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Dental Negligence Claims, Scotland

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What is Dental Negligence?

Dental negligence claims in Scotland can arise from various situations where patients have suffered harm due to negligent dental treatment. Whether it’s a wrong tooth extraction, botched root canal treatment, or delayed diagnosis of gum disease or oral cancer, dental negligence occurs when a dental professional fails to meet the expected standard of care.

If you’ve experienced dental negligence, seeking compensation with the help of experienced dental negligence solicitors is crucial. These solicitors specialise in handling dental negligence cases and can guide you through the legal journey. With a no win, no fee agreement, you can pursue your claim for dental negligence without financial risk. Dental negligence compensation claims aim to provide patients with the financial support they need to cover medical expenses, lost earnings, and the impact on their daily lives.

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To help you understand dental negligence or dental malpractice, we’ve provided some common examples below. You may be eligible to pursue compensation if you’ve experienced any of the following:

  1. Delayed diagnosis: Timely identification of dental issues is crucial. If your dentist failed to detect a problem promptly, it could lead to delayed treatment and exacerbate the issue.
  2. Incorrect or careless treatment: This can include situations such as extracting the wrong tooth or using excessive force, causing further injury.
  3. Misdiagnosis: A misdiagnosed dental issue can result in unnecessary treatments and additional complications.
  4. Substandard treatment: If your dentist or orthodontist performed the treatment poorly, leading to further harm or injury.

If your experience doesn’t fall into one of the categories above, don’t worry. Our skilled dental negligence solicitors are here to discuss your unique situation and determine how we can help. Contact us confidentially at 0800 292 2043 to learn more about your rights and options for pursuing a dental negligence claim in Scotland.

How to Start Your Compensation Claim

Making a dental negligence claim in Scotland can be complex. On top of the usual personal injury law and the claims process, it is also necessary to have a thorough knowledge of the latest accepted dental practice. This is because whether or not a dental professional has acted negligently and therefore caused you to suffer an injury must be clearly established, which requires an understanding of the professional medical standards dentists must uphold. Only then, if you have a convincing argument and supporting evidence, will you be entitled to compensation.

As soon as you become aware that you have been injured and you believe your dentist is at fault, you should contact a personal injury lawyer with expertise in dental negligence claims. It is essential that you act quickly, to avoid the three year time constraints set out in the Prescription and Limitation (Scotland) Act 1973.

Your lawyer will speak to you about your experience, what happened and the effects it has had on you since, review the evidence and advise whether your claim is likely to succeed. If you have a valid claim and you wish to pursue it, your lawyer will first make contact with the party you hold responsible and aim to settle the matter out of court. Where this is not possible, the next step would be to initiate court proceedings in order to seek the rightful compensation for your injury.

Before claiming compensation, it’s essential to gather evidence, including dental records and medical records, to support your case. During a free initial consultation, our dental negligence solicitors can assess your case and advise you on how to proceed. They can help you understand dental negligence, the time limits for making a claim, and how much compensation you may be entitled to receive. Seeking advice and taking legal action can not only help you seek justice for the negligence you’ve suffered but also prevent similar incidents from happening to others.

Dental negligence claims can cover a range of issues, including negligent cosmetic dentistry, dental surgery errors, and complications from prolonged treatment or surgical procedures. By contacting our dental negligence solicitors today, you can ensure that you receive excellent service and support throughout your legal journey, ultimately aiming for the maximum compensation you deserve for the harm you’ve endured as a result of dental malpractice.

If you’d like to find out more, complete the form on this page or call us on 0800 292 2043.

Why choose Jones Whyte to handle your dental negligence claim?

Raising a medical negligence claim of any type can be a daunting prospect. After all, dental treatment can be traumatic even when it goes well and may need extended recovery time. It is understandable that you would want to avoid the stress of making a claim when you are still recovering. However, it makes sense to engage with dental malpractice lawyers as soon as possible, to begin your claim.

