Dental Negligence

Dental Negligence

Whether this is due to a misdiagnosis or a delay in diagnosis, failed dental procedures, delay in providing treatment or poor dental care, our dental negligence specialists can assist with various types of dental negligence claims.

In order to bring a claim for dental negligence you firstly need to establish that you have been provided with care / treatment that fell below the minimum standard of care or skill required of a dentist. You will need to show that the dentist did not exercise the professional standard set by the British Dental Association and/or the Dental Practice Board.

A member of our legal team is also a qualified dental surgeon who advises us on technical issues for all our cases and can provide us with an initial view as to whether the treatment has fallen below such a standard.

In dental negligence claims, proceedings must be issued within three years of the date of your injury or from the ‘date of knowledge’i.e. – from the date that you discover that the treatment provided by your dentist was sub-standard. Failure to do so is likely to render your claim Statute Barred and you will be unable to proceed with it.

Having established that a breach of duty has occurred, i.e. the dentist has acted (or failed to act) in a way that was substandard, you must then prove that the breach of duty caused ‘damage’. The burden of proof lies with you to prove your claim to the civil standard i.e ‘upon the balance of probabilities’. It is normally the causation element of a claim that you may struggle to prove and so whilst some dental negligence claims are strong upon liability/breach of duty, they can fail upon causation.

It is therefore vital that you seek legal advice at the earliest opportunity. Please complete the contact form and a member of our team will get in touch with you to discuss matters further.

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