Dental Negligence Claims Solicitors In Preston

Dental Negligence Compensation Claims Solicitors in Preston

All dentists are legally required to provide a reasonable standard of care for their patients at all stages of the treatment, spanning right from the initial diagnosis. The law is very clear about what constitutes the acceptable level of care, due to the severity of the consequences that patients can suffer from the effects of dental negligence. If you’re suffering from painful or long-term repercussions of dental negligence in Preston, you may be eligible for compensation.

That’s where we can help here at Farleys Solicitors. With more than 60 years of experience behind us, our dental negligence solicitors have a wealth of specialised expertise in their field. We take care to engage with you in a friendly and approachable way, giving you clear and straightforward legal advice that’s free from any unnecessary legal jargon. Above all, we are passionate about achieving the very best outcome for you.

What is Dental Negligence?

Dental negligence, or dental malpractice, is classed as any instance in which a patient has suffered unnecessary pain, or otherwise endured avoidable harm to their overall wellbeing, because their dentist has failed in their duty to provide a reasonable standard of care.

Dental negligence may have occurred through a direct action, such as a misdiagnosis or careless mistake during a procedure, or through inaction, such as a failure to take proper precautions, or unnecessary delays to your treatment.

All are equally serious, as the consequences of dental negligence can be particularly painful, and frequently have a severe effect on the patient’s quality of life. (Dental injury claims are some of the most common types of dental negligence cases.) Your own dental negligence case may or may not cover financial restitution for any monetary loss you may have suffered, such as the cost of additional remedial treatment, or compensation for any time you’ve been forced to miss from work.

Can I Make A Claim Against My Dentist in Preston?

If you think that your dentist has acted negligently in a way that’s directly affected your physical health or overall wellbeing, you’ll be able to make a claim against them. If the negligence occurred in a private practice, the claim will be brought against them directly. If it happened in an NHS facility on the other hand, you’ll be bringing your claim against the NHS trust that’s responsible for managing it.

Dental malpractice claims in Preston can be made against dentists of various disciplines, from general practitioners to specialists such as orthodontists or endodontists. Our dental negligence claims solicitors here at Farleys can help you navigate the specifics of your case, as soon as we’ve established your eligibility for a claim.

How Long Do I Have To Make A Dental Negligence Claim?

Dental negligence claims in Preston must be made within three years from the date of the incident, or from the ‘date of knowledge’. This is a legal term used to define the earliest point at which you became aware of a tangible effect on your oral health or overall wellbeing, one that could be directly linked to dental negligence.

Once this three year time limit has expired, you’ll typically no longer be able to bring a claim. (There are some exceptions to this rule, but they’re very few and far between. Therefore, if you think that you might be eligible for a claim, we’d always recommend initiating proceedings as soon as possible.)

Types of Dental Negligence Claims

There are many different types of dental negligence claims, many of which overlap with each other, so the list we’ve provided here isn’t exhaustive.

Generally though, if you’re suffering from prolonged pain or harm to your wellbeing due to one or more of the following, you may be able to claim compensation.

Incomplete or poorly performed procedures

If a procedure is carried out without the right preparation, specialised equipment, or appropriate level of care, it can have serious consequences. Some of the most common dental negligence cases we deal with involve procedures such as:

Root canals
Fillings
Tooth extractions (including wisdom tooth removals) where nerves and gums are damaged, or even in rare cases, the wrong tooth gets extracted
Failed implant treatment, or implant treatment that has caused damage to your mouth
Cosmetic dentistry procedures, such as the fitting of veneers, implants, bridges and teeth whitening

Types of injuries or adverse effects:

Dentist malpractice can often result in particularly intense or long-term pain (and in the most severe of cases, possibly even both). You may choose to bring a dental injury claim based on:

Nerve injuries, including the unnecessary severing of nerves
Extraction of the wrong tooth or teeth
Infection
Cracked or broken teeth
Damage to your gums
Damage to your jawbone

Diagnosis errors or failures

Like any medical professional, dentists have a responsibility to provide you with a prompt and efficient diagnosis, so that the appropriate treatment can be prescribed. Failures at the diagnosis stage could mean that you end up getting the wrong treatment, which could do you active harm. Diagnosis failures can take the form of:

Misdiagnosis
Delayed or missed diagnosis
Failed diagnosis (including periodontitis and oral cancer misdiagnosis)
Inadequate radiology or imaging

Informed consent issues

Dentists are legally required to obtain informed consent from their patient before initiating any treatment. ‘Informed’ is the operative word here – dentists must be proactive in ensuring that patients fully understand the risks and benefits before proceeding. Informed consent issues can arise from the following:

Failure to obtain explicit informed consent for a treatment
Failure to sufficiently explain the risks and benefits of that treatment
Failure to provide a treatment plan, preventative or oral hygiene advice
Failure to explain the alternative treatment options, along with their risks/benefits
Failure to communicate the costs associated with each treatment option
Failure to explain the potential consequences if no treatment is provided

Dental Negligence FAQ's

How Long Does A Dental Negligence Claim Take in Preston?

