Examples of Dental Negligence Claims

Examples of Dental Negligence Claims

Dental negligence claims are increasing in the United Kingdom. There were 16000 such cases notified to the Compensation Recovery Unit in the last year. This blog is about the nature of such claims and how the Kearney Law Group can help in bringing one.

What is dental negligence?

Dental negligence refers to a situation where a dentist or other dental professional (dental healthcare provider) fails to provide the appropriate standard of care to their patient, resulting in harm or injury to the patient.

Who can you bring a dental negligence claim against?

• Dental surgeons
• Orthodontists (dentists who specialise in aligning bite and straightening teeth)
• Pedodontists (dentists who specialise in the care of children’s teeth)
• Dental technicians (technicians who make crowns, dentures, bridges, implants)
• Periodontists (dentists who specialise in prevention, diagnosis and treatment of gum disease)
• Dental nurses
• Endodontists (dentists who specialise in the diagnosis and treatment of teeth pain, disease and infection)
• Implantologists (dentists who have expertise inserting dental implants)

What are examples of dental negligence claims?

Different types of dental negligence claims include:

Failure to diagnose or misdiagnosis: If a dentist fails to diagnose or misdiagnoses a dental condition, it can lead to serious harm to the patient e.g. delayed diagnosis of oral cancer. For example, if a dentist fails to diagnose oral cancer in a timely manner, the cancer can progress and become more difficult to treat. This can result in the need for more extensive treatment, such as surgery or chemotherapy, and can decrease the patient's chances of survival.

Delayed treatment: If a dentist fails to treat a dental condition in a timely manner, it can lead to serious harm or injury to the patient. For example:

Delayed treatment of gum disease: If a dental healthcare provider fails to treat gum disease in a timely manner, it can lead to the loss of teeth and damage to the jawbone. This can result in the need for more extensive treatment, such as dental implants or bone grafts, and can cause pain and discomfort for the patient.

Delayed treatment of tooth decay: If a dental healthcare provider fails to treat a cavity in a timely manner, it can progress and cause infection, which can result in the need for a root canal or tooth extraction. Delayed treatment can also lead to the need for more extensive treatment, such as a dental crown or bridge.

Delayed treatment of a dental abscess: If a dental healthcare provider fails to treat a dental abscess in a timely manner, it can lead to serious infection and damage to the surrounding tissue. This can result in the need for hospitalization and intravenous antibiotics.

Delayed treatment of a broken tooth: If a dental healthcare provider fails to treat a broken tooth in a timely manner, it can cause pain and discomfort for the patient. Delayed treatment can also lead to the need for more extensive treatment, such as a dental crown or root canal.

Inappropriate treatment or procedure: If a dentist performs a procedure that is unnecessary or not appropriate for the patient's condition, it can result in harm or injury. For example:

Unnecessary tooth extraction: If a dental healthcare provider extracts a tooth that could have been saved with appropriate treatment, it can cause pain and discomfort for the patient. Unnecessary tooth extraction can also lead to the need for more extensive treatment, such as dental implants or bridges.

Overfilling a cavity: If a dental healthcare provider fills a cavity with too much filling material, it can cause pain and discomfort for the patient. Overfilling a cavity can also lead to the need for more extensive treatment, such as a root canal or tooth extraction.

Inappropriate use of dental appliances: If a dental healthcare provider recommends or uses dental appliances, such as braces or retainers, that are not appropriate for the patient's needs, it can cause pain and discomfort for the patient. Inappropriate use of dental appliances can also lead to the need for more extensive treatment, such as orthodontic surgery.

Failure to diagnose and treat periodontal disease: If a dental healthcare provider fails to diagnose and treat periodontal disease in a timely manner, it can lead to the loss of teeth and damage to the jawbone. This can result in the need for more extensive treatment, such as dental implants or bone grafts.

Removal of the wrong tooth.

Failed extraction of tooth.

Fractures including fracture of jawbone.

Incorrect prescribing such as penicillin allergy.

Nerve damage: If a dentist causes nerve damage during a procedure, it can result in permanent damage and chronic pain for the patient. Examples include:

Lingual nerve damage during wisdom tooth extraction: The lingual nerve is a sensory nerve that provides feeling to the tongue and mouth. If a dental healthcare provider damages the lingual nerve during wisdom tooth extraction, it can result in numbness, tingling, or pain in the tongue, mouth, or face.

Inferior alveolar nerve damage during dental implant surgery: The inferior alveolar nerve is a sensory nerve that provides feeling to the lower teeth, gums, and jaw. If a dental healthcare provider damages the inferior alveolar nerve during dental implant surgery, it can result in numbness, tingling, or pain in the lower teeth, gums, and jaw.

Mental nerve damage during dental implant surgery: The mental nerve is a sensory nerve that provides feeling to the lower lip, chin, and gums. If a dental healthcare provider damages the mental nerve during dental implant surgery, it can result in numbness, tingling, or pain in the lower lip, chin, and gums.

Trigeminal nerve damage during any dental procedure: The trigeminal nerve is a sensory nerve that provides feeling to the face, teeth, and jaw. If a dental healthcare provider damages the trigeminal nerve during any dental procedure, it can result in numbness, tingling, or pain in the face, teeth, and jaw.

