When trust is breached in the dental chair, the consequences can be both physically and emotionally distressing. Dental negligence may leave patients dealing with pain, additional treatment, and unexpected financial costs. If you believe a private dentist has provided substandard care, taking legal action may be an important step towards securing justice and compensation.
This guide explains the key stages involved in making a dental negligence claim against a private dentist and outlines what you can expect throughout the process.
Gather Evidence Early
First and foremost, strong evidence forms the foundation of any successful dental negligence claim. You should begin by collecting all relevant documentation as soon as possible. This may include dental records, X-rays, photographs, treatment plans, invoices, and correspondence with the dentist or practice.
By gathering this information early, you place yourself in a stronger position to demonstrate what treatment was provided and where it may have gone wrong.
Consult a Specialist Solicitor
Next, it is essential to seek advice from a solicitor who specialises in dental negligence claims. An experienced solicitor will assess the merits of your case, explain your legal rights, and advise whether you are likely to succeed.
In addition, your solicitor will guide you through each stage of the legal process, ensuring that deadlines are met and procedural requirements are followed.
Establish a Breach of Duty
To succeed in a dental negligence claim against a private dentist, you must show that the dentist breached their duty of care. In practical terms, this means proving that the treatment fell below the standard expected of a reasonably competent dentist.
At this stage, your solicitor will usually obtain an independent expert dental opinion. This expert will assess whether the care you received met accepted professional standards.
Prove Causation
However, proving a breach of duty alone is not enough. You must also establish causation. In other words, you need to show that the dentist’s actions directly caused your injury, pain, or complications.
Your solicitor will work closely with dental and medical experts to demonstrate this link and strengthen your claim.
Comply with Pre-Action Protocols
Before court proceedings can begin, the parties must follow the relevant pre-action protocols. As part of this process, your solicitor will notify the dentist or dental practice of your intention to bring a claim.
This step allows the dentist an opportunity to investigate the allegations and respond. In some cases, this early exchange of information can lead to a resolution without the need for court action.
Issue a Formal Claim if Necessary
If the claim does not settle during the pre-action phase, your solicitor may advise issuing formal court proceedings. This involves submitting detailed legal documents that set out the allegations, supporting evidence, and the compensation sought.
Although this step may sound daunting, your solicitor will manage the process on your behalf.
Negotiate a Settlement
In many dental negligence cases, the parties reach a settlement through negotiation. Throughout this stage, your solicitor will act in your best interests and aim to secure fair compensation.
If an agreement is reached, the claim can conclude without the need for a court hearing. As a result, this approach often saves time, stress, and legal costs.
Compensation and Damages
If your dental negligence claim is successful, you may receive compensation for the losses you have suffered. This can include the cost of corrective treatment, pain and suffering, loss of earnings, and other related expenses.
The level of compensation will depend on the severity of the negligence and its long-term impact on your health and wellbeing.
Get Legal Support
If you believe you have been the victim of serious or gross dental negligence, seeking legal advice as early as possible is crucial. Understanding your rights and having clear evidence will help you take confident and informed action.
Our Dental Negligence teamhas more than 200 years of combined legal experience advising and representing clients in claims against private dentists. We are committed to supporting you every step of the way.
Contact us today to discuss your dental negligence claim and arrange a confidential consultation.
Thinking about a claim? Read about Dental Negligence Claims and how No Win No Fee works, or send us your enquiry.
No Win No Fee: The law limits our success fee to 25% of the compensation for pain, suffering and loss of amenity and for past financial losses, after any state benefits are repaid. Compensation for future losses is not counted. If you win, our success fee is deducted from your compensation. It is a percentage of our basic charges, and the law limits it as set out above. Any After the Event insurance premium is payable only if you win, and is never charged upfront. Your letter of engagement sets out exactly what you will pay for your type of claim, and we explain it before you sign. If you lose, you pay us nothing. This applies as long as you keep to your responsibilities under the agreement. You may have to pay costs if you end your claim early, fail to beat an offer the other side made, or a court finds your claim dishonest or exaggerated; where we have arranged After the Event insurance, it covers some of these costs if you keep to the policy's terms. See exactly what you pay.