Dental Negligence Claims Scotland

What is Dental Negligence?

Dental negligence occurs when your dental professional directly causes injury, exacerbates or overlooks an issue during your dental treatment. If you have experienced such a situation, you may be able to make a dental negligence claim and seek compensation.

The effects of dental injuries can be numerous, such as:

• Issues chewing
• Issues with speech
• Reduced self-esteem
• Fear of dentists, particularly if it is caused by negligence

Unfortunately, dental negligence can affect not only your physical health but also your financial and mental wellbeing. It’s therefore important to start your claims process.

Examples of poor dental treatment that could result in you making a dental negligence claim are:

• Careless or incorrect treatment

• Misdiagnosis

• Low standard of care

• Delayed diagnosis

What Negligent Treatment Can I Make a Dental Claim For?

While your dentist typically handles the majority of your dental procedures, mishaps or injuries can occur during treatments administered by orthodontists, hygienists, dental nurses, and dental therapists. In fact, any individual providing dental treatment or advice may be liable for dental malpractice. We can provide assistance in any of these instances.

Examples include:

• Mistakes during dental surgery

• Misdiagnosis of oral cancer

• Wrong tooth being extracted

• Incorrect fittings of crowns

• Errors with root canal treatment

• Cosmetic dental negligence

Why You Might Want to Make a Dental Negligence Claim

When you seek dental advice or treatment, the professional attending to you holds a position of trust. If this trust is breached, leading to exacerbated symptoms due to inaction or error, you may be eligible to pursue a dental negligence claim.

Dental malpractice not only causes pain but can also disrupt your everyday life, and in severe cases, result in life-altering injuries. All dental professionals are bound by a legal “duty of care” to ensure your safety, obligating them to take reasonable precautions to prevent harm.

Starting on a dental negligence claim may seem daunting, but we have witnessed the transformative impact that claiming dental compensation can have on people’s lives. It not only provides financial support during your recovery but also facilitates the acknowledgment and apology you rightfully deserve.

Making a Dental Negligence Claim Against your Dentist

If you have received negligent dental treatment and harm has been caused, either from a dentist in the NHS or from someone you have seen privately, you may be able to make a dental negligence compensation claim. Any healthcare provider, whether affiliated with the NHS or in private practice, can be held responsible for dental malpractice. If it is determined that they failed in their duty of care to you, resulting in harm or worsening of a pre-existing condition, you have the basis for pursuing a dental negligence claim.

We recommend you get in touch at the earliest opportunity as there is a time limit on making a dental negligence claim.

Its easy to get in touch. Call us on 0800 292 2041 or complete the form at the top of the page.

Will I Require a Medical Assessment?

Yes. Obtaining an independent medical opinion is crucial when pursuing dental negligence claims. The medical negligence solicitor assigned to your case will coordinate the assessment as a vital component in constructing the evidence necessary for your dental negligence claim.

Why Jones Whyte are the Dental Negligence Solicitors for You

When choosing dental negligence solicitors to help you after dental malpractice, it is crucial to choose someone experienced, who has previously dealt with dental negligence claims. We have helped hundreds of clients who have suffered as a result of poor dental treatment. We have the expertise and experience to support you and get the best possible outcome when making a compensation claim.

Our dedicated team of lawyers have a good understanding of what you are going through. We will ingather all the relevant information and evidence about your negligent treatment, how it has affected your daily life and focus on ensuring you get the dental compensation claim you deserve.

Time Limits and Restrictions on Making a Dental Negligence Claim

You have three years from being aware that dental negligence has occurred. After this period, you will no longer be able to make a dental negligence claim.

If however you are claiming on behalf of someone who does not have the legal capacity to make his or her own decisions, there will not be any time limit to make a compensation claim.

A similar principal applies to a claim which be made on behalf of a child under the age of 18. There will be no time limit for anyone under the age of 18. However, once they turn 18, the three year rule will apply.

The Dental Negligence Claims Process

At Jones Whyte solicitors, we have handled numerous dental negligence claims, some caused by dental negligence, others caused by accidents at work or in public.

Your dental claim will start with one of our team taking your statement. This helps to establish the facts of the incident, and the effect it has had on you. During your consultation, your lawyer will have a discussion with you about the injury you have suffered from as well as how it has impacted your life. At this stage, it is therefore important that you provide your lawyer with all the specific details about the dental negligence.

We will then gather supporting evidence, such as medical reports and witness statements. During this process, we can help you access specialist medical care, which can aid your recovery and reduce the severity of long-term effects.

From all of the details, they will be in a position to develop a better understanding of your individual circumstances and advice accordingly on how to proceed with your dental injury claim to obtain the best possible outcome for you. The effect the dental injury has had on your life will be taken into account when compensation is being decided.

How Long Will the Dental Negligence Claim take?

The time to solve a dental negligence claim varies, typically ranges from a few months to a few years. The timeframe is contingent upon factors such as the severity of the dental negligence and the acknowledgement of responsibility from your dentist. While we aim to settle cases as promptly as possible, more intricate situations require more time.

During the process of a dental injury claim, it is best to ensure that you stay patient. We will work towards ensuring a medical negligence claim for you. We will also ensure to provide you with updates throughout the full process of the dental claim and should be in a position to specify a rough estimate of how long your dental injury claim will take.

Your Dental Negligence Compensation

There are claims where it will be necessary to settle the claim and obtain compensation with the involvement of Court due to either lack of acceptance of liability or disagreement in relation to the amount of compensation. Although, most people are put off by this idea, due to time constraints or any other reason, our team of specialist lawyers at Jones Whyte will guide you through the process every step of the way, working towards obtaining the best possible outcome for you.

We will then work with the representatives of the other side to calculate a fair amount of compensation to claim. Most dental negligence claims can be settled out with court and through negotiation in respect of the compensation with the third party.

No Win No Fee Dental Claims

The most common method of handling dental negligence claims in on ‘no win no fee’ basis. This therefore affords individuals a piece of mind, knowing that they do not have to pay any costs upfront. If the claim is successful, the third party will need to cover your legal costs and expenses. In some claims, there is the possibility that the remainder of the legal fees will be taken from your compensation award. This is something that your lawyer will specify to you during the process of the claim.

There is also security of not having to make any payment for any legal fees and outlays your lawyer has incurred during the process of proceeding with your claim, should it be unsuccessful.

Dental Negligence Claims Differ From Other Personal Injury Claims

Dental injury claims are slightly different from personal injury claims, as they require you to prove two separate things before you can claim compensation. Firstly, it is necessary you prove that the dental health professional has failed to carry out their responsibility and consequently they are at fault. Secondly, it is necessary to establish that through the negligence of the dental professional you are now in a position of avoidable harm.

Your dental injury lawyer will discuss each point with you, working towards ensuring that both points can both be proved.

Other personal injury claims

The personal injury team at Jones Whyte solicitors has handled numerous personal injury claims.

Claims we have handled include:

If you have been injured due to someone’s negligence, Jones Whyte will be able to help you. Contact us today.