Dental Negligence Compensation Claims Solicitors - Dentist Complaints

Most dental surgery is carried out effectively however there are times when things go wrong and a problem does arise which is where we can step in to help you claim compensation. Our specialist medical negligence solicitors are all members of the Solicitors Regulation Authority panel of clinical negligence experts and deal with dental negligence claims using the no win no fee scheme. Compensation is paid in full with no deductions and you will not be asked to fund or finance the dental negligence claim as it proceeds. For children or those on a low income it may also be possible to obtain Legal Aid which always concentrates dental negligence insurers minds on settlement. If you have a complaint against a dentist and would like to find out if you have a viable case for compensation we offer free legal advice with no further obligation. To talk to a specialist lawyer about a dentist or a dental problem just use the helpline, complete the contact form or email us and we’ll arrange a call-back at a convenient time.

SOLICITORS HELPLINE 0844 332 0996

Negligent Treatment

Whilst you may have a justifiable complaint against a dentist because of a dental problem, the most difficult question to ask in a dental negligence claim is whether or not the dentist was actually negligent. Determining fault by a dentist is not as easy as it may seem as the definition of negligent dental treatment has changed and developed over the last century. Currently the standard of care required is such that it must not have fallen below an acceptable level which is determined by reference to several parameters chief of which is the necessity to show that a significant number of dentists faced with a similar medical situation would have responded in the same way as the dentist against whom negligence is alleged. This means that if there are several possible methods of treatment, provided that there is significant support from medical practitioners, a dentist will not be deemed to be negligent if the specific treatment that was chosen failed whereas the use of alternative treatment may have succeeded. The one proviso in this definition of negligence is that the treatment used, even though it may have been supported by a significant group of dentists, must stand up to logical analysis in regards to the particular medical situation that arose.

SOLICITORS HELPLINE 0844 332 0996

Time Limits

Time limits in dental negligence claims are governed by The Limitation Act 1980. In general terms if you have a complaint against a dentist, a claim must be settled or proceedings must have been issued in a court of law within three years of the incident giving rise to injury failing which the opportunity to claim compensation may have been lost forever. There are exceptions to this general rule for minors, where time does not start to run until the age of eighteen years and for the mentally handicapped, where time does not start to run until mental capacity has been regained. In addition time does not start to run until the medical problem has been formally identify and diagnosed which may be many years after the initial erroneous treatment. Judges also have a rarely exercised discretion to over-ride all time limits within The Limitation Act 1980.

SOLICITORS HELPLINE 0844 332 0996

No Win No Fee

We are one of the few firms who deal with dental negligence claims using a risk free no win no fee arrangement. We guarantee that compensation is paid in full and that win or lose their will be no charge to the client. Most of our competitors will offer a no win no fee scheme but will expect their clients to pay for expenses as the case proceeds. These expenses can be very substantial often amounting to thousands of pounds and if the case is lost or abandoned then the client has the problem og losing their contribution. If you would like a full explanation of how we work in relation to dental problems and complaints against dentists, don't hesitate to call the helpline where you will find a lawyer who speaks plain English who will explain matters in detail without using any legal jargon. Do yourself justice and give us a call.

SOLICITORS HELPLINE 0844 332 0996

Claims Procedure

Dental negligence claims are no different to any other medical negligence claim, the legal procedure for which is based on compensation claims for general personal injury but with some substantial differences of protocol due to the different nature of clinical claims. The overriding goal of most lawyers is to negotiate early settlement without the necessity of issuing legal proceedings in a court of law. Most cases with compelling evidence of negligence will settle once the medical situation has reached stability however for those that don't settle either due to evidential difficulties or due to intransigence of insurers it may be necessary to issue a summons in a court of law whereupon the established protocols for medical negligence compensation claims will be invoked. Upon initial contact our lawyers will take a detailed statement and in suitable cases will enter into a no win no fee agreement. A full assessment of the case will then take place following access to medical records held by the negligent dentist. All documentation will then be considered by a medical consultant who is a clinical negligence expert and that report will be used to draft a formal letter a claim. All medical practitioners carry compulsory insurance for dental problems and the matter will thereafter be handled by insurers who have three months to respond to the claim with either an admission of liability or an intention to deny liability and defend the claim. In the event that there is no admission the matter then proceeds to a final hearing in court to determine the issues.

SOLICITORS HELPLINE 0844 332 0996

Damages Awards

Damages in a dental negligence claim are divided into two main categories both of which carry interest but at different rates :-

• Special damages represents compensation for items that can be calculated with a reasonable degree of accuracy without the need for detailed assessment including:-
  
  
  • loss of earnings
  • medical expenses
  • travelling expenses
• General damages represents compensation for items that cannot be calculated on a strict mathematical basis and need to be assessed, the main component of which is pain and suffering. The amount awarded by a judge in a dental negligence claim is based on previously decided cases and guidelines provided by an independent body called the Judicial Studies Board.

SOLICITORS HELPLINE 0844 332 0996

Dental Records

In order for a dental negligence claim to be assessed it is necessary for the medical records to be accessed. The simplest way is for the patient to make a direct request for the records under section 7 of the Data Protection Act of 1998. A full copy of the records must then be supplied for a small fee. If a dentist causes a problem by being tardy or intransigent in the provision of records, a solicitor can make an application to a court of law, 40 days after the initial request requiring production of the records. In addition a complaint about professional behaviour can be made to the General Dental Council following failure to disclose the records.