Law

Can I sue my dentist?

Medical negligence claims are increasingly including cases of dental patients who have received negligent care. From 2015, the payouts for dental negligence have been on an extreme rise. 

Can I sue my dentist? 

If you have undergone dental care that has not been satisfactory or has gone seriously wrong, then you might have the question, ‘Can I sue my dentist?’ The answer to this involves you being able to prove the presence of neglect in their treatment of you. This can be roughly judged based on something known as the 4 D’s of medical malpractice. These are: 

  • Duty 

During their extensive training process, all potential doctors are made aware of the duty of care that they must provide for their patients. 

  • Derelict 

The official term for when a medical professional is considered to have broken this duty of care is dereliction. 

  • Direct Cause 

In order for a medical malpractice claim to be filed, you must be able to prove that it was the direct fault of a medical professional. 

  • Damages 

The medical negligence payout that you earn will be calculated based on the physical injury and the psychological injury, as well as any medical or travel expenses. 

These requirements are the same for both private and NHS negligence claims. If it can be proven to be clinical negligence, then you can receive compensation from the relevant institution. 

How much compensation could I receive? 

There are a number of different factors that will have an impact on the overall amount that you could receive. You will need to be able to prove that your dental injury or condition is worse than it would have been if you had not been the victim of medical negligence. Additionally, things that will have to be considered will be: 

  • Any travel expenses that have built up while you were in the process of receiving medical treatment. 
  • Whether your condition will prevent or may already have prevented you from working and will therefore result in a loss of earnings. 
  • Any cost of extra care you may need to receive. 
  • Any extra medical expenses that you have already paid, in addition to any future treatment that you will need to receive. 

What are the relevant time limits on making a claim? 

The time limit on entering the claims process against the NHS is within three years of when the incident occurred. You must be able to prove that your injuries or illness are directly due to a medical professional’s mistake. Making a claim against the NHS can seem like a potentially daunting task, but in fact it can be straightforward with the right legal support. No win no fee dental negligence claims can allow you to explore the possibilities of your case without the pressure of potentially risking anything. 

In addition to dental negligence claims, there are also NHS negligence claims that include: 

  • Pregnancy and birth negligence claims 
  • A&E negligence claims 
  • Cosmetic surgery negligence claims 
  • Care home and nursing home negligence claims 
  • Wrongful amputation claims 
  •  Surgery negligence claims 
  • Gynaecological negligence claims 

If you have suffered from any of these and want to make a claim for compensation, then you may be able to with the help of an experienced solicitor. 

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