As you may have suffered a dental injury as a result of a Dentist’s error or oversight, you could be entitled to claim compensation. At Harris Fowler we specialise in getting you the compensation you deserve. This page will set out the elements of a claim we will need to prove and some hints and tips to help your claim go smoothly.

In order to make a claim for compensation following Dental Negligence you have to prove three things

• That the other party owed you a duty of care
• That the treatment fell below the standard of care expected.
• That the failure to meet the standard of care caused you injury.

Duty of care

For the most part this is the easiest part of a claim to establish as the courts have already established that dental practitioners owe their patients a duty to take reasonable care.

This duty includes but is not limited to a duty to

• Investigate a patient’s symptoms
• Take appropriate action in protecting dental health and treating symptoms
• Provide appropriate advice and information about dental care
• Monitor gum health
• Diagnose dental decay
• Consider and discuss alternative treatment options, and the risks and benefits of each
• Obtain informed consent
• Make appropriate referrals

Breach of Duty

The second part of a claim is to show that the dental practitioner has failed to take such care as is reasonable in the circumstances either by doing something incorrectly or failing to do something that should have been done.

The Courts have established that this standard of care is an objective one and requires that a dental practitioner exercise the skill and care of a reasonably competent member of their profession. 

In other words we are required to show that some aspect of the treatment ought to have been done differently and the treatment falls below the standard that might be expected from a reasonable practitioner. This is often a technical question involving analysis of the standard practice and the guidelines which a practitioner should follow. The court will rely upon the opinion of a dental expert who will review your dental records and radiology and will consider the standard of the treatment provided. 

As breach of duty in Dental Negligence claims is a highly technical area of law, due to the range of opinions on modern treatment methods it is important you seek the advice of a specialist Dental Negligence solicitor who will be better able to advise you on the facts of your case.

Injury

The third and final part of bringing a claim is demonstrating that the breach of duty by the dental practitioner has caused injury.  Where a link between breach of duty and injury is proven, the Claimant will be entitled to claim compensation for the injury. In addition, the Claimant can recover any financial losses or expenses incurred as a result.

The Court will rely upon the opinion of dental experts, to determine whether the Claimant’s injury has been caused by the alleged breach of duty.  A dental practitioner may seek to defend a claim by raising an argument that the injury might have occurred for unrelated reasons. These might be technical arguments and the Court will be guided by expert opinion as to whether the injury claimed could and should have been avoided by reasonable treatment.

The value of compensation for injury is assessed according to the circumstances of each Claimant, and will depend upon the nature of the injury and the duration of the symptoms. The Court will consider the degree of discomfort and the extent to which a dental injury has caused functional difficulty such as a difficulty eating.  Awards of compensation may be greater where a number of teeth have been lost or damaged or where chronic tooth pain has been caused, over a number of years.  It is relevant to consider whether a Claimant has undergone or will require a lengthy course of uncomfortable dental treatment.

Expert opinion will also assist the court in assessing the value of each claim. Expert Reports will identify the injury caused by the dental practitioner’s breach of duty and will assess the Claimant’s condition and symptoms. The expert will then advise as to the prognosis for recovery and will explain the treatment that might be needed to put right what has been done, as far as is possible. The expert will confirm the cost of the treatment needed, so that the cost can be included in the claim. For example, if a tooth can be made comfortable and successfully restored then the cost of that treatment will be claimed. If the tooth has been lost, or is expected to be lost as a result of a breach of duty in treatment, the cost of replacing that tooth, perhaps by implant, would be included in the claim.

In addition to treatment costs, the claim will include financial losses and expenses relating to the injury or treatment such as medication costs, the cost of travelling to appointments and loss of earnings if the Claimant has taken time away from work due to symptoms or treatment.

Hints and Tips

 If you are thinking of bringing a dental negligence claim, it might be helpful to bear in mind the practical steps that you can take:-

• It is always best to avoid delay. A dental practitioner might successfully defend your claim if it is not started within 3 years of the cause of action arising. It might not be easy to determine when this 3 year limitation period starts to run, particularly when a problem with treatment does not become apparent until much later. Your solicitor will advise you on the specific circumstances of your case but the important thing for you to bear in mind is that you could run out of time to bring your claim and therefore you should seek legal advice as soon as you can.
• Keep safe any letters or documents that are relevant to your treatment.
• Hold on to any documents that show your losses and expenses, such as receipts, travel tickets, invoices, wage slips or accounts.
• Make a note of any difficulties caused by your injury and any discussion that you have with your dental practitioner about it.