Dental Negligence Compensation Claims Solicitors
For many of us, our dentist is the healthcare professional we will see most often for much of our lives. We therefore are regularly putting our trust in them to protect an important area of our health, not to mention those times where we may want to consider restorative or cosmetic dentistry.
If you visit a dentist and an error is made during your treatment the impact can be huge. It can be physically and psychologically traumatic, and can leave you facing an expensive bill to put things right.
If this happens to you then you may be able to make a dental negligence claim. Our medical negligence solicitors has a track record of successfully making compensation claims for clients who’ve received dental treatment which fell below a reasonable standard.
We know what it takes to prove negligence in cases like this, and pride ourselves on settling cases through negotiation rather than going to court wherever possible, always working to maximise the compensation payment made.
If you’ve received dental treatment that fell below a reasonable standard then contact us today. If we think you’ve been the victim of negligence we’ll do everything we can to win the compensation you deserve.
When can I make a dental negligence claim?
Dental negligence happens when the dental treatment you receive falls below the clinically acceptable standard, meaning no competent dental professional would be expected to make the same mistakes.
You can make a dental negligence claim if your case meets the following criteria:
- You received treatment from a dentist or dental nurse which fell below a reasonable acceptable standard
- This sub-standard treatment was the direct cause of harm
The harm in question could take the following forms:
- Physical – the wrong tooth was extracted or you were left with a broken tooth etc.
- Psychological – the treatment you received left you feeling distressed, traumatised and with a fear of accessing further treatment
- Financial – you have to spend money on further dental work to correct the mistakes that have been made.
You can make a claim after negligent dental treatment from an NHS or private clinic, as the duty of care placed on the dental practitioners is the same in both cases. If you’ve had dental treatment that fell below the standards you’d expect then contact Wolferstans to ask about a dental negligence claim.
Our medical negligence claims solicitors provide a free initial consultation, and if we think you’ve been the victim of dental negligence we’ll explain how the process works and set about gathering the evidence to prove that you’ve been badly let down.
Specialists You Can Trust
We’ve handled hundreds of complex medical negligence claims — recovering over £105 million for clients in the last five years alone.
In addition to this, we work with leading medical experts to make sure your case is built on the strongest evidence and you receive the maximum compensation possible.
How much compensation can I claim for dental negligence?
The amount of compensation you could receive for dental negligence will depend upon the nature of the injury caused by the treatment. In simple terms, the more serious the injury is and the greater the pain and suffering it causes, the more compensation you could receive.
All dental negligence payments are made up of an amount that reflects the pain and suffering you’ve been through, both physical and psychological. This amount will also take account of the wider impact of dental negligence, such as limiting your social life and making it difficult to eat and sleep.
Some examples of compensation amounts for dental negligence include
- Loss or serious damage to several front teeth – £10,660 to £13,930
- Loss of two front teeth – £5,310 to £9,310
- Loss or severe damage to one front tooth – £2,690 to £4,820
In addition to compensation paid for pain and suffering, a successful dental negligence claim could include an amount for financial costs generated by the negligent treatment. These costs could include:
- The cost of dental repair work such as an implant or crown
- The cost of future specialist dental appointments required to maintain any repair work needed
- The cost of therapy or counselling to cope with the trauma caused by negligent dental treatment
- Any medical bills related to the negligent dental treatment, such as prescription charges
- The cost of travelling to and from dental appointments needed because of the negligent treatment
The experienced dental negligence solicitors at Wolferstans will be able to estimate the amount of compensation you’re likely to receive once the extent of your injury is clear.
Once we’ve decided how much you’re entitled to we’ll gather evidence and build a claim designed to maximise the compensation you could receive.
What are the most common types of dental negligence claims?
Dental negligence claims cover all types of dental work, from simple extractions to large scale cosmetic transformations.
