Dental Negligence – Do I Have a Claim?

Dental negligence is the term used to refer to when your dentist or another member of your dental team is negligent in their care towards you, directly resulting in accident, injury or illness. Here are a few Q&A’s to help you decide whether or not you have a claim to make.

Did You Give Consent?

Dentistry usually has lots of different options – which treatment you can take, such as whether you have a tooth extracted or whether you choose to have medication instead or which sedation or anaesthetic is available. If these options are not all presented to you at the outset it means that you cannot make an informed decision – which means that if you signed your consent, without having all of the information to make an informed decision, and it has been found that your accident, injury or illness was directly caused by this, you have a claim to make. Equally, if your dentist performs a procedure without your consent, you have a claim to make.

Would This Have Happened Anyway?

To make a claim, it has to be proven that it is more likely for your dentist or other member of your dental team to have caused your accident/injury/illness than for it to have happened anyway. For example, if you have a crown fitted to one of your teeth and it falls off after a few years, causing pain and difficulty in eating, it has to be proven that the crown wouldn’t have fallen off anyway – therefore, it has to be proven that your dentist or other member of your dental team made a mistake when fitting the crown and that it was that mistake that directly caused your crown to fall off.

I Have Gum Disease – Should My Dentist Have Known?

Gum disease, also known as periodontal disease, is linked to poor dental hygiene. Even though you are responsible for your own dental hygiene outside of your visits to the dentist, you could be entitled to a claim if you’ve had gum disease or tooth decay for a long period of time and your dentist fails to diagnose you. Try your hardest to keep your teeth and gums healthy by looking after them yourself – even though it is down to your dentist to point it out to you if you do have gum disease, you should practise good dental hygiene to lessen the risk of gum disease and therefore loss of teeth.

Generally, with dentistry claims, you need to prove that what has happened to you could not have been avoided. If you do not practice good dental hygiene, and if you could have prevented whatever happened to you by practicing good dental hygiene, unfortunately you do not have a claim. However, if you practice good dental hygiene, and whatever happened to you could have been prevented by your dentist, it is likely that you have a valid claim to make.

If you feel you may be entitled to dental negligence compensation contact the UK based firm, Pryers Solicitors , today.

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