Dental Negligence Claims Solicitors In Blackburn

Dental Negligence Compensation Claims Solicitors in Blackburn

Dental professionals are legally responsible for providing a reasonable standard of care for patients at all stages of their treatment, starting right from the initial diagnosis. The law is very specific about what constitutes the appropriate level of care, largely because of the severity and complexity of the consequences that can arise from dental negligence in Blackburn.

If you’ve been enduring persistent pain or an impact on your overall wellbeing due to dental malpractice, you may be entitled to compensation. That’s where we can help here at Farleys. With more than 60 years of experience behind us, we take care to provide expert legal advice in a clear and straightforward manner, free from any unnecessary legal jargon. Our dental negligence solicitors are friendly and knowledgeable, and passionate about achieving the very best outcome for you.

What is Dental Negligence?

Dental negligence, sometimes known as dental malpractice, is defined as any instance in which a patient has suffered adverse effects to their physical health or overall wellbeing as a result of insufficient or improper dental care.

Dental malpractice may have occurred either through direct action or inaction on behalf of your dentist or healthcare professional. For example, a poorly-performed or inappropriate procedure may have worsened your dental condition, or even caused you new issues entirely. Alternatively, you may have suffered due to an unnecessary delay with your treatment.

The nature of these shortcomings or mistakes means that the consequences of dental negligence can often be particularly painful, and frequently have an effect on the patient’s quality of life.

Dental injury claims are the most common type of dental negligence cases. If your situation has resulted in additional costs for you – such as the cost of remedial dental work, or any time you’ve been forced to take off from work – the cost of this financial restitution may be factored into your claim.

Can I Make A Claim Against My Dentist in Blackburn?

If you have cause to believe that your dentist has acted negligently, and in a way that has had a direct impact on your physical health or overall wellbeing, you will be able to make a claim against them. If this negligence occurred in a private practice, your claim will be brought against them directly. If the incident occurred in an NHS facility on the other hand, you’ll be bringing a claim against the specific NHS trust that manages it.

Dental malpractice claims in Blackburn can be made against general dentistry practitioners, as well as dental specialists such as endodontists or orthodontists. Here at Farleys, our dental negligence claims solicitors can help you work out your eligibility for a claim, while guiding you through each stage of the process to make it as simple and stress free for you as possible.

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

Typically, you’ll have three years to make a claim for dental negligence in Blackburn. This is measured from the date that the negligence occurred, or from the ‘date of knowledge’. This is a legal term that refers to the earliest point at which you became aware that there was a problem with your physical health or overall wellbeing. After these three years have passed, in all likelihood you will no longer be able to bring a claim. There are a very 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?

Dentist malpractice claims tend to take anywhere between a few months to a few years to resolve. This timeframe depends on a number of factors, including the severity and complexity of the harm in question, as well as whether the dentist accepts responsibility. Our dental negligence solicitors are well-practised at efficiently resolving most cases within quite a short timeframe. Generally though, the bigger and more complex the case at hand, the longer it will take to resolve.

How Much Can I Claim For Dental Negligence?

Compensation amounts can vary to such a degree that it’s virtually impossible to provide even a rough idea of how much you can expect to receive, without knowing the specifics of your case. Once you’re able to have a more detailed discussion with one of our friendly dental negligence claims solicitors, we’ll be able to give a clearer picture on what level of restitution you can expect to receive.

When does dental treatment become a dental negligence claim?

If your dentist has made a mistake or oversight during your diagnosis or treatment, and you’ve directly suffered harm as a result, then you may have a claim for dental negligence compensation. This mistake may have incurred a new injury or illness, or it may have exacerbated an existing issue.

Wherever possible, our solicitors at Farleys will pursue your case on a No Win, No Fee basis.

Do I have a claim for dental negligence in Blackburn?

Dental negligence generally occurs at the diagnosis or treatment stage. If your physical wellbeing or quality of life has been impacted due to any of the following, you may be eligible for compensation.

Periodontitis (gum disease) which has not been diagnosed or treated in good time by your dentist.
Incorrect or inadequate fitting of implants, where a serious mistake or oversight has been made during the treatment.
Poorly-performed cosmetic procedures, including veneers, crowns, bridges, and teeth whitening.
Tooth extraction procedures which have gone wrong, leading to damage of the nerves and gums. (In particularly rare cases, the wrong tooth may have been extracted.)

It’s worth noting that not every failed dental treatment necessarily means that your dentist has been negligent.

Your solicitor will be able to tell you whether or not you have a strong claim. For your case to have the maximum chance of success, you’ll need to present tangible evidence that verifies that the negligence occurred, and demonstrates the harm that you suffered as a result.

How to prove dental negligence?

Once you’ve met with one of our dental negligence solicitors, one of our first steps will be to collect the various different types of evidence required for your case to be successful. This includes medical records, independent medical assessments, and impartial witness testimony.

It can take anywhere between a few weeks to a few months to obtain your medical records, but they’re a vital prerequisite for establishing whether or not the treatment you received was negligent. We’ll also need them to assess the subsequent impact of this treatment on your overall health, wellbeing, and quality of life.

For your claim to be successful, you’ll need to be able to prove the following:

Breach. Your evidence must clearly show that your dentist breached his or her duty by failing to provide treatment according to the legally required standard of care.
Causation. The dentist’s breach of duty must have directly caused you harm for your claim to be valid. If the link between them cannot be conclusively proven, your case will not be viable.
Damages. You’ll need to be able to prove beyond reasonable doubt the existence, nature and extent of the harm you suffered as a result of this breach of care. If the negligence didn’t directly result in harm, your claim cannot continue.

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

Dental negligence can have severe and long-term impacts on your life, and in some cases the consequences may even be permanent. Depending on the specifics of your case, you may be able to claim for the following:

Pain and suffering you’ve endured
Loss of earnings if you’ve been forced to take time off work
Travel and living expenses, including the costs of adapting your car or home
Ongoing illness and recovery time
Costs of care, including compensation for any care and support provided by your family or friends
Medical expenses (including those incurred by corrective treatment or further procedures) physiotherapy, prescription charges and painkillers