Our clinical negligence solicitors help clients with dental negligence claims across England and Wales, including those related to:
- Damage to or loss of teeth
- Nerve damage
- Cosmetic dentistry errors
- Restorative dentistry errors
- Misdiagnosis or late diagnosis of medical conditions
- Inappropriate fillings and root canal treatment
- Incorrect fitting of a crown or bridge
- Incorrect tooth extractions
- Failure to identify and treat gum disease and tooth decay
- Failure to diagnose oral cancer
- Consent to dental treatment
Wrongful tooth extraction claims
If the wrong tooth is extracted it will cause unnecessary pain and distress, remove what is probably a perfectly health tooth and leave you still needing the right extraction in the future.
Tooth infection claims
An infection caused by dental surgery could become serious if not spotted and treated quickly. In the worst cases it could cause a serious issue such as sepsis or endocarditis.
The negligence in a case of dental infection could involve a dentist not taking the steps needed to prevent infection happening, such as cleaning their instruments sufficiently, or failing to diagnose and deal with an infection which is already present.
Oral cancer claims
If your dentist fails to spot the sign of oral cancer which then goes on to develop further they may be guilty of negligently failing to diagnose, particularly if the reasonable expectation is that a dental professional would spot the symptoms present
Gum disease claims
If your dentist fails to spot and treat gum disease (also known as gingivitis) as early as possible they may be responsible for the impact it has when it develops and becomes much more serious
Nerve damage claims
Negligent dental treatment or a lack of proper care could lead to damage and injury to tooth nerves or even facial nerves
Cosmetic dentistry claims
Many treatments are covered by the term ‘cosmetic dentistry’ and if they go wrong it can be both distressing to cope with and expensive to put right. Examples of cosmetic treatments that might be done negligently include bridges, veneers and crowns.
Lack of informed consent claims
Your dentist has a duty to make sure that you are fully informed of the risks of any course of treatment before you agree to it, including possible side effects. If you aren’t able to give informed consent then you may be able to claim compensation.
In general terms any cases of misdiagnosis of a dental problem, failure to diagnose a problem or treatment being delayed or undertaken incorrectly could form the basis of a dental negligence claim.
If you feel like you’ve been poorly treated by a professional dentist and the results are below the standard you’d expect, please contact us to find out if you could have the grounds to claim compensation.
How long do I have to make a dental negligence claim?
There is a dental negligence time limit of 3 years from the date of the negligent treatment. After this time you will no longer be able to start a claim for compensation.
The exceptions to the 3 year limit include the following:
If you lacked the ‘mental capacity’ to start a claim during the 3 years then the time limit will date from the date on which you regain capacity.
If you were under 18 at the time of the dental negligence then the 3 years will date from your 18th birthday to your 21st.
Despite the 3 year time limit we would always recommend starting your compensation claim as soon as possible after the negligent treatment happens. The circumstances around the treatment will still be fresh in your mind and the impact it has had on your dental health will be clearly apparent.
No win no fee dental negligence claims
We handle dental negligence claims on a no win no fee basis. This means that you pay nothing to us up-front, or when we’re gathering evidence, making your claim and negotiating with the other party.
We’ll only take a fee if your claim is successful and the compensation has been paid, and it will never be more than 25% of the money you receive. If the claim is unsuccessful then the costs of the other party will be covered by insurance we take out on your behalf.
We handle dental negligence claims like this because we think you should be able to seek compensation on the grounds of fairness, not just because you can afford to do so. When you make a no win no fee claim with Wolferstans there are no hidden fees, spiralling costs or extra charges, just a team of dedicated medical negligence experts doing everything they can to get the compensation you deserve.
Support At Every Stage
From your first enquiry to the final outcome, you’ll have a dedicated team of specialists guiding you through the entire process.
We’ll explain everything clearly so you understand exactly what’s going on at any point in time, answer your questions, address possible concerns, and help you get the care and support you need while your claim is ongoing.
What is the dental negligence claim process?
The process of making a dental negligence claim may seem daunting, particularly if you’re in pain and feeling traumatised following negligent treatment. We understand that and our approach is based on providing understanding and support alongside our legal expertise.
We break the claims process into individual steps, working by your side to guide you through each of these steps and seek the compensation you’re entitled to. A typical dental negligence claim breaks down as follows:
When you first get in touch with us we provide a free, no obligation consultation. Once we’ve listened to your experiences and details of the treatment you received we’ll be able to state whether we think you’re entitled to compensation.