Facial nerve damage during facial injections: The facial nerve is a motor nerve that controls the muscles of the face. If a dental healthcare provider damages the facial nerve during facial injections, it can result in drooping or weakness of the facial muscles.

Nerve damage during root canal treatment.

Anaesthesia errors: If a dentist administers too much or too little anaesthesia during a procedure, it can lead to serious harm or injury to the patient. If a dentist injects an anaesthetic in the wrong place, it can result in nerve damage. Examples include:

Allergic reactions to anaesthesia: If a patient has an allergic reaction to anaesthesia, it can result in swelling, hives, and difficulty breathing. An allergic reaction can be life-threatening if not treated promptly.

Overdose of anaesthesia: If a dental healthcare provider administers too much anaesthesia, it can result in a loss of consciousness, respiratory failure, or cardiac arrest. Overdose of anaesthesia can lead to brain damage or death.

Underdose of anaesthesia: If a dental healthcare provider administers too little anaesthesia, it can result in the patient feeling pain during the dental procedure. Underdose of anaesthesia can also result in the patient being awake during the procedure, which can be traumatic.

Failure to monitor the patient: If a dental healthcare provider fails to monitor a patient's response to anaesthesia during a dental procedure, it can lead to serious harm.

Failure to monitor can result in overdose or underdose of anaesthesia, which can be life-threatening.

Delay in recognizing complications: If a dental healthcare provider fails to recognize and treat complications from anaesthesia, it can lead to serious harm. Complications can include respiratory distress, cardiac arrest, or brain damage.

Failure to obtain informed consent: If a dentist fails to obtain informed consent from a patient before performing a procedure, it can lead to legal claims of dental negligence. Informed consent means that the patient understands the risks, benefits, and alternatives to the procedure and agrees to it. Examples include:

Performing a procedure without the patient's consent: If a dental healthcare provider performs a procedure without the patient's consent, it can be considered dental malpractice. For example, if a patient goes to the dentist for a routine cleaning and the dentist decides to perform an unnecessary procedure without obtaining the patient's consent, it can be considered a failure to obtain informed consent.

Failing to fully inform the patient of the risks and benefits of a procedure: If a dental healthcare provider fails to fully inform the patient of the risks and benefits of a procedure, it can be considered a failure to obtain informed consent. For example, if a dentist recommends a dental implant but fails to fully inform the patient of the potential risks and complications of the procedure, it can be considered a failure to obtain informed consent.

Failing to inform the patient of alternative treatment options: If a dental healthcare provider fails to inform the patient of alternative treatment options, it can be considered a failure to obtain informed consent. For example, if a patient needs a tooth extraction and the dentist recommends an expensive dental implant without discussing alternative options such as a bridge or partial denture, it can be considered a failure to obtain informed consent.

Failing to inform the patient of the cost of the procedure: If a dental healthcare provider fails to inform the patient of the cost of a procedure, it can be considered a failure to obtain informed consent. For example, if a dentist recommends an expensive procedure without fully informing the patient of the cost and the patient cannot afford it, it can be considered a failure to obtain informed consent.

In a retrospective review undertaken of all clinical negligence claims in England held by NHS Resolution relating to hospital dentistry between April 2015 and April 2020, it was found that 'failure/delay in treatment', 'inappropriate treatment' and 'failure to warn/gain informed consent' were the most common cause of litigation claims in hospital dentistry and the most cited injuries in litigation claims were dental damage, unnecessary pain and nerve injury.

What should I do if I think I have a claim for dental negligence?

You should see your solicitor. They will take instructions from you about the circumstances of your treatment. They will then obtain all your relevant dental and medical notes and records to ascertain precisely what treatment you were given. After going through the records and ensuring their accuracy, they will instruct an expert dental physician with the relevant expertise to determine if the treatment given to you was negligent. If the expert finds that the treatment given was below the standard you were entitled to expect they will advise you accordingly and you can begin an action for compensation against the dental healthcare provider who was responsible for your medical care.

How long do I have to make a claim?

Normally in personal injury law (but see below for dental negligence matters), you have:

• three years from the date of your injury to make a claim
• If you are making a claim on behalf of a child, it can be made any time before the child reaches the age of 18. Once a child reaches the age of 18 and if they have the requisite mental capacity, they have a further three years to make a claim themselves until they reach the age of 21
• If the injured party does not have the requisite mental capacity then there are no time limits on when a claim can be made

In dental negligence cases, the time limit (what lawyers call the “limitation period”) of three years will normally start either from the date of the act of negligence or from the date the patient knew or ought to have known that the injury or harm was due to an act of negligence. The date of knowledge can be years after the negligent act, for instance, if an operation was performed negligently and a patient was unaware of this, it may be years before the patient’s symptoms progress such as to necessitate dental attention. In such circumstances the patient could not have known that the original operation was performed negligently until the symptoms appeared and the time limit will therefore only run from the date of knowledge of such negligence – not when the operation was originally performed, which could be many years after the date of the original negligent act.

Time limits in dental negligence matters can be complicated and you should seek legal advice immediately if you think you have a claim. Do not delay.

How is my compensation assessed?

We divide compensation into a number of headings:

• Compensation for pain, suffering and the effect the injury has had on a client’s life (what lawyers call “general