Mistakes made by a dentist or dental professional, as well as being physically painful, can have a long-lasting and significant effect on mental health and wellbeing. In recent years there has been an increase in complaints made to the General Dental Council, with a notable rise in missed periodontal disease (gum disease), over-treatment/unnecessary treatment for financial gain and dentists failing to obtain the proper (informed) consent from patients before commencing treatment.
At Scott Moncrieff, we can advise on bringing a claim in dental negligence, which, if successful, can provide financial compensation to pay for restorative or remedial action, as well as acknowledging the physical pain and mental anguish suffered as a result of the dental practitioner's actions or inactions. Get in touch with Sarah Mynard to find out how we can help you get the compensation you deserve.
What is dental negligence?
Dental negligence happens when a dental professional fails to meet the standard of care required when treating a patient. This applies to all dentists and other dental professionals, including hygienists and technicians, whether you are an NHS patient or a private patient.
For a claim to be successful, a link between the action or oversight and the trauma and consequences that follow must be established.
Examples of dental negligence
Common examples of dental negligence include:
- Missed periodontal disease (gum disease)
- Failure to provide orthodontic treatment
- Incorrect or inappropriate orthodontic treatment
- Supervised neglect over many years of treatment
- Negligent tooth extractions
- Failure to treat/provide any or any appropriate treatment
- Failure to make an early diagnosis of gum disease or caries
- Making an incorrect diagnosis/ failure to make a diagnosis
- Over preparation of teeth for crowns/bridges
- Failed implants
- Failure to treat the whole mouth/occlusion
- Extracting the wrong teeth
- Mistakes in treatment, causing damage or exacerbating existing problems
- Problems with cosmetic dentistry
This list is not exhaustive. If you think you have received treatment that was below the standard you would reasonably expect, and it has resulted in an injury, pain or suffering, get in touch with our team today, who can advise you on whether you have a claim.
Is there a time limit for making a dental negligence claim?
You must make a claim within three years of becoming aware of the problem or three years from when the cause of action arose.
Exceptions to the three-year time limit
There are certain exceptions to the three-year time limit, including:
- If the claim is being made on behalf of someone under the age of 18, the time limit will run from when they reach their 18th birthday
- If the claim is made on behalf of a person suffering from mental incapacity, there is no time limit.
What can I claim for?
You can claim for pain, trauma, illness or injury directly caused by negligence. This can include the effect it has had on your mental wellbeing, as well as any loss of earnings if, as a result of the negligence, you have had to take time off work. Most significantly, you can claim for the cost of paying another dentist to repair your teeth/gums following the mistakes made by your dentist (remedial work).
Making a dental negligence claim with Scott-Moncrieff
At Scott-Moncrieff, we have the experience and expertise needed to bring a successful dental negligence case. Sarah Mynard is a highly experienced and skilled dental negligence practitioner who has pursued an interest in dental negligence for 25 years. A solicitor/barrister by profession, Sarah has brought and settled hundreds of successful dental negligence claims in all areas of dentistry, including missed periodontal disease (gum disease), supervised neglect, failed cosmetic treatment and in failed consent to treatment cases. These claims have been made against a wide range of dental professionals working in both Private and NHS practice.
How will I fund my claim?
In many cases, we can offer conditional fee agreements (also known as "no win no fee"). We recognise that funding is often a concern for clients, and we are happy to discuss conditional fee arrangements before setting up an initial consultation to discuss how we can investigate your claim and bring it to a swift and successful conclusion.
Contact our Dental Negligence Solicitors in London