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Dental negligence claims
Implants, gum disease, root canal treatment and tooth extractions – there are many treatments that can go wrong and lead to a dental negligence claim. If you’ve suffered an injury as a result of medical negligence, LPS’s specialist legal experts can help get the compensation you deserve.
When does dental treatment become a medical negligence claim?
If your dentist has made a mistake or error when diagnosing or treating you which led to an injury or illness, you may have a claim for dental negligence compensation.
The vast majority of our dental negligence cases are funded by way of a No Win No Fee agreement, so there’s no financial risk to you.
Do I have a claim for dental negligence?
Dental negligence usually occurs during diagnosis or treatment. If you’ve suffered an injury or illness due to one of the following mistakes, you may be able to claim compensation:
- Periodontitis (gum disease), where a dentist failed to diagnose and treat the disease
- Wrongly fitted implants, where the dentist made a mistake during fitting the implant
- Cosmetic procedures, such as veneers, crowns, bridges and teeth whitening which went wrong
- Tooth extractions, where nerves and gums get damaged. In rare cases, the wrong tooth gets extracted
What can I claim for if I’ve suffered dental negligence?
If you’re suffering due to medical negligence, you can claim compensation for the following:
- Pain and suffering
- Loss of earnings
- Further treatment
- Cosmetic procedures, for example if you’ve lost a tooth
How much can I claim for a dental negligence claim?
It goes without saying that every dental negligence claim is different, and the amount of compensation that may ultimately be paid depends on a variety of factors: from long-term prognosis to the cost of any care required. To establish your full legal position, call us on freephone 08009961807.
What to do now?
We suggest that you contact our expert team for a free no-obligation consultation. There is nothing to lose! If you are busy, you can click here to arrange a callback time or alternatively, you can call 08009961807 and ask to speak to our family department experts.
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Dental negligence claims
How much time do I have to claim?
If you believe you have a claim, it’s important that you seek advice from a lawyer who specialises in medical negligence cases as soon as possible, as there are time limits in place in England, Scotland and Wales. Generally, a claim should be made within three years from the date the negligence occurred or the date you were first aware that you had suffered a significant injury or illness due to the negligence. However, there are exceptions so it’s important that you always check with a specialist lawyer whether or not you can bring your case within a particular time limit. To read more about the time limits of making a claim, please read our Medical Negligence FAQs or our Medical Negligence Claims Guide.
We understand that claiming for medical negligence can be a very sensitive topic. Take your time to process your experience and once you are ready to talk to us, you have our promise that we’ll handle your case with the utmost sensitivity and care.
How much does it cost to make a dental negligence claim?
The 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 you lose your case, you won’t have to pay any fees and therefore, there’s no financial risk to you. For further information about No Win No Fee agreements, read our Medical Negligence Fees page.
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Nadia HussainFrequently Asked Questions (FAQs)
Medical negligence – What is it?
Medical negligence is a rare occurrence. But when it happens to you, the effects can be devastating.
Although most healthcare patients will be treated effectively, a small minority end up suffering from clinical negligence. This is when a medical professional makes an avoidable mistake, causing you harm in the form of an injury or illness or a worsening medical condition.
Medical negligence also refers to times when a medical professional or organisation fails in their duty of care, causing you injury or harm. This can include:
- Failure to diagnose a condition
- Failure to warn you of the risks of a procedure or treatment
- Failure to prevent an infection being acquired while under their care
If you’ve suffered an injury or had an existing health condition made worse after clinical treatment, you may have suffered from medical negligence. That means you may be able to make a claim for compensation with the help of our medical negligence solicitors.
How do I fund a medical negligence claim?
But in many cases, you don’t need to worry. Solicitors now typically offer a No Win No Fee arrangement – otherwise known as conditional fee agreements – for clinical negligence cases. This was introduced to enable patients who had suffered from malpractice to get the help they needed to recover without facing the stress of funding it all at the start.
A No Win No Fee agreement will allow you to focus on your recovery and putting together the strongest case possible, instead of the potential impact it would have on your finances.
Why should I make a medical negligence claim?
It is not just your physical health that takes a knock when you suffer from medical negligence. You may find that your mental health suffers too. After all, you were harmed by a person or organisation that was there to help treat your initial condition. This breach of trust can have lasting consequences. Getting justice in the form of the compensation you need to help you recover is one way of addressing them.
You may be worried that making a claim will take funding away from the NHS – particularly at a time when it needs it most. But that won’t be the case. The NHS has legal protection in the form of indemnities to cover any potential claims. NHS Resolution is an organisation that focuses on resolving claims in England, meaning that you won’t have to claim directly against the NHS itself.
Another important reason to make a medical negligence claim is that by doing so, you highlight the problem that caused you harm. This allows the hospital or surgery or clinician to address what went wrong and prevent it happening again to someone else.
How long will a med neg claim take?
If the medical organisation responsible for your injury admits liability, your claim will be settled quicker than if they don’t. If liability is denied, you may end up going to court. And although this is rare, it will extend the claims process.
Your solicitor will be able to advise you on how long you can expect your claim to take. They will keep you informed when there are any updates.
How much can I claim in compensation?
The amount that you’ll be awarded will be split into two categories: general damages and special damages.
General damages are awarded to cover the pain and suffering you’ve experienced as a result of your clinician’s negligence. These damages are intended to compensate for any lifestyle changes you have had to make. This includes not being able to take part in your usual hobbies or sports.
Special damages cover any financial impact you’ve suffered because of an instance of medical negligence. This includes any loss of earnings if you’ve been unable to work or any money you’ve had to spend as part of your recovery from the negligent act, such as mobility aids.
Compensation for medical negligence can help you get back in the position you were in before it ever happened. Your health and your future are the most important things.
Get in Touch today and let us know how we can help you 08009961807