How Long Does A Dental Negligence Claim Take?
In this guide, we will answer the question, “How long does a dental negligence claim take?”
Has a dentist harmed you because they provided you with substandard care? Then you may be eligible to claim dental negligence compensation. If your dental negligence claim is successful, you will receive compensation for the pain, suffering and loss of amenity you went through. Moreover, you could also receive compensation for the financial losses caused by your injuries.
You may be anxious to know how long your potential claim will take. The idea of a long and drawn-out claims process may even put you off from making a claim. This guide will look at how long the dental negligence claim process can take.
To see if you can begin your dental negligence claim, please get in touch with Legal Expert today. our solicitors could help you claim compensation for your injuries. Please use the details below to contact us:
- Call our medical negligence claims helpline on 0800 073 8804
- Or start your dental negligence claim online via our website
- Alternatively, use our live chat to get answers now
Select A Section
- How Do Lawyers Define Dental Negligence?
- What Is The Medical Negligence Claim Criteria?
- How Long Does A Dental Negligence Claim Take?
- When Could Dental Negligence Occur?
- What Are The Symptoms Of Teeth Damage?
- Treatment After Medical Negligence
- Statistics For Dental Surgery Gone Wrong
- How Long Does A Dental Negligence Claim Take – Initial Steps
- Obstacles To Overcome When Filing A Claim
- How Long Does A Dental Negligence Claim Take – How Much Compensation Could I Claim?
- Defining General Damages And Special Damages
- Benefits Of No Win No Fee Claims
- Contact Legal Expert About Dental Negligence Compensation Claims
- How Long Does A Dental Negligence Claim Take – Further Resources
Dental negligence occurs when a dentist fails to meet the required standard of care owed to a patient. Consequently, the poor care the patient receives can be harmful.
Any dental practitioner can be negligent, including a dentist, dental nurse or oral hygienist. For example, a dentist may misdiagnose a patient because they failed to carry out a necessary X-ray. Alternatively, a dentist may negligently give a patient a prescription for the wrong dose of medication and, consequently, the patient suffers from harmful side effects.
We will explain how to make a dental negligence compensation claim in this guide. Moreover, we will look at how long a dental negligence claim takes. And we will look at factors that may extend the length of a claim.
Our solicitors could help you claim compensation for dental negligence. Please call Legal Expert now to see if you can begin your claim.
To make a successful dental negligence claim, you must provide evidence to prove the following:
- Firstly, the dental practitioner owed you a duty of care. (All legitimate medical practitioners owe their patients a duty of care.)
- Secondly, clinical negligence occurred, which breached their duty of care. You may use medical records and eyewitness accounts to prove this.
- And finally, you suffered an injury (whether mental or physical) as a result.
Please get in touch with Legal Expert today, and a claims advisor will be happy to let you know if you have legitimate grounds to claim.
There is a time limit for making a medical negligence compensation claim. Under the Limitation Act 1980, the dental negligence claim time limit is generally three years. Therefore you must begin your compensation claim within this time. However, there are some exceptions to this rule. Please call us to see if you still qualify to claim.
How long a claim takes to settle depends on several factors. For example, the claims process may only take six months with a straightforward case that doesn’t need to go to court. However, a complex dental negligence court case may take a lot longer.
The following factors can affect how long your dental negligence claim takes:
- The length of time your claim will take to settle depends on the severity of your dental negligence injuries and how long your recovery time will be. If the effects are ongoing, your claim may take longer as you need to see how your health and finances are impacted.
- What evidence your solicitor will need to make a successful dental negligence claim. Some types of evidence will take longer to collect than others.
- Whether or not the defendant admits liability for your injuries.
- How easy it is to prove which party was at fault.
- Whether or not a claim goes to court. A dental negligence court case could take longer to settle. (However, most claims are settled out of court.)
Determining how long dental negligence claim cases take to settle can be complex. Please feel free to call our claims helpline, and an advisor can let you know how long your claim may take.
Let’s look at some of the ways that dental negligence can happen. The following errors and mishaps can lead to dental negligence related injuries.
- A dentist can make a negligent surgical error. For example, a dentist may extract the wrong tooth and leave the bad one. Or a dentist may negligently fit a patient with an implant that is too large, causing dental nerve damage.
- A dentist can misdiagnose a patient’s condition. For example, a dentist can fail to spot the signs of oral cancer, even though the symptoms are clear, meaning that the cancer would worsen unnecessarily.
- The dentist may negligently administer the patient’s anaesthesia. As a result, the patient may suffer complications, leading to an illness or even wrongful death.
- Dentists, dental nurses and oral hygienists may administer poor patient care. For example, a dentist may not sterilise their tools properly, causing their patient to suffer an infection.
As a patient, you are owed a duty of care by your dentist. If your dentist has breached the duty of care and harmed you, you may be eligible to claim compensation. Please call our claims helpline today and an advisor can let you know if you are eligible to claim.
If a dentist does not carry out a procedure properly, this can lead to tooth damage. What’s more, dental negligence can also cause nerve damage that affects the mouth or face. Below are the signs that you may have damaged teeth or dental nerve damage:
- You have lost the ability to taste your food properly.
- You feel a tingling or pulling sensation in the area where the injury occurred.
- Where the injury is, you experience a burning sensation.
- The above symptoms make it difficult to eat or drink.
If you make a successful dental negligence claim, you will be compensated for the pain caused by your injuries. What’s more, you could also receive compensation for financial losses associated with the injuries.
If you are injured, please see a dentist as soon as possible for treatment. If you have to pay for private treatment, you could claim back these costs at a later date, providing the injury was caused by negligence.
