Clinical Negligence

Dental Negligence

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Dental Negligence

How is Dental Negligence defined? 

The term dental negligence is similar to medical negligence and can be defined as a level of treatment by a qualified dental professional which is below what would normally be expected. The actions of a dental professional which lead directly to physical or emotional distress due to lack of reasonable skill or care is therefore classed as negligence.

Dental negligence can also occur when a dentist fails to act in an appropriate way which leads to similar distress. If you experience any form of suffering due to the actions or inactions of a dental professional, you may be able to bring forward a claim of dental negligence.

What type of actions can be construed as Dental Negligence?

There are many forms of dental negligence, primarily including:

•  Missed diagnosis

•  False diagnosis

•  Careless dental work

There have also been many cases of patients receiving too much anaesthetic, whether local or general, and also dental instruments falling into the throat of a patient, although occurrences of this happening are incredibly rare.

Missed Diagnosis

This occurs when a dentist does not notice a problem with teeth, gums or any other oral problem, and leads to the problem worsening as a result of the dentist’s failure to notice the problem. Many claims of dental negligence have been brought forward as a result of missed diagnosis.

False Diagnosis

A false diagnosis is slightly different to one missed altogether. Where a missed diagnosis is a complete failure to diagnose an issue, a failed diagnosis occurs either when a problem is noticed but the dental professional deems it unworthy to act (in which case misjudging the nature and/ or severity of the problem) or work is carried out on the problem but in a way unfitting to the true nature of the issue.

False diagnoses can lead to a problem worsening and becoming even more difficult to treat, often necessitating a completely different treatment which would not have been necessary had the issue been properly diagnosed.

Careless Dental Work

Careless dental work is defined as a dental professional not practicing the safest working methods when treating a patient. This could be classed as placing dental implements in an inappropriate or unsafe place which leads to harm caused to the patient. It can also be defined by the actual treatment of a patient carried out without due care and attention which leads to physical suffering on the part of the patient either during or following dental work.

As well as these more common cases of dental negligence, there have also been cases of patients receiving too high a dose of anaesthetic, leading to complications in treatment and surgery. Anaesthetic can lead to severe health issues such as a lack of oxygen flow to the brain resulting in brain damage, or perhaps a strong allergic reaction to the anaesthetic itself; this can be a result of the dentist failing to make the relevant checks when preparing for treatment under anaesthetic.

I think I have been a victim of Dental Negligence – what should I do?

If you believe you have experienced dental negligence whilst receiving treatment, you can pursue a claim against the alleged negligence in a legal claim. It is advisable to begin your claim as soon as possible, as it can take up to four months for a legal representative to gain access to your dental records and begin contesting your claim.

It is recommended that you approach a specialist dental negligence expert when claiming for dental negligence, as there are many intricate aspects concerning dental treatment and the law. A legal expert in this field usually has qualified dental experience which can prove a valuable asset in contesting any claim.

How difficult is it to fight and win a dental negligence case?

It can be difficult to successfully contest a claim of dental negligence. A court of law will always employ dental professionals to assess the case, and these professionals will conclude whether the alleged negligence made a significant difference to the treatment received or the outcome of that treatment.

Also, any verdict must be given in comparison to the work of the average professional dentist. This essentially means that the likelihood of the alleged negligence occurring would usually be less than 50% if carried out by another qualified dental professional.

In this respect, a claim against dental negligence can be quite difficult to contest; but if you feel that the level of service you received was significantly lower than it is reasonable to expect, you should find you have a solid base for a claim.

Are dental negligence cases expensive?

As with many legal cases, a claim against medical negligence can be both lengthy and costly. You should consult a specialist dental negligence solicitor before pursuing a court case as they can offer an insight into the strengths and weaknesses of your claim.

You may need to take time off from work in order to progress your claim, and attend court if necessary. This can obviously lead to loss of earnings. If you are unable to pay all or part of your legal costs, you may be entitled to legal aid, of which your solicitor should advise you. If the claim goes to court, you can also apply for help with court costs, again your solicitor should explain this to you.

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