Dental Negligence Claims In Accrington

Dental Negligence Compensation Claims Solicitors in Accrington

The law is very clear in its requirements for dentists to provide a reasonable standard of care for their patients, right from the initial diagnosis. And for good reason too, as dental negligence can have long-term and sometimes severely painful consequences. If you’re currently dealing with persistent pain or a negative effect on your overall wellbeing due to dental negligence in Accrington, you may be eligible for compensation.

That’s where we can help here at Farleys Solicitors. We have more than 60 years of experience behind us, and our dental negligence claims solicitors make sure to engage with you in a friendly and accessible way, giving you clear and actionable legal advice that’s free from unnecessary legal jargon. Above all, we’re passionate about achieving the best outcome for you.

What is Dental Negligence?

Dental negligence, or dental malpractice, is classed as any instance in which a patient has endured avoidable or unnecessary pain, injury or harm to their wellbeing, as a direct result of a dental professional’s failure to provide adequate care.

Dentist malpractice may have occurred through direct action on behalf of your dentist, such as an incomplete or poorly-performed procedure, or inaction, such as unnecessary delays to your treatment.

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 the most common type of dental negligence cases. Your own case may or may not include financial restitution for any monetary loss you may have incurred – such as the cost of additional remedial dental treatment, or time you’ve been forced to miss from work.

Can I Make A Claim Against My Dentist in Accrington?

If you believe that your dentist has acted negligently in a way that’s harmed your physical health or overall wellbeing, you’ll be able to make a claim against them. If the negligence occurred in an NHS practice, you will be bringing your claim against the NHS trust which manages it. If you’re bringing a case against a dentist in a private provider on the other hand, the claim will be brought against them directly.

Dentist malpractice claims in Accrington can be made against general dentistry practitioners, as well as specialists such as endodontists and orthodontists. Our dental negligence claims solicitors here at Farleys can help you navigate the specifics of your case, once we’ve established your eligibility for a claim.

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

You have three years to make a dental negligence claim in Accrington, starting from the date of the incident, or from the ‘date of knowledge’ – a legal term which refers to the earliest point at which you became aware of a tangible effect on your oral health or overall wellbeing. Once that three-year time limit has expired, you will no longer be able to bring a claim (although there are a few select exceptions to this rule).

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?

Dental malpractice claims in Accrington can take somewhere between a few months to a few years to settle. The severity and complexity of your injury or issue can be just two of the most crucial factors that affect this timeframe. Typically, the bigger and more complex the case, the longer it will take to resolve.

How Much Can I Claim For Dental Negligence?

It’s almost impossible for us to give even a general idea at this stage of how much you can expect to receive, as it’s all so heavily dependent on the specifics of your case. However, once you’ve had a more detailed discussion with one of our dental negligence claims solicitors, we’ll be able to provide you with a clearer picture of how much compensation you could receive.

When does dental treatment become a dental negligence claim?

During your diagnosis or treatment, if your dentist has made a mistake or misjudgement that’s directly resulted in an injury or illness for you, then you may have a claim for dental negligence compensation. (You might choose to bring a claim because your treatment has introduced a new issue, or exacerbated an existing one.)

Wherever possible, we’ll pursue your case on a No Win, No Fee basis, so there’s no financial risk to you.

Do I have a claim for dental negligence?

Dental negligence generally occurs during diagnosis or treatment. If you’ve suffered harm due to any of the following, you may be eligible for compensation.

Periodontitis (gum disease) which your dentist has failed to correctly diagnose and treat within an acceptable timeframe.
Incorrect or inadequate fitting of implants, in which your dentist has made a mistake or oversight during the procedure.
Poorly-performed cosmetic procedures, like veneers, crowns, bridges and teeth whitening.
Issues arising from tooth extraction procedures, which may have led to damage of the nerves and gums. (In particularly rare cases, the wrong tooth may even have been extracted.)

It’s worth noting that not every failed dental treatment automatically means that your dentist was negligent.

Your solicitor will be able to tell you whether or not you have a strong claim. For your case to have the best chance of success, you must be able to present evidence that demonstrates this negligence occurred, and proves the harm you may have suffered as a result.

How to prove dental negligence?

In order for one of our dental negligence solicitors to move forward with your claim, we’ll first need to collect various types of evidence, including medical records, independent medical assessments, and impartial witness testimony.

Obtaining your medical records can take anywhere between a few weeks to a few months, but it’s essential in helping us to establish whether or not the treatment you received was negligent, and assessing the subsequent impact on your health, wellbeing and quality of life.

For your claim to be successful, you must be able to prove the following:

Breach. Evidence must show that the dentist breached his or her duty by falling short of the required standard of care, which is measured against other reasonable dentists of average skill.
Causation. You must be able to prove that the dentist’s breach of duty directly caused you harm. If this direct link cannot be conclusively proven, your claim cannot proceed.
Damages. Proof must be provided of the existence, nature and extent of the harm you suffered as a result of your dentist’s breach of care. If the negligence didn’t result in harm, your case is very unlikely to succeed.

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

Dental negligence can have a severe impact on your quality of life, and it’s not unusual for these cases to have long term consequences over months or even years. (Some consequences, sadly, can be permanent.) Accordingly, you may be able to claim for the following:

Pain and suffering you’ve endured as a result of the negligence
Loss of earnings if you’ve had to take time off work
Travel and living costs, including the costs of adapting your car or home
Ongoing illness and recovery time
Costs of care, including compensation for the care and support provided by any friends or family members
Medical expenses – including the costs of any further or corrective treatment – physiotherapy, prescription charges and painkillers