As specialist injury lawyers we deal with all varieties of personal injury claims. We represent victims for dental surgery negligence, so here’s a little advice about compensation claims for dental negligence.
Firstly, to make a claim, we have to prove that the dentist has provided you with poor or incorrect treatment or an inadequate level of care. This is not always easy to do, as there are a lot of complications surrounding treatment provided by dentists that are not so easy to avoid. Infections are very common, and they are generally accepted as an inherent risk of a dental procedure. If you get an infection after a procedure, it isn’t very easy to make a successful claim given they are often an inherent risk.
At the same time, certain procedures may not be successful. A filling may not be successful the first time round. In fact, a lot of dentists nowadays offer a free re-fill if you suffer any problems within the first 12 months or so. I know mine does – as it happened to me. So it may not be the case that a mistake has been made; it may simply be down to the fact that there is an inherent risk that further work may need to be done.
Root canal fillings are a classic example – normally the dentist will make it quite clear that there is a chance the procedure may not work, and you may need the tooth removed if it fails. From a dental perspective, it’s a significant procedure and carries a lot of risk of failure (from what my dentist advised me when I had mine done a few years ago).
A dentist compensation claim comes down to whether the dentist has been negligent in the duty of care they have for you. This means that the standard of care must have fallen below what you would expect, or could mean that the dentist has made a mistake or misjudgement. This may not be too easy to prove as well – although we can get expert evidence from an independent dentist who can review your records, review the work done, and comment on whether they believe a mistake has been made, or whether an alternative form of treatment would have been better.
As part of the process we will normally request copies of your medical records and instruct an expert in dentistry to review the records and see you for an appointment. Their all important opinion could determine whether we can make a successful claim for compensation against your dentist.
It’s a good start to make a complaint as soon as possible if you are not satisfied with treatment provided. The complaint should give you a good indication as to the stance of the dentist – i.e. whether they accept there was fault on their part, or whether they don’t. It’s worth doing this as soon as you can as it can assist us with advising on the merits of your claim for compensation.