The timescale varies depending on the specifics of each case, but generally dental malpractice claims in Preston can take anywhere between a few months and a few years to settle. The severity or complexity of the injury or negative effects in question are one of the biggest factors which can influence this timescale.

With our decades of experience and wealth of expertise here at Farleys Solicitors, we’re well-practised at efficiently resolving most cases. However, as you’d expect, the bigger and more complex the case, the longer it will take to resolve.

How Much Can I Claim For Dental Negligence?

It’s very difficult to provide even a rough estimate of how much compensation you could expect to receive for your own case, as it’s so heavily dependent on the specifics of your circumstances. Once you’ve had a more detailed discussion with one of our friendly dental negligence claims solicitors, we’ll be able to provide you with a much clearer idea of what to expect.

When does dental treatment become a dental negligence claim?

Over the course of your diagnosis or treatment, if your dentist has made a mistake or misjudgement that’s directly caused or worsened an injury or illness for you, then you may have a dental negligence compensation claim. Wherever possible, we’ll pursue your case on a No Win, No Fee basis, saving you from any unnecessary financial risk.

Do I have a claim for dental negligence in Preston?

Dental negligence usually occurs at the point of diagnosis or treatment. If your physical wellbeing or quality of life has been compromised by any of the following, you could have a claim for dental negligence.

Periodontitis (gum disease) which has developed because your dentist has failed to correctly diagnose and treat it in a timely fashion.
Incorrect or inadequate fitting of implants, where a serious mistake or oversight has occurred during the procedure.
Poorly-executed cosmetic procedures, including veneers, crowns, bridges and teeth whitening.
Complications that may have arisen from a tooth extraction procedure, especially if it’s resulted in damage to your nerves and gums. (In rare cases, the wrong tooth may even have been extracted.

It’s important to note that not every failed dental treatment necessarily involves means that your dentist has been negligent.

When you contact us with the full details of your case, one of our dental negligence solicitors will be able to give you a more accurate assessment of the strength of your claim.

How to prove dental negligence

Crucially, for your claim to be successful, you’ll need to present tangible evidence which proves that the negligence occurred, and outlines the harm you suffered as a result. At the outset of your case, one of our top priorities will be to gather this evidence, including medical records, independent medical assessments, and impartial witness testimony.

Obtaining your medical records is not an overnight task, and typically takes anywhere between a few weeks to a few months. However, they’re invaluable for helping us to establish the details of the treatment you received, so that we can determine whether or not negligence occurred. We’ll also need them to accurately assess the effect that your treatment has had on your overall health, wellbeing, and quality of life.

For your claim to be successful, the collected evidence must prove the following:

Breach. You must be able to show that your dentist breached his or her duty of care by falling short of the legally acceptable standard.
Causation. You’ll need to be able to establish a conclusive link between the dentist’s breach of duty, and the harm you suffered as a direct result. If your evidence is insufficient to prove this link, your case is very unlikely to succeed.
Damages. Your evidence must demonstrate the existence, nature and extent of the harm that you’ve suffered as a result of your dentist’s breach of care. If you didn’t suffer direct harm due to this negligence, you will not be able to proceed with your claim.

What can I claim for if I’ve suffered dental negligence in Preston?

The consequences of dental negligence can take a severe toll on your physical and mental health, and it’s not unusual for them to last well into the long-term – months or possibly years. Some effects of dental negligence may even be permanent. Depending on the background and specifics of your case, you may be able to claim for the following:

The pain and suffering you’ve endured as a result of this negligence
Any loss of earnings due to being forced to take time off work
Travel and living expenses, such as any costs incurred by adapting your car or home
Ongoing illness and recovery time
Costs of past or ongoing care, including compensation for any care and support provided to you by family or friends
Certain medical expenses you may have incurred, such as physiotherapy, prescription charge and painkillers, or those arising from corrective treatment or further procedures you’ve needed as a result