Dental Negligence Claims By Alex J Bodza LLB (Hons) Solicitor, PI+ Solicitors, Liverpool Types of Dental Negligence

Alex J Bodza LLB (Hons)

Dental negligence is a sub category of clinical negligence claims.  Dental negligence is a niche area of law and typical dental negligence cases surround the following:

• Non diagnosis and treatment of periodontal (gum) disease;
• Substandard root canal treatment or fractured dental instruments;
• Extraction of the wrong teeth;
• Substandard crowns, bridges, veneers and fillings;
• Substandard orthodontics;
• Substandard maxillo-facial surgery;
• TMJ (Temporo Mandibular Joint) Problems and clicking jaws;
• Lingual nerve parasthesia or loss of sensation due to damage to a facial nerve;
• Sub standard titanium dental implants;

The Test of Dental Negligence

In essence, a dentist will be negligent if they provide the patient with treatment which falls below the minimum standard of care, or skill, which the dental profession would regard as being acceptable in your case.  The dentist is therefore judged by the standard of the average competent dentist. 

Time Limits For Claiming

Generally, in dental negligence claims proceedings must be issued within 3 years of the date of your injury.  Failure to comply with this 3 year rule would mean that you may be statute barred from bringing any dental negligence claim.  This is known as limitation.

There are however some exceptions to this limitation rule, and the most common exception cited in dental negligence claims is the “date of knowledge” rule.  When the date of knowledge rule is applied, the 3 year limitation rule only begins to run from the date that you discovered that the treatment provided by your dentist was substandard, this gives some patients opportunity to bring a claim after the usual 3 year rule has expired. 

Compensation & Damages

The amount of compensation or damages are quite varied in dental negligence claims and can range from £1000 for loss of a back tooth up to £100,000 for a full mouth restoration.  You may also be able to claim for other costs such as loss of earnings for dental treatment, travelling expenses and medicaments.

Overview of Claims Procedure

• Initial instructions taken;
• Case Assessed for strengths and weaknesses;
• No Win -No Fee agreement signed;
• Gathering of dental records undertaken;
• Experts report obtained if need be;
• Letter of claim drafted in accordance with the Court rules;
• Settlement of claim or Issue of Court proceedings.