01 Apr Making a Claim for Dental Negligence or Injury
Going to the dentist is stressful at the best of times. Whether the treatment is a much-needed surgery or a cosmetic procedure, we trust that we are in the hands of capable dentists. Unfortunately, this isn’t always the case. As the number of patients getting dental treatment grows, so does the number of people making dental negligence claims.
If you want to make a dental negligence claim, talk to one of our personal injury solicitors in Dublin today.
What is dental negligence?
Dental negligence occurs when you suffer an avoidable injury or illness after dental treatment because a dentist – or support staff – did not provide competent care.
Unlike most other personal injury claims, a dental negligence claim cannot be submitted to the Personal Injuries Assessment Board. This is because dentists are considered to be medical practitioners. So if you want to make a dental negligence claim, it is necessary to contact a personal injury solicitor.
How do I know if I have a case?
First of all, you need to have suffered from an injury or illness – a close call won’t cut it.
You should also note that an unsuccessful treatment doesn’t necessarily indicate negligence, even if it caused you harm. The outcome may have been unavoidable.
Examples of dental negligence
There are many circumstances which could give rise to a claim, such as:
- Failure to diagnose or misdiagnosis – for example, cancer or gum disease
- Carelessness – for example, a cut lip or nerve damage
- Incompetent treatment – for example, filling a tooth incorrectly or fitting crowns badly
- Failure to get consent – in 2018, a Dublin woman settled a case for €60,000 after her dentist filed away a tooth without her consent
This list touches on just a few possible reasons to pursue a dental negligence claim. A solicitor can provide advice for your individual situation.
How to make a dental negligence claim
Record the date of the incident and gather any evidence that may prove negligence, such as photos and dental records. Then bring this information to a solicitor immediately.
Usually, the statute of limitation is two years but when it comes to a dental negligence claim, this can pass before you even realise there’s a problem. However, you can make a claim within two years of the date you became aware of your injury or misdiagnosis. If you’re worried it’s too late to initiate a case, contact us as soon as possible. If you believe you’ve suffered an injury or illness and want to make a dental negligence claim, get in touch with one of our experienced personal injury solicitors today.