Dental Negligence Claims

Dentistry Malpractice Claims* Solicitors

Dental Negligence claims are often caused by misdiagnosis or negligent treatment when a Dentist carries out a common procedure.

In cases of medical negligence, dentists must provide you with dental care that meets a certain standard. They must make diagnostic, planning, and treatment decisions that align with the generally approved practices for your condition.

In response to symptoms, dentists should avoid taking steps outside the normal range of possible treatments and refrain from taking undue risks in addressing your condition. Given the expected standard of care in this field and the cost of dental services, it’s reasonable to trust the expertise of a reliable medical professional.

What Constitutes Dental Negligence?

Dental negligence is defined by law as the failure of a medical professional to act professionally or acting in a way that deviates from the accepted standard of medical care. To successfully prove a dental negligence claim, it must be demonstrated that the treatment provided fell below this accepted standard. This involves a careful evaluation of the specific circumstances, including the nature of the treatment, the patient’s individual needs, and accepted dental practices. Expert testimony from qualified dental professionals is often essential in demonstrating that the care provided deviated from the expected level of competence.

Common examples of dental malpractice claims include:

• Failure to diagnose and treat oral cancer in time.
• Failure to diagnose and/or treat periodontal (gum) disease.
• Badly performed or failed root canal treatment (RCT).
• Failed orthodontic treatment.
• Failure of dental implants .
• Cosmetic dentistry that goes wrong .
• Removing the wrong tooth – or damaging other teeth in the process.
• Incorrect diagnosis or missed diagnosis.
• Unnecessary performance of dental procedures.
• Incorrect administration or dosage of local anesthesia.
• Incorrect prescribing of medication .
• Errors in actual procedure or treatment.
• Inadequate wound care and infection prevention measures .
• Rushed or shoddy treatment leading to permanent nerve damage or paralysis.
• Failure to refer patient for further tests, such as an X-ray, leading to missed diagnosis.
• Incorrect reading of tests such as X-rays.
• Incorrect documentation of results leading to subsequent mistreatment.
• Delay in correct treatment.
• Restorative dentistry errors.
• Carelessness by the dentist, such as using faulty or expired equipment.
• Improper treatment plans .
• Failure to provide hygienic treatment conditions.
• Poor imaging or radiology.
• Not informing the patient of the risks involved in the treatment.
• Inability to provide an acceptable result after cosmetic dentistry

Types of Injuries Resulting from Dental Negligence

Dental negligence can lead to a variety of injuries, ranging from minor issues to severe and long-lasting problems. These can include:

• Nerve damage.
• Loss of a healthy tooth.
• Permanent injury to the teeth or gums.
• Mouth cancer (due to delayed diagnosis).
• Chipped or fractured teeth.
• Teeth becoming loose or dislodged.
• Injuries to the jaw, lips, and gums.
• Infections

How to Prove Dental Negligence?

In Ireland, a dentist is a legally recognized medical practitioner. To determine if you have a case of dental negligence, you must obtain all your relevant dental records. You will need to examine these records in consultation with your dentist to identify what exactly went wrong and whether those actions or events constitute dental negligence under the existing legal framework.

To prove that a dentist is negligent, you must establish that no reasonably competent practitioner in the relevant field, at that time, with the same qualifications and expertise, would have acted similarly under the same circumstances. You must also demonstrate that, but for the dentist’s error, the injury would not have occurred. If you cannot prove this, you do not have a case for dental negligence.

Making a Dental Negligence Claim*

If you believe you have been a victim of dental negligence, you may be eligible to make a claim for compensation. The process typically involves several crucial steps:

1. Consult a Solicitor: It is highly recommended to seek advice from a solicitor specializing in medical negligence or dental malpractice. They can assess your case, guide you through the complex process, and ensure your rights are protected.
2. Gather Evidence: Comprehensive documentation is vital. This includes detailed records of dental appointments, treatment plans, photographs, X-rays, and any communication with the dental team.
3. Establish Negligence and Causation: Your legal team will work to demonstrate that the dental professional’s actions deviated from the standard of care and that this directly caused your harm or injury. This often involves obtaining independent expert opinions.
4. Filing the Claim: Once evidence is compiled and negligence is established, a formal claim is filed, initiating legal proceedings.
5. Negotiation and Settlement: Many claims are settled amicably out of court through negotiation. This can expedite the process and provide timely compensation.
6. Court Proceedings (if necessary): If a settlement cannot be reached, the case may proceed to court.

Time Limits for Claims

There are strict time limits for making a dental negligence claim. Generally, you have two years from the date the negligent dental treatment was performed or from your date of knowledge (the date you found out about your injuries or illness). However, this can differ in cases involving children, where the two-year limit typically starts when they turn 18 years old. Acting promptly is crucial to the success of your claim.

Contact our Dental Injury Claims* Solicitors Today – 01 663 2000

Trips to the dentist are unpleasant enough for many of us; therefore, you deserve treatment that minimizes unnecessary work. If your dentist makes mistakes due to negligence in your diagnosis or treatment decisions, you may be entitled to compensation for your pain and suffering, remedial treatment, and even loss of earnings if applicable. At Sherwin O’Riordan, we can assess the quality of your treatment and discuss your legal options. If you decide that your treatment was substandard and choose to pursue a legal case, you can rely on us to guide you through the process to settlement. Consequently, get in touch with our team for expert advice on your dental negligence claim.

Ph: 01 663 2000

Contact us today through our online contact form.

At Sherwin O’ Riordan, you are never just a case number. You are a person with a story, and we make sure it is heard.

* In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.