
The vast majority of our dental negligence claims are funded by a Conditional Fee Agreement, otherwise known as a No Win No Fee Agreement. This means if your case is unsuccessful you won’t have to pay any fees and therefore, there’s no financial risk to you.
How long do Dental Negligence claims take?
The duration of dental negligence claims can vary, with some cases being resolved within a few months and others taking several years. The length of time depends on the severity of the injury and whether or not the dentist accepts responsibility. Most of our cases are settled quickly, but more complex cases involving larger claims may take longer.
Mr A suffered a substantial number of dental complications, including having to have a number of teeth removed, as a result of negligent treatment by his previous dentist over a period of over 10 years.
Before approaching Aston Knight Solicitors he approached a large specialist dental negligence firm who advised him that he did not have a case. He also spoke to another firm who provided similar advice. James Winterbottom of Aston Knight Solicitors however accepted the case, obtained specialist evidence from a senior dental expert regarding the negligence, issued court proceedings and then negotiated a final settlement of £45,000 with which Mr A was delighted.
The dentist in question has been struck off but, unfortunately, many former patients in the Bury and Ramsbottom area were affected by his negligence over a number of years.
James Winterbottom, solicitor, who dealt with the case commented: this case highlights the need for clients to seek specialist legal advice where they have concerns regarding historic treatment. Whilst there is generally three years from the date of negligence to start court action or settle a claim, this deadline can be extended where the negligence comes to light later on, but action must be taken as soon as the apparent negligence comes to light. The case also highlights the importance of seeking second, or even third, legal opinions as otherwise viable cases may not be pursued.
We have succeeded with many cases failed or rejected by other firms, including on many occasions by the largest or most specialised firms in the country, and are always happy to review a case in which negative advice has been received and to provide a second opinion.