You have been a victim of dental negligence if you have you suffered an infection or injury as a result of poor treatment or medical negligence by a dentist.
Dental negligence or dental malpractice occurs where a dentist has failed to carry out a procedure with the due care and consideration. Such mistakes or accidents could be due to incompetence or lack of judgement by your dentist in private or public dental facilities.
Types of Dental Negligence Claims
Dental negligence claims are generally classified into three types: –
Dental injury claims:
Where you have suffered pain or physical injury due to incorrect diagnoses or poorly performed procedure. Examples are wrongful tooth extraction, undiagnosed gum disease, or poorly performed root canal treatment.
Serious injury claims:
This type of negligence involves long lasting or permanent injury. A dentist may fail to diagnose oral cancer in early stages leading to serious consequences or carry out incorrect cosmetic surgery leaving you disfigured.
Informed consent claims:
It is your dentist’s responsibility to brief you about the procedure and any risks or side effects involved with your treatment for instance side effects of anaesthetic medication or effects of dental x-rays to a pregnant woman. If you have not had this discussion with your dentist before your treatment and you are now experiencing issues, you could have a claim for compensation against your dentist.
You may have experienced any of the following types of dental negligence: –
- Negligent root canal treatment
- Wrongful tooth extractions
- Long lasting dental nerve injury
- Cosmetic dentistry problems
- Undiagnosed gum disease
- Tooth decay due to delay in diagnosis
Dental negligence claims are complex cases and can be difficult to prove. Therefore, you need specialist dental negligence solicitors, who have a successful track record of winning dental negligence claims, to represent you. You should bare in mind the following before making undoubtedly one of the most important decision of your life: –
Here at Lynchpin Law, we understand the trauma you are going through and its not just compensation you are after. We will help you get the answers and an apology that you deserve.
Very satisfied with service from Lynchpin Law from the outset. The team were readily available despite a hectic work schedule of mine and were on hand to handle matters out of hours. Nazia in particular was very efficient and tactful in handling quite a testing issue. I would happily recommend Lynchpin Law to anyone.
A truly trusted, reliable, honest and professional service where you are ensured that you are in safe hands and feel that you are their priority. Personally, I feel a big weight taken off my shoulders.
Brilliant service & very professional. Highly recommended, it’s a shame I haven’t got an option to leave a 10 star review.
All work has been done very professionally and perfectly. I am very happy with the service that has been provided in my case. Thanks Lynchpin Law.
The Lynchpin team was available to answer my calls any time and day. Nazia was highly efficient and settled the matter tactfully and swiftly.
Made me feel at ease when I was very anxious about the whole process.
Very quick result. Hope to work with this firm in the future.
Thank you for your help in getting a satisfactory finish.
Frequently Asked Questions – Dental Negligence
What is medical negligence?
When medical professionals – such as doctors, surgeons, dentists, nurses etc – make mistakes due to incompetence or lack of judgement, resulting in an injury or further worsening of your existing condition, they essentially fail in their duty of care to you and cause medical negligence (also known as clinical negligence).
There doesn’t have to be an injury for a medical negligence claim. Mistakes by medical professionals can be made in so many ways such as incorrectly diagnosing your condition (misdiagnosis), providing incorrect treatment, carrying out incorrect surgical procedure and many more.
How do I make a medical negligence claim?
Contrary to common belief, making a medical negligence claim is quite straightforward. When you contact us, we provide you a free consultation under a ‘No Win No Fee’ agreement in order to assess whether you have a claim and how much compensation you might be able to get.
Once we have obtained your relevant medical records from the hospitals involved and your GP surgery, we request an impartial professional advice from expert witnesses (other healthcare professionals). If the advice is in your favour, your case is insured and further expert witness reports are instructed such as ‘Causation and Liability report’ and ‘Condition and Prognosis report’. We also obtain advice from specialist medical negligence barristers to further strengthen your case.
The above process takes a few months. We then notify the defendants (the healthcare provider you are claiming against) about your claim. If the defendants admit responsibility early then we can settle your claim quite quickly otherwise we may need to issue court proceedings. Once settled, you may receive interim compensation payment ahead of your final settlement payment to help you with your ongoing medical costs and living expenses.
You only pay our fees if you win your case and receive a compensation.
What is ‘No Win No Fee’?
‘No Win No Fee’ means that you only pay us if and when you win your case. Our fee can never exceed your compensation as we, by law, cannot charge you more than 25% of your compensation.
Running a medical negligence claim is quite costly but you incur no fee whatsoever throughout the length of your claim. There are various costs involved even before we know there is a case. We cover all these costs on your behalf giving you peace of mind.
If the case is lost, we waive off our fee whilst all other expenses incurred (such as expert witness reports, barrister’s advice etc.) are paid by the insurance policy that we take out at the beginning of your case.
What is the timescale for medical negligence claims?
You usually need to make a claim within 3 years from the date of knowledge, however, there are certain exceptions such as: –
- Minors (under 18) – medical negligence claims involving children can be made any time before they turn 18. Once they turn 18, they have 3 years to make a claim i.e. before they turn 21.
- Mental Capacity – if a person lacks the capacity to make a claim themselves, no time limit applies.
Date of knowledge means the date you became aware of the issue such as an operation that took place 5 years ago but you started experiencing the complications 3 years down the line. In this scenario, the ‘date of knowledge’ would be the date you first experienced the after effect of the operation.
Can I claim for medical negligence after 3 years? – you may ask. There can be various scenarios when determining the date of knowledge isn’t straightforward. Please feel free to contact our team of medical negligence solicitors for a free advice.
How long will it take to settle my medical negligence claim?
Although we aim to settle most medical negligence claims within 9-12 months, more complicated cases can take up to 2-3 years. It all depends on a number of factors such as the severity of your injury, whether the defendants have accepted their fault and factors such as how quickly we can obtain your medical records etc.
How long does it take to receive a settlement cheque?
Once an offer of settlement for you medical negligence claim is accepted, you should receive your compensation cheque within 14-28 days from the date of settlement. However, this can vary based on a number of factors.
What is your fee?
We work on a ‘No Win No Fee’ basis which means that you only pay our fees if you win your case and receive a compensation.
We charge 25% of your compensation at the end of your claim which is agreed from the outset. Your solicitor will keep you fully updated throughout your claim so you know how much compensation you’re expected to receive.
If unfortunately you lose your claim, you walk away without paying anything.
Start your claim by filling out the form below or call 0333 3055 202