We will handle your claim in a caring and professional manner, lending an empathetic ear and our legal experience and expertise. We’ll be with you every step of the way, from the initial meeting to the final acceptance of compensation.

We go above and beyond to support our clients throughout the dental negligence claim process. Not only do we seek compensation for pain and suffering, but we also thoroughly investigate and include all aspects of your claim, such as lost earnings, future loss of earnings, corrective treatment costs, and care costs. Additionally, we understand the importance of rehabilitation in your recovery journey. That’s why we cover the costs of essential treatments like counselling and physiotherapy, ensuring you receive the care you need to regain your health and well-being.

No Win No Fee Agreement

Pursuing a negligence claim can often be a costly process, prohibiting people from accessing the compensation and peace of mind they deserve. However at Jones Whyte, we don’t believe this is fair and as such are able to offer most of our dental negligence cases on a no win no fee basis, which means that if your claim is unsuccessful, you will not need to pay us anything.

We pride ourselves on offering a genuine No Win No Fee service for dental negligence cases. Unlike other firms, we cover the cost of medical expert reports required for every case. This ensures there are no hidden or upfront costs for our clients, providing a truly hassle-free and risk-free experience.

Is There a Time Limit For Making A Compensation Claim For Dental Negligence?

Most dental negligence claims have a three-year time limit and the sooner the claim begins, the easier it is to gather evidence. If you are concerned about stress, that is where our dental negligence claims solicitors come in.

The majority of dental negligence claims will be based on both medical evidence and the recollections you have of the injury. Therefore, the sooner you decide to begin the process, the more details about the injury you will be able to provide your lawyer with and the more time they will have to build a compelling case, as once the three years have passed, you will not be make a claim.

There is however an exception to this, if you are claiming on behalf of someone who does not have the legal capacity to make his/her own decisions then there will not be any time limit to make a compensation claim.

A similar principal applies to claims on behalf of a child under the age of 16. There will be no time limit for anyone under the age of 16, however, as soon as they turn 16, the three year rule will take effect.

How Much Compensation Will I Receive?

The level of compensation you are entitled to for suffering dental negligence depends on the particular circumstances of each individual case, such as the severity of your injuries, your scope for recovery and the impact your injuries have had, and will have, on you. As well as for the pain and suffering of the injury itself, it is also possible to claim for future care, loss of earnings and delays in treatment.

How Long Will the Process Take?

There are a number of factors, which will determine how long the process of settling a dental negligence claim will take, such as gathering and reviewing of evidence, the severity of injury sustained as well as acceptance of responsibility by the third party all contribute to the length of time it will take to settle the claim.

If a claim is relatively straightforward then it can take as little as just few months to settle, whilst a more complicated case can take as long as a few years.

Despite the above timescales, during the process of a dental negligence claim, it is best to ensure that you stay patient. Your lawyer will continue to work tirelessly towards earning the compensation you deserve and holding the individual involved to account.

Throughout the process, your lawyer will keep you informed, providing updates throughout the full process of the claim and answer any questions you may have along the way.

While we aim to settle claims without the need for court action, our team of dental negligence claims solicitors are all highly experienced in the courtroom.

Contact Us Today and Start Your Claim

At Jones Whyte, we understand the impact dental injuries can have on your physical and emotional health, as well as the financial strain in repairing the damage caused. Where the injury could have been avoided, this can make things even harder to cope with.

Our expert team at Jones Whyte are here to support and guide you through the process of claiming compensation owed to you. We have an excellent reputation for putting our clients’ best interests first, and achieving the highest possible amount for them. Call us today on 0800 292 2043.

Other Medical Negligence Claims

At Jones Whyte, we have a team of dedicated medical negligence lawyers. If your claim for compensation for dental negligence moves into other areas, we will be able to consult with our colleagues immediately.

Find out more about our general medical claims services.

Contact our experienced and empathetic medical negligence team to begin your claim today. 

Meet the experts

Our experienced dental negligence solicitors at Jones Whyte Law are committed to providing expert guidance and representation for your claim.

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