The Medical Practitioners Act 2007 recognises Dentists as medical practitioners, therefore Dentists have a duty of care to their patients to conduct dental procedures to a high standard.
The growth in orthodontic procedures and elective cosmetic dentistry (e.g. teeth whitening, crowns, veneers, implants etc.) in recent years has sparked an increase in dental negligence/ dental injury cases.
Dental negligence can present itself in two forms:
- Clinical negligence – failure to diagnose a condition/ failure to provide necessary treatment;
- Dental malpractice – poor standard in the dental work carried out, incorrect treatment or substandard work which resulted in a personal injury or altered a personal appearance.
Dental negligence can occur in many forms such as:
- Nerve damage
- Deficient implants
- Substandard fillings or crowns
- Extraction of the incorrect tooth
- Incorrect/ failure to diagnose dental conditions
- Incorrect treatment leading to pain or discomfort
- Failure to manage treatment such as tooth decay, gum disease etc.
- Inadequate fitting of veneers leading to pain or discomfort
- Poor standard of hygiene leading to infection
- Performance of unnecessary dental procedures
- Oral cancer claims
The above list outlines the most common cases of dental negligence however, this list is not exhaustive. There are many areas wherein a dental practitioner can be found to have failed in their duty of care.
Negligent dental care does not include dental care that was simply unsuccessful or yielding unexpected results. It must be proved that a dentist failed to fulfil his/her duty of care to the patient, whether this be through a mistake made during a procedure, a misdiagnosis or indeed a failure to diagnose the issue.
To avoid any further distress, we will establish whether or not there is a valid case and begin the process by taking up a copy of all relevant dental records. Your dental records will be sent to an expert in this area of dentistry for a liability report. The liability report is crucial to any case of dental negligence as it will outline whether to not your treating dentist was negligent and if there is a case to answer for.
From there we can move forward with your case while you focus on your physical and mental recovery.
A successful dental negligence claim may cover compensation for the following:
- General Damages such as pain and suffering either physical or psychological due to the injury;
- Special Damages such as expenses you have incurred as a direct result of the practitioners negligence. For example, if further treatment is required to rectify the damage, medical expenses, transportation expenses, miscellaneous expenses and loss of earnings as a result of the inadequate or lack of treatment provided.
With over 30 years’ experience in personal injury, medical negligence and dental negligence claims, Tiernan & Co. Solicitors have the required knowledge and skill set to advance our client’s cases and ensure our client’s receive the compensation they deserve.
