Clinical negligence in dentistry involves cases in which a dental professional fails to provide an acceptable standard of care, causing an injury or harm. The reasons to bring a clinical negligence against a dental professional may vary.
Causes of Dental Negligence Claims
The primary causes of clinical negligence claims in dentistry include:
- Misdiagnosis and Delayed Diagnosis: Failure to identify or address oral health conditions such as cavities, gum disease, or oral cancer promptly can result in significant harm to patients.
- Poor Treatment Outcomes: Ineffective or inappropriate treatments, such as poorly fitted crowns, bridges, or implants, often lead to dissatisfaction and long-term oral issues.
- Nerve Damage: Dental procedures, particularly extractions and root canals, can cause permanent nerve damage to areas, leading to pain, numbness, or speech difficulties.
- Infections: Inadequate sterilisation, poor hygiene practices, or incomplete procedures can lead to post-treatment infections, sometimes requiring further medical or surgical intervention.
- Communication Failures: Lack of informed consent, inadequate explanations of risks, and poor communication about alternative treatment options.
- Failed Cosmetic procedures, such as poorly fitted veneers, soft tissue damage following teeth whitening procedure, improper placements of dental implants, inadequate use of braces or aligners.
Burden of Proof:
In order to make a successful clinical negligence claim against your dentist or any other dental professional, we will take into account the following factors:
- Duty of Care: Dentists owe their patients a duty of care under common law and professional regulations.
- Breach of Duty: You must show that the dentist’s actions fell below the standard expected of a competent professional, judged by the “Bolam Test.” This involves considering whether a body of reasonable dental professionals would have acted similarly under the same circumstances.
- Causation: You must prove that the breach of duty caused direct harm or worsened an existing condition. This is often challenging, as dental issues can arise from multiple factors.
- Loss or Damage: The harm caused must result in measurable physical, emotional, or financial losses.
The burden of proof lies with you and therefore we must prove the above on the balance of probabilities.
Compensation in Dental Negligence Claims
Compensation for successful dental negligence claims typically covers:
- General Damages: For pain, suffering, and loss of amenity caused by the injury.
- Special Damages: For financial losses such as medical expenses, lost income, and travel costs related to corrective treatment.
Compensation amounts vary depending on the severity of harm and its impact on your life.
Regulatory Bodies
Dentists in England are regulated by the General Dental Council (GDC), which ensures compliance with professional standards. If you are dissatisfied a treatment you received by a dental professional, you can refer cases to the GDC for investigation on https://www.gdc-uk.org/raising-concerns
Should you wish to investigate a clinical negligence claim against your dentist, please contact us on 01618732740 or hello@Clearlawonline.co.uk