Dental Negligence Claims
Dentist appointments never seem to be pleasant at the best of times. However, unfortunately your experience can be made worse by unnecessary mistakes occurring during your visit.
We appreciate at Moore Blatch Resolve that when treatment at the dentist goes wrong it can change your life and we can assist you by providing you with legal assistance to help you improve the quality of your life through obtaining compensation for you.
Compensation can provide a lifeline for you following such an event and enable you to protect your rights.
How can a dental claim arise?
Unlike the doctor, the dentist is a regular occurrence on our calendars which is necessary for our lifetime of oral healthcare. Dentists are entrusted with providing us with the advice and treatment required to maintain our teeth and gums however sometimes they make mistakes in our treatment which we may be able to help you claim compensation for. Mistakes can include, but are not limited to:
• Treatment on incorrect tooth;
• Cuts, grazes on gum, tongue etc from lack of care with equipment;
• Anaesthetic awareness from incorrect drug treatment;
• Failure to treat periodontal disease;
• Extraction of wrong tooth.
We appreciate at Moore Blatch Resolve the difficulties faced by people who have suffered from any of the above situations.
Medical care and rehabilitation
Following an incident of negligence at the dentist, emergency treatment may be required which can be very costly or surgery may be required. During this time you may be unable to work due to further treatment required or may suffer psychological damage from the experience.
When should I contact a solicitor?
You or your family should contact a solicitor as soon as possible. The sooner we can commence work on your claim the sooner we can begin to assist you.
We can advise you on your benefit rights and also advise on dealing with debts which might arise due to being off work.
Can I claim compensation for my medical condition?
The Moore Blatch Resolve Clinical Negligence team may be able to help you with a claim for compensation where you have suffered as a result of:
• Incorrect treatment;
• Delayed or incorrect diagnosis;
• Swallowed instruments;
• Lack of reasonable care;
• Failure to administer drugs correctly.
It is very important to contact an experienced solicitor to receive legal advice. We can guide you through the initial process and provide you with the best advice as to whether or not you have a claim. You may not consider that you have a claim but we may well be able to assist you. We also receive numerous enquires from clients who wish to transfer their files to us if they are not satisfied with the progress that their current solicitors are making.
Funding
We will offer you a first free interview. At this initial consultation we will advise you whether or not your claim is worth pursuing. If you do decide to proceed with your claim we will advise you as to the best methods of funding the legal costs of your case. Legal Aid is available for clinical negligence claims and we will assess your eligibility at the outset.
Where a claim of medical negligence is being brought as a result of an injury to a child up to the age of 16 then Legal Aid will generally be available subject to the merits of the case being investigated by the Legal Service Commission.
If you do not qualify for Legal Aid the options are as follows:
• Legal Expense Insurance: We will check whether you have a policy of insurance which covers your legal costs;
• A Conditional Fee Agreement commonly known as a no-win-no-fee agreement. Under this particular scheme you receive 100% of your damages and no deductions will be made from these. Our fees are recoverable from the defendant at the successful conclusion of your case. If you are not successful in recovering damages you will be protected by after the event insurance policy to protect your position financially. Therefore even if you are not successful you will not owe anyone anything.
• Trade union legal assistance. You may have cover if you are a member of a trade union, we can investigate this for you.
How much compensation will I receive?
If your claim is successful you will be awarded compensation. The aim of the compensation is to put you in the same financial position which you would have been if your dental negligence had not occurred.
Compensation is listed under various categories:
• Damages for pain suffering and loss of amenity. These are often called general damages and are awarded to compensate you for actual injury you sustained. The amount of compensation you will receive depends upon the nature and extent of your injuries, the effect it has on your daily life for example taking part in recreational activities such as sports and hobbies;
• Damages for financial losses to the date of settlement of your claim. These will include loss of earnings (loss of tax and national insurance);
• Private medical or therapeutic expenses;
• The costs of any aids and equipment which you have purchased;
• Travelling expenses incurred by you or your family;
• The value of the care which is provided to you by your family, partner or friends;
• The cost of any professional care which is being provided.
Damages for future loss and expenses
Many people who have a dental claim will suffer long term losses and expenses as a direct result of their treatment. Calculation of the losses involved can complicated however compensation will take into account some or all of the following:
• Future loss of earnings including the loss of any promotion prospects;
• Loss of pension rights;
• The cost of providing personal care support;
• The cost of a case manager;
• The cost of physiotherapy and any other specialist therapeutic services;
• The cost of special accommodation which may be required;
• The cost of any special aids or equipment including annual maintenance and replacement costs;
• Extra transport costs;
• The cost of managing your financial affairs.
It is our aim in cases to obtain for you interim payments on account of damages these will assist you in the day-to-day management of your life while your claim is being settled.
Time limits
There are strict time limits for pursuing claims of compensation. If proceedings in respect of the claim are not started within three years from the date of the injury the court may decide that your claim is out of time. However whilst the period of time limit is strictly enforced by the courts there are certain circumstances in which it is possible to bring your claim outside the three-year time period.
Please contact us at the earliest opportunity and we can discuss this with you.
Will I need to attend court?
The vast majority of cases are negotiated and settled before they go to court however some may ultimately go to a trial. However you can rest assured you are in safe hands. We are very experienced at Moore Blatch Resolve in dealing with medical negligence claims and we will guide you through the process.
Contact us on 0800 158 5258: If you believe that you or someone you know has suffered as a result of medical negligence please do not hesitate to contact us, we deal with clients throughout the country and we will visit you at your home, hospital or rehabilitation unit.