Dentist Medical Negligence

If you sustain an avoidable injury due to a lack of care by your dentist, you should be eligible for dentist medical negligence compensation. However, making a successful claim for dentist medical negligence is not always straightforward. It many cases your claim will have to be supported by evidence from an expert dental consultant that demonstrates an alternative course of treatment would have avoided your injury from being sustained.

This is because claims for dentist medical negligence compensation have to show that “at the time and in the circumstances” your dentist displayed a poor professional performance due to which you suffered an adverse effect. If “on the balance of probabilities” you would not have suffered the same injury or deterioration of an existing condition with an appropriate standard of care, your claim for dentist medical negligence compensation has a high probability of success.

Settlements of dentist medical negligence compensation should account for the unnecessary pain and suffering you experienced due to the inappropriate treatment you received, and the cost of reversing any damage caused by your dentist. If you have developed a quantifiable phobia of dentistry due to the negligent treatment you received, that should also be included in a claim for dentist medical negligence.

Because of the need to reverse negligent dental treatment as soon as possible, it is in your best interests to speak with a medical negligence solicitor at the first possible opportunity. The solicitor will advise you whether you have a claim for dentist medical negligence compensation which is worth your while to pursue and guide you through the claims procedures to ensure you receive your maximum entitlement to compensation.

DDU Pays More than £1.1 Million in Compensation for Negligent Dentistry

The Dental Defence Union (DDU) has revealed it paid out more than £1.1 million in compensation for negligent dentistry on behalf of its members last year.

The DDU is the dentistry equivalent of the Medical Defence Union, and is an organisation that provides indemnity and legal support when claims for negligent dentistry are made against its members. Over the last decade, the DDU claims that there has been a substantial increase in the volume of claims being resolved in excess of £100,000.

Since 2006 – when only two claims were settled for amounts in excess of £100,000 – the DDU has paid almost £5 million in six-figure settlements; with £1.1 million compensation for negligent dentistry being paid out in 2015. The highest settlement of the eleven six-figure settlements was for the failure to diagnose and treat periodontal disease leading to tooth loss.

John Makin, head of the DDU, is concerned that the increasing number of claims and the escalating settlements of compensation for negligent dentistry are making indemnity more expensive for individual dental practitioners. “We are seeing disturbing rises in the cost of clinical negligence claims and a surge of claims exceeding £100,000 against our dental members,” he said.

Makin blames rising patient expectations and aggressive marketing by medical negligence solicitors for the increased number of six-figure settlements of compensation for negligent dentistry. He listed common allegations made by patients in 2015 as implants or cosmetic treatments that were unsatisfactory, excessive, or where the appearance was not as expected.

However, Makin´s comments have been attacked for being misleading. One contributor to argued that it was only right that patients should expect a high standard of treatment from dentists, and expect dentists to put things right when they go wrong – or pay compensation for negligent dentistry.

The contributor also criticised the DDU´s head for blaming solicitors for the bigger compensation settlements. He commented that if there were no solicitors, the negligent dentists would be getting away with misdiagnosing gum disease and tooth decay. He added that if the DDU were to admit liability for their members´ faults at an earlier stage – rather than defend indefensible claims – the DDU´s legal costs would be much lower.

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Woman Receives €40,000 Compensation for Negligent Treatment by a Dentist

A woman has received €40,000 compensation for negligent dental treatment by a dentist after making a complaint to the Dental Complaints Resolution Service.

The complaint by the unnamed woman was one of 130 grievances received by the Dental Complaints Resolution Service last year, made against dentist´s in Ireland for unsatisfactory treatment. The grievances were revealed in the Service´s Annual Report, and although it is not made clear how many of the grievances were upheld in the complainant´s favour, this case is particularly interesting.

According to details published in the Annual Report, the woman had attended her regular dentist twice a year since 1993 and believed that her teeth were in good health. However, when she visited a cosmetic dentist last year to have implants fitted, the woman was told that her gums were not in a good state and that she would need a significant amount of treatment before implants could be fitted.

The woman had to undergo specialist treatment from a periodontist to repair the damage to her gums – which was both expensive and painful. After the treatment, she wrote a letter of complaint to her regular dentist which went unanswered and then contacted the Dental Complaints Resolution Service.

The Service mediated on the woman´s behalf to secure €40,000 compensation for negligent treatment by a dentist. The compensation settlement includes a refund of the money she had paid her regular dentist for dental treatment over the past ten years, the cost of the periodontist´s treatment for her gums and the dental implants, and an amount to pay for check-ups over the next ten years.

However, what is interesting about this claim for compensation for negligent treatment by a dentist is that the settlement is basically what a claimant would expect to receive in special damages had the claim been made through a solicitor. The settlement fails to take into account the pain and suffering the woman experienced during the periodontist´s treatment, and the emotional trauma that accompanied ongoing and extensive treatment, and the impact that the treatment had on her quality of life.

If you believe that you have been the victim of negligent dentistry, and want to recover the maximum possible compensation for negligent treatment by a dentist, it is always in your best interests to discuss the nature of your injury with a solicitor before accepting any other resolution to your potential claim for injury compensation.

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Dentist´s Error Compensation Claim Resolved Out of Court

A man who had two teeth unnecessarily removed by a negligent dentist has accepted an out-of-court settlement of 4,000 pounds in respect of his claim for dentist´s error compensation claim.

John Turnbull, aged 56 from Gateshead underwent the negligent treatment at the Glenholme Dental Practice in nearby Dunston in 2008. The practice was run by Dr. David Stewart at the time, who John had been seeing for fifteen years. This time, however, Dr. Stewart informed John that he had an infection and that two of his bottom teeth needed extraction.

After the treatment, John experienced excruciating pain for several weeks and, when returning to the surgery to try and get further treatment, found the practice had closed. John looked for treatment elsewhere and, when it was discovered that the teeth had been extracted unnecessarily sought legal advice about making a claim for dentist´s error compensation claim.

When compiling John´s claim, solicitors found that Dr. Stewart had failed to diagnose and treat decay on another tooth and that three further claims for dentist error compensation had also been made against Dr. Stewart. Although Dr. Stewart did not accept liability, he was struck of the Dentists´ Registry in March 2010 and John´s claim for dentist´s error compensation was resolved with the former dentist´s insurers.

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