Many clients ask us, “How long does a dental negligence claim take?” The client may need money right away to pay for any medical treatment to repair the tooth damage incurred. So, their dental negligence lawyer could request an interim payment.
They’d only be able to do this if the defendant has admitted liability after the solicitor has sent the dental negligence letter of claim. If accepted, the claimant would receive their interim payment before the claim has been settled. Of course, it will take longer for an interim payment to be paid if the defendant denies liability for the injuries.
You may wish to know how many dental negligence claims are made each year. Unfortunately, at present, there are not any figures available to show how many people claim compensation for injuries caused by dental negligence. However, an annual NHS report explains how many NHS medical negligence claims are made across different fields.
The NHS Resolution Annual Report and Accounts 2021 offers invaluable insight. The clinical
negligence total was £2,209 million.
When we look at how long a dental negligence claim takes, we must consider the first steps of making a claim.
You don’t have to use the services of a solicitor to make a claim. However, there can be some benefits such as:
- Legal expertise
- Someone to negotiate on your behalf
- Someone who is familiar with the claims process
- A professional who can accurately value your claim
Your Initial Consultation
The first step in the claims process may be an initial consultation with your solicitor. You can meet with your solicitor in person or speak to them over the phone, for example. During the consultation, the solicitor will consult you on the exact details of your dental negligence claim case. They’d assess how likely your claim is to be successful.
Once you’re ready to proceed with your dental negligence claim, your solicitor would request information from you.
Your solicitor may help you access the following:
- The time, date and place of your accident.
- Information about how the accident happened.
- Contact details belonging to witnesses (for statements).
- And photographs of any visible injuries.
- Medical records and information about your diagnosis, and prescriptions to show what medication you took.
- Proof of any monetary expenses and losses that were caused by your injuries.
Our advisors could connect you with an experienced solicitor to handle your claim.
If the defendant denies liability, their insurer or solicitor will usually notify your solicitor. Your solicitor may enter into negotiations with the defendant’s legal representative and present further evidence to support your claim.
If neither side can agree, the claim would be settled as a dental negligence court case. Therefore, the court case could extend the length of the claim.
Another obstacle that can delay the process is having trouble finding a particular piece of evidence to support your claim.
You can refer to the table below to see how much compensation your dental negligence claim could be worth. The table estimates how much compensation you can claim in general damages. General damages compensate you for the injury itself.
The amounts of compensation in the table are based on guidelines from the Judicial College. These guidelines are used by solicitors when valuing injuries. However, it’s important to note that the amount of dental negligence compensation can vary on a case-by-case basis, depending on your circumstances.
|Type Of Damage To Teeth||Settlement Bracket||Comments About The Injury|
|Damage to the teeth||Up to £35,790||There may be chronic or significant damage or pain. This could be caused by a condition such as an abscess which has gone untreated. This could have happened over several years and the general condition of the teeth may have deteriorated.|
|Level (i)||£8,200 to £10,710||Where is the loss of or serious damage to several of the front teeth.|
|Level (ii)||£4,080 to £7,160||Where either two front teeth have been seriously damaged or lost.|
|Level (iii)||£2,070 to £3,710||Where one front tooth has been lost or has been seriously damaged.|
|Level (iv)||£1,020 to £1,600||This level of damages may be awarded on a per tooth basis for loss or damage of a back tooth.|
Please call Legal Expert, and an advisor can estimate how much compensation you are owed for your injuries.
If your dental negligence compensation claim is successful, you can receive up to two heads of claim. Firstly, you can claim general damages, compensation for the injuries you experienced. Injuries can include psychological injuries.
Secondly, you could claim special damages. Special damages repay you for any financial expenses or losses you have experienced that are related to the injury. For example, if you need dental treatment to repair the damage you suffered, you could claim these costs as medical expenses.
Here are some examples of special damages you could claim:
- Medical expenses, including additional dental treatment you needed
- Travel costs
- Care costs
- Reimbursement for loss of income
You may wish to make a No Win No Fee dental claim. A No Win No Fee solicitor will not charge you a solicitor’s fee ahead of time. Instead, you will pay a success fee if your claim is successful. This success fee is a small percentage of the compensation and is capped by law.
Furthermore, you will not pay a success fee if you do not win your claim. And you will sign a Conditional Fee Agreement (CFA) to agree to this process formally.
To see if you can begin your No Win No Fee dental negligence claim, please contact Legal Expert today.
Thank you for reading our guide to how long a dental negligence claim takes. We hope it has answered any questions you may have. If you believe you are ready to proceed and begin your claim, please contact Legal Expert today. We can offer you free legal advice about making a medical negligence claim. What’s more, we can assign a skilled medical negligence solicitor to work on your compensation claim if you have favourable grounds.
To begin your claim, please do contact us using the details below:
- Call our claims helpline, dial 0800 073 8804 today
- Alternatively, you can start your claim online
- Or use our Live Chat to get advice, open 24 hours a day, seven days a week
Before you begin your claim, you can also check out our reviews. To see what previous claimants thought of the service they received.
If you would like to learn more about claiming compensation for dental negligence, please feel free to read the resources below.
Dental Abscess Claims – If you have received negligent treatment for a dental abscess, you may be eligible to claim compensation.
NHS Negligence Claims – If you have been injured because of NHS negligence, see if you can claim compensation.
Cosmetic Surgery No Win No Fee Personal Injury Claims – How to claim compensation for injuries caused by negligent plastic surgery.
How to complain about negligent treatment from a dentist. A guide from Citizen’s Advice.
And more information about how to complain about NHS dental treatment.
How to make a complaint to your dental professional. A guide from the General Dental Council.
We hope we’ve answered the question, “How long does a dental negligence claim take?” If you need anything else, get in touch.
Written by Chelache
Edited by Victorine