- Over 30 years experience in dental claims
- Secure maximum compensation for clients
- Top tier medical negligence firm
- No Win No Fee funding available
At some point in our lives, most of us can expect to have to undergo dental treatment, whether it be misdiagnosis, fillings and root canal treatments, or dentures, veneers or dental implants. Unfortunately even the simplest of dental procedures can go wrong and for some, these treatments can turn into a traumatic experience often resulting in pain, suffering and the need for remedial treatment.
Pursuing a dental negligence claim can result in compensation which will enable you to pay for treatment required due to substandard treatment and help to ease the pain or suffering you have experienced.
Practised in dental malpractice
As the range of dental treatment available develops and expands, patients are seeking more complex procedures to achieve that perfect smile. Unfortunately, this can often result in an increase in sub-standard work, as dentists fail to deliver the standard or treatment their patients deserve and expect. Our specialist team of dental negligence solicitors have been winning cases for clients for over a decade, and will ensure that we secure a successful outcome for your dental negligence claim.
- Experienced in every aspect of dental negligence claims
If your dental treatment has resulted in substandard treatment, such as unnecessary extractions, poor root canal fillings, ill-fitting crowns or bridgework, or even a missed gum disease diagnosis, we will know how to manage your claim. Our dental negligence solicitors and team have the necessary knowledge, experience and expertise to help.
- Specialist advice for your negligence case
You want to know that you are getting the very best service that takes your needs into account. We have a national reputation for our work and represent clients from across the UK in dental negligence claims. We work closely with our dental experts who are also leading Consultants within their field, and will ensure that the best experts are working with us, for you, from the start to finish of your case.
- An understanding approach
It‘s not just an inconvenience to be the victim of sub-standard dental work. It can affect your life in a number of ways. We understand the impact substandard dentistry can have, and as well as advising on dental malpractice, our dental negligence solicitors and team will do all they can to help you get your life back on track.
If you feel that you have received negligent dentistry then please contact us, either by requesting a callback, or simply by picking up the phone.
Frequently asked questions
When might I have a claim?
In order to establish that you have suffered dental negligence, you must pass a two strand test concerning the issues of liability and causation.
To prove liability, it must be shown that the treatment in question fell below the standard of a reasonably competent dentist at the relevant time, i.e., that the treatment you received was so poor than another dentist would not have performed it.
To prove causation, it must be down that there was a link between the substandard treatment and the injury that was suffered. To elaborate, it is not sufficient to show that the treatment received was negligent, it must also be shown that the negligent treatment caused damage.
When you first contact us, our team will make an initial assessment of this. If we consider that you can pass this test, we will look to explore funding options with you and subsequently commence your claim for negligence. The first stages of your claim are investigatory and will involve obtaining your records and then expert opinion on the issues of liability and causation.
How much will it cost?
Nearly all of our cases are funded by either a Conditional Fee Agreement ( “CFA”, commonly referred to as “no win, no fee” agreements) or by Legal Expenses Insurance (“LEI”). We will always check whether you have the benefit of LEI at the beginning of your claim, as it may provide cover for a negligence claim.
If you do not have the benefit of LEI, we will look to enter into a CFA with you. The key premise of this is that there will be nothing for you to pay upfront. If your claim is unsuccessful, there will be nothing for you to pay. You will not be liable for either our costs or the opponent’s costs. If your case is successful, we will seek to recover the costs and disbursements incurred from your opponent. However, there will be certain items which cannot be recovered, which you will be liable for. The cost of these items will be deducted directly from your damages and we always guarantee that you will retain a minimum of 75% of your damages.
Our funding page discuss this in more detail, so please consult this for more information or contact us to discuss this further.
How long will a dental negligence claim take?
The process of making a negligence claim is generally not a quick solution, as it takes time to obtain your records, seek an expert opinion and fully investigate the harm and subsequent losses you have suffered. It is important to fully investigate all aspects of your claim to ensure you are fully and fairly compensated. Once a claim has settled, a Claimant cannot return at a later date for more money, so it is important that we carefully consider all of the issues and obtain sufficient damages to enable you to get all the remedial treatment you need. As a general rule, cases concerning dental negligence should conclude between 18-24 months after the first time you contact us. However, each case is different and this may vary dependent on the facts of your claim.
How long do I have to make a claim?
There is a statutory limitation period of three years for negligence claims within which legal proceedings should generally be brought. The three year period runs either from the date of the alleged negligence or from the date of knowledge. The date of knowledge is when the claimant could first reasonably have been expected to have known that the injury was rather significant and attributable to the identified negligence.
There are exceptions to the limitation rule. Most importantly time does not begin to run against those under the age of 18, until they attain the age of 18, and does not run at all against adults who are too mentally disabled to manage their own affairs (lack capacity in the eyes of the law).
Failure to issue a claim form at court so as to issue proceedings and bring your case into the court system before limitation expires, will render your claim to become statute barred under the limitation rules and a court may not allow you to pursue it at a later date.
How much compensation might I receive?
Any compensation received will depend on the injury you sustained. To elaborate, if you require extensive remedial treatment (such as implants) you will receive more in compensation than if your claim is limited to a period of pain as a result of negligence.
Compensation received following a successful claim for dental negligence will be comprised of:
an award for pain and suffering – this will compensate you for any pain you have endured, and also things like inconvenience, changes in your eating habits, changes in your sleeping habits and any social effects the negligence has had. We will also consider whether you have suffered a psychiatric injury as a result of the negligent treatment as we can also claim compensation for this;
an award for future treatment costs – for example, if you require a replacement implant or denture. We will also take into account the future maintenance costs for any treatment you may require, including future crown cycles and specialist appointments;
past loss – this may include past prescription costs, travel or dental treatment. For instance, if a root canal treatment failed for a negligent reason and you required another one, the cost of this will likely be recoverable.