Dental surgery personal injury compensation solicitors.
Visits to the dentist are something everyone has to make at some point in their life, with many of us going to our dentist multiple times each year.
You have a right to expect a certain standard of care from your dentist and so, if you do not receive this standard of care and you sustain an injury or your oral health suffers, you may well be entitled to make a dental surgery personal injury claim.
MG Legal have a number of specialist solicitors, including dental surgery specialists, who have extensive experience of handling and most importantly, successfully concluding, dental surgery personal injury claims, all on a no win no fee basis.
What is a dental surgery personal injury claim?
Dental surgery personal injury is, broadly speaking, any kind of injury sustained following or as a result of you receiving treatment, or advice, from a dentist.
So, from everyday check-ups to major surgical procedures, you are entitled to expect the same standard of care and that you leave your dental surgery in the same or better condition than when you went in.
If you think that your dental surgery has been carried out negligently, and you have suffered illness or injury as a result of dental surgery carried out in the last 3 years, then contact MG Legal's dental surgery negligence solicitors for a no obligation chat about how we can assist you with a No Win No Fee dental treatment compensation claim.
What is dental surgery negligence?
Dentists perform various duties and so dental surgery negligence can include:
• Removing or filling the wrong tooth;
• Removing or filling a tooth that did not need the treatment;
• Causing excess, unnecessary, damage during treatment ie fracturing teeth or
• Misdiagnosis of conditions;
• Delaying or failing to diagnose conditions;
• Advising the wrong type of treatment;
• Failing to advise or caution of potential issues and any action that could
be taken to minimise or avoid damage;
• Misdiagnosing or missing oral cancer;
• Incorrectly fitting crowns or bridges;
• Cuts and other injuries sustained during treatment;
These are, of course, the most common errors, but whatever you believe your dental surgeon has done, if you believe it has resulted in an injury, please contact MG Legal and one of our expert dental negligence solicitors will be happy to assess your claim free of charge with a view to acting for you on a no win no fee basis.
How common is dental negligence?
With around 40 million dental treatments carried out in the UK each year, it is inevitable that some treatments or dentists will prove to have caused injury, Dental negligence claims are, unfortunately, something that do happen on a regular basis.
The most common causes of negligence claims were extractions (24%), root canal treatment (20%) and cavities or filling treatments (17%). Whatever happened and whatever process was taking place, if you believe your dentist was negligent, get in touch with MG Legal’s specialist dental surgery negligence solicitors for a free of charge assessment with a view to accepting your claim on a no win, no fee basis.
Is there any limit on the type of dental treatment, or type of practitioner I can claim for?
No, there is no particular limit, so whether your dentist was an NHS or Private Dentist, they still owe you the same duty of care. Any other practitioners at their offices are also bound by the same legal duties and so, if you have been injured by an orthodontist, hygienist or any other of member of their staff, you are still entitled to make a claim. Contact MG Legal’s experienced dental surgery personal injury claims solicitors and they will get to the bottom of the matter, providing clear and consistent advice throughout the case.
Can I claim against a retired dentist?
Provided the act of negligence occurred, or became known to you, within the last three years (or you have not yet reached your 21st birthday if the negligence occurred before you turned 18), you can still pursue a claim against a retired dentist. They will have had insurance and/or a union membership at the time of the treatment provided to you and so, the policy or cover they have will still be valid, even if they have since retired. MG Legal have successfully pursued claims against retired dentists for our clients and have been paid out by their insurer. This has not put us off in the past and it will not put us off in the future, we will always do the best for our clients, whatever the situation.
Are dental surgery negligence cases only about physical injuries?
Not at all, with many physical injuries comes an element of psychological injury, from anxiety over visiting another dentist to worries about the cost of the rectification treatment and in the cases of more serious physical injuries can come more significant trauma related symptoms.
How much is my dental surgery negligence personal injury claim worth?
This is a common question we are asked and the truth is that until we have full medical evidence, we can’t be totally sure. Personal injury claims are evidenced primarily in a report from a medical expert, in this instance likely a dentist and potentially a psychologist if you have psychological symptoms. This evidence is then assessed by your specialist personal injury solicitor using, amongst other things, the Judicial Studies Board Guidelines, known as the “JSB”. The JSB is a regularly updated reference book, containing ranges of awards for all types of injuries based on recent awards at Court. This book can be found on the desk or in the briefcase of any solicitor, barrister or Judge and is the first port-of-call when assessing claims for personal injury. This aspect of your claim is known as General Damages, it is your compensation for the personal injury you have suffered.
The remainder of your claim is called Special Damages, an award for the money which you have paid out because of the negligence or have lost out on. So, amongst these losses would be additional medical expenses, travel costs, care costs and future treatment costs for both necessary and cosmetic work. Also included would be any lost earnings due to absences from work.
Together these losses form a “global” settlement which MG Legal’s expert solicitors will ensure is appropriate for your claim before you decide to agree settlement. If you believe you have lost money, or paid out unnecessarily because of dental negligence, tell your expert dental negligence solicitor and they will advise you on how to claim this loss back from your negligent dentist.
How long before my claim settles?
It is the goal of our personal injury solicitors to enusre that your claim for compensation concludes as quickly as possible. As with any personal injury claim, much depends on the severity of your injuries, the extent of expert medical evidence and whether the fault party disputes the claim or not. Different agents handle claims in different ways, for example the NHS Resolution Department, if your claim is against an NHS dentist, will handle a claim differently to the Dental Defence Union, who act for a lot of private dentists.
What we would say is, MG Legal’s expert dental surgery negligence personal injury solicitors will ensure your claim is progressed as efficiently as possible. Whilst we do this, we will always be available for our clients to contact us for updates so that you know what it going on. You won’t find yourself leaving messages with a switchboard that are never returned, at MG Legal we have a ‘hands on’ approach to ensure that you speak to the handler for your claim, whatever the situation. If your claim has not settled yet, we will tell you why and what the options are for progressing the claim.
How long have I got to make a dental surgery compensation claim?
Subject to the Limitation Act 1980, if you have been injured as a result of dental surgery you have three years from the date of negligence, or the date you know about the negligence, to pursue a claim for personal injury. So, if your surgeon makes a clear error on the day, your three years would start straight away, however, if everything appears ok to start with and then you later find out about an issue, say your teeth are later found to be damaged or the work is substandard and fails long before it is expected to, your three years starts from the day you find out this information. There are exceptions, for those under 18 years old at time of the injury, in that minors have three years from their 18th birthday within which to make a personal injury claim.
Who pays my legal fees if I make a dental surgery personal injury claim?
MG Legal’s expert dental surgery personal injury claims solicitors believe that if access to justice should not entail up-front costs, legal jargon, and confusing conversations with fussy solicitors who don’t live in the real world. So, if you have suffered a personal injury during a surgical procedure, as a result of someone else’s negligence, then you should not have to pay up front legal costs to get access to legal representation. This is why we offer to act on all claims on a no win no fee basis, with no financial risk to you.
Why choose MG Legal for my dental surgery personal injury compensation claim?
At MG Legal, each solicitor takes a personal interest in each case and we have a dedicated team of solicitors dealing with cosmetic surgery claims, including dental surgery gone wrong. Our team is well versed in the always relevant pieces of Case Law such a Bolam v Friern and Montgomery v Lanarkshire, as well as having extensive experience of dealing with all types of injury and settling claims successfully at all stages of the process. We believe that our confidence in our own ability is demonstrated by the fact that every personal injury claim we accept is on the basis of a Conditional Fee Agreement, also known as a no win no fee agreement, which means that if we do not succeed for our client, we do not get paid for our work.