Dental Negligence Solicitors - Injury Compensation Claims



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A dental negligence claim solicitor is a lawyer who deals with a specific area of clinical negligence. Complaints against dentists are common enough however the question to be asked is whether or not the dentist was negligent. Did his conduct fall below an acceptable standard? Dentists are judged not by absolute standards but their work is compared to that of similar dentists working in the community. In broad terms if a dentist carries out work and the manner of his treatment is acceptable to a substantial group of competent dentists then that dentist will not necessarily have been negligent even though alternative treatment may have been more successful.

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Compensation Procedure

Determining whether or not a dental negligence claim will succeed is a complex matter dependent on a thorough review of the work that has been carried out by the dentist after consideration of the dental records supplemented by a personal medical examination. To determine if you have a viable claim our solicitors will initially take a detailed statement over the phone and in appropriate cases will enter into a no win no fee agreement. Thereafter the dental records will be obtained and sent for consideration by a specialist who may require personal examination of the work that has been carried out. If a determination of negligence is made then a formal letter of claim is written to the negligent dentist whose insurers will at that point take over conduct of the claim. If the insurers admit liability them the matter proceeds to settlement. If liability is denied the case proceeds to a hearing in court.

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Time Limits

There are time limits in dental negligence claims and in general terms a claim must have been settled or proceedings must have been issued in a court of law within three years of the patient becoming aware of the negligent treatment. There are exceptions to the three year rule for minors where time does not start running until the eighteenth birthday and for the mentally disabled where time does not start running until full mental capacity is restored. In addition the court has wide discretion to allow claims outside the normal time limits but this discretion is very rarely exercised.

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Damages Awards

Damages that are available in dental negligence cases are the same as in any other personal injury claim. They include an award for pain and suffering, compensation for any loss of lifestyle, loss of earnings and the cost of medical treatment, prescriptions and general expenses including the cost of personal care in appropriate cases. Interest can be added to these items if settlement is delayed.

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Dental Negligence Solicitors

Legal aid is available to finance a dental negligence claim however our solicitors will also deal with claims on a totally risk free no win no fee basis otherwise known as a conditional fee agreement. No legal charge is payable unless the legal case is won and the client obtains an award of compensation. In the event that the legal claim is lost there is no charge made to the client. If you would like fee advice without obligation from solicitors who are members of the Solicitors Regulation Authority panel of personal injury experts just call our helpline or complete the contact form or email our offices.


SOLICITORS HELPLINE 0844 332 0095