If we think you have a strong claim we’ll get to work on your behalf. First of all we’ll take a detailed statement from you, explaining exactly how you were treated by the dental professional involved and the impact this negligent treatment has had on you.
We’ll also arrange an examination with a dental expert of our choice to gauge the extent of your injuries, including any treatment needed to restore you to dental good health and/or a prognosis for your recovery
We’ll gather evidence for your claim including statements from any witnesses, such as friends or family who can describe the condition you were in immediately following the dental treatment and in the days and weeks following
We’ll apply for a copy of your dental records, and use them to build a timeline of the condition of your teeth before and after the treatment
We’ll also apply for copies of any relevant wider medical records, such as those relating to pain relief or antibiotics needed following the treatment, or any counselling and therapy you have felt the need to access
We’ll contact the other party, informing them that you wish to claim compensation and presenting the evidence we have amassed
In the majority of cases dental negligence claims are settled without having to take the claim to court. Our track record in medical negligence cases allied to the strength of the cases we build is usually enough to convince the other party to admit liability.
We pride ourselves in negotiating in a firm but constructive manner, using tried and tested dispute resolution techniques to settle cases quickly but fairly.
Once liability has been admitted we’ll negotiate a fair compensation settlement.
A small number of dental negligence claims have to be settled in court. If this happens we will be by your side throughout, presenting your case in a calm and comprehensive manner and arguing firmly for the compensation that we think is rightly yours.
Throughout the claims process we are on hand to answer any questions and offer one to one support. We know how traumatic it can feel to be let down by a medical professional, and we take the stress out of the claims process so that you can concentrate on making as full a recovery as possible.
Recent successful claims
£27m for child left blind with cerebral palsy at birth
Oscar’s family secured £27m after delayed response to placental abruption caused lifelong brain injury.
£2.8m for missed tumour in x-rays 6 years before diagnosis
Mrs K received £2.8m after a cancerous tumour was visible in x-rays years before diagnosis confirmed.
£950,000 for brain damage from untreated hydrocephalus
Jack received £950,000 after shunts weren’t removed, causing severe brain damage and memory loss.
What do I need to prove in a dental negligence compensation claim?
In order to prove dental negligence we’ll work with you to gather as much evidence as possible. In the first instance, this will involve taking a detailed account from you of details such as:
- How you were treated by the dentist or dental nurse
- The condition your teeth were left in at the end of the treatment
- How you felt in the days and weeks after the treatment
- The impact it has had on your life, i.e. whether you’ve been able to eat and sleep as before, socialise and work as normal, and whether it has left you with a traumatic fear of further dental work
- Where applicable we will provide photographic evidence of the injuries caused by the dental treatment in question
- We will also speak to witnesses such as friends and family who are able to confirm the condition you were in following the dental treatment and the way it has impacted you since
- We’ll arrange an examination by a dental expert of our choice to build a detailed picture of the damage done, remedial action that will need to be taken and the prognosis for any future recovery
- We’ll apply for copies of your dental records to show the condition of your teeth prior to the negligent treatment
- We’ll also include any medical records which are relevant, such as appointments to deal with pain and/or infection caused by negligent dental treatment.
Choosing the best dental negligence solicitors
When you make a dental negligence claim through Wolferstans you’re working with solicitors who have wide ranging experience of medical negligence claims in general and dental negligence cases in particular. We know what it takes to build a compelling case that you’ve been treated negligently, and our track record of securing substantial damages speaks for itself.
Wolferstans is accredited by the Law Society for Clinical Negligence, recognising our particular expertise in this area. We are also Lexcel accredited for excellence in legal practice management and client care.
Alongside our legal expertise and hard won case experience we provide tailored and empathetic care for each of our clients. We understand how difficult it can be to come to terms with negligent treatment from a medical professional, and our supportive, jargon-free handling of claims is designed to take as much stress as possible from the process.
We’re on hand to provide support and answer questions whenever you need us to be, whether the claim is settled quickly or we have to fight your corner in court. We do all of this on a no win no fee basis, meaning you don’t have to worry about legal costs or hidden fees, and can concentrate on recovering from your traumatic experience.
Our accreditations and awards
