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Dental negligence compensation guide

View profile for Ron Leong
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Dental Equipment

Experiencing a dental procedure that has gone wrong or receiving substandard dental care can have lasting physical and emotional effects. If you have suffered harm as a result of dental negligence, you may be entitled to compensation.

At Stephensons, our highly experienced team of medical negligence solicitors specialise in handling dental negligence compensation claims, offering compassionate advice and expert assistance to guide you through the claims process.

What is dental negligence?

Dental negligence, also referred to as dental malpractice, occurs when a dental professional provides care or treatment which falls below acceptable industry standards, resulting in injury, illness or unnecessary pain and suffering. Dentists and dental professionals owe a duty of care to their patients. When this duty is breached and harm occurs, patients may have grounds to pursue a dental negligence compensation claim.

Common examples of dental negligence claims

Dental negligence can take various forms. At Stephensons, we regularly handle claims arising from scenarios including:

  • Misdiagnosis or delayed diagnosis of dental conditions, such as gum disease or oral cancer
  • Inadequate root canal treatment leading to infection or tooth loss
  • Incorrect tooth extraction causing unnecessary pain or nerve damage
  • Failures in cosmetic dentistry, including veneers, crowns and teeth whitening procedures
  • Poorly fitted dentures or dental implants resulting in persistent discomfort / pain or further dental complications including nerve damage affecting the jaw, face or chin, damage to adjacent teeth or the mouth, infection in the socket or gum inflammation.
  • Failure to gain informed patient consent for dental treatments
  • Mistakes administering local anaesthetic, causing unnecessary pain
  • Infection due to improper sterilisation equipment or unhygienic conditions in dental surgery.

If you have experienced negligence during dental treatment that has led to lasting harm, contact Stephensons today to discuss your situation in confidence.

Who can make a dental negligence claim?

Any patient who believes they suffered harm due to substandard dental care in the UK may be eligible to claim compensation. To establish a dental negligence claim, the following criteria must generally be satisfied:

  • Duty of Care: The dental professional owed you a duty of care (patient-dentist relationship)
  • Breach of Duty: The dental professional breached this duty by failing to provide a standard of care expected from a competent and qualified professional
  • Causation: You suffered physical injury, mental distress or avoidable pain and suffering due to this breach

Stephensons' experienced solicitors will assess your case carefully and advise you clearly on your eligibility for a dental negligence compensation claim.

How much compensation can you claim for dental negligence?

The amount of compensation awarded in dental negligence claims varies significantly, depending upon the individual circumstances of each case, typically, including:

  • General Damages: compensation awarded for your physical and psychological injury caused by the negligent dental care and treatments. This is assessed based on the extent, seriousness, and duration of your injuries or illness e.g. impacts on your quality of life or ability to work and perform daily tasks. 
  • Special Damages: compensation awarded for the costs incurred due to additional medical or dental treatment required to rectify negligent care, past or future loss of earnings gratuitous care or rehabilitation costs.

To ensure you receive the maximum compensation to which you are entitled, Stephensons' specialist dental negligence solicitors will meticulously assess the full impact of the negligence and its effects on your life.

Time limits for dental negligence compensation claims

To make a claim for dental negligence compensation in England and Wales, you typically have three years from the date when the negligence occurred or from the date you first became aware of the injury caused by the negligent dental treatment (also known as the 'date of knowledge'). Exceptions to the time limit can apply in certain situations, including:

  • If the victim lacks mental capacity, there might be no initial time limit until capacity is recovered.
  • For children, the three-year limitation period begins from their 18th birthday, giving them until they turn 21 to make a claim.
  • If the victim has passed away due to the negligence, the three-year limitation period will begin from the date of death.
  • The limitation period can be extended subject to the agreement with the defendant and/or the Court’s approval.

Stephensons' dedicated solicitors will guide you through the claims process and ensure your claim is initiated promptly within the relevant time limits.

How do you claim dental negligence compensation?

When you instruct Stephensons, our expert solicitors will handle your dental negligence claim through the following clear steps:

  1. Free initial consultation: We offer an initial free, confidential consultation to discuss your case and advise you on your potential to claim.
  2. Detailed investigation: We gather all relevant evidence, including medical and dental records, expert opinions, and witness testimonies, to build a robust case.
  3. Expert medical evidence: Stephensons will engage independent dental experts to assess the extent of negligence and its consequences, establishing breach of duty and causation clearly.
  4. Negotiation & settlement: Wherever possible, we aim for negotiated settlement, securing fair compensation without the need for court attendance.
  5. Court representation: If required, our experienced solicitors will provide expert representation in court to achieve the justice you deserve.

We understand the challenges you may face and will support you sensitively throughout each step of your claim.

No win, no fee dental negligence claims

Stephensons understand that the potential cost of bringing a dental negligence claim may cause worry. That's why we offer dental negligence compensation claims on a no win, no fee basis, formally known as a Conditional Fee Agreement (CFA). Under this arrangement, if your case is unsuccessful, you do not pay legal fees. If your case is successful, legal fees are generally recovered from the defendant, meaning you receive the maximum possible compensation.

We will discuss fees and funding arrangements transparently and clearly at our initial consultation, ensuring no hidden costs or surprises.

Why choose Stephensons for dental negligence claims?

Stephensons has built a strong reputation for delivering exceptional legal services in medical and dental negligence claims across the UK. Our dedicated team of solicitors provides:

  • Extensive experience successfully handling dental negligence claims for clients across the country
  • Proven negotiation and trial experience resulting in fair and just compensation awards for our clients
  • Compassionate client care, supporting you sensitively during difficult times
  • A commitment to transparency, ensuring you are always informed and involved
  • No win, no fee funding to eliminate financial risks to you
  • Recognition and accreditation by leading legal bodies reaffirming our credibility and professional excellence

Our solicitors will handle your claim professionally and with determination, aiming always to achieve the maximum compensation you deserve.

Contact Stephensons today for expert dental negligence claim advice

If you have suffered harm as a result of negligent dental treatment, Stephensons' trusted and specialist medical negligence team is here to support you. Contact our dedicated solicitors today on 0161 696 6165 for a free, confidential discussion regarding your dental negligence claim. We will advise you honestly about your options and guide you sensitively through the claims process.

Stephensons is committed to securing the dental negligence compensation you deserve, helping you move forward with your life with confidence and dignity.

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