As with any medical treatment, when you attend a dentist a certain standard of care is expected and trust is placed in the dentist to perform a procedure or administer treatment without something going wrong or harm being caused to you. If you have had substandard dental care or suffered an injury and/or financial loss as a direct consequence of negligent dental treatment then it may be possible to pursue a claim for compensation.
Types of Negligent Dental Treatment
A negligence claim can arise from a number of situations such as:
- Misdiagnosis or failure to diagnose a condition
- Incorrectly performed dental surgery
- Removal of a healthy tooth
- Unnecessary dental procedures
- Injury or infection from dental equipment
- Bone or nerve damage
- Careless and substandard dental work
- Negligently administered anaesthetic
Making a Claim*
The first step in the process is to obtain legal advice without delay. We will discuss your potential claim with you in detail and offer an immediate assessment. Before proceeding with a claim it will be necessary to take up copies of your dental treatment records. The details of your treatment will need to be reviewed and it may be necessary to engage a medical expert for an opinion so as to better ascertain whether there is a potential negligence claim. It will then be necessary to put the dentist on notice of your intention to pursue a claim for damages.
Unlike other personal injury claims, medical negligence claims do not go through the Injuries Board process before proceedings are issued. However, before any court proceedings can issue you must first obtain an independent medical report commenting on the alleged negligent dental care. It is not possible to simply issue proceedings and call on the alleged wrongdoer to deal with the claim. The negligence claim must be supported by expert medical opinion.
If you believe you have had substandard dental work carried out or been injured while in the care of a dentist it is important to seek legal advice as soon as possible. There are strict time limits within which to issue legal proceedings and taking up medical records and seeking an independent medical opinion may take time.
If you wish to discuss a potential claim or would like advice on any matter, please Contact Us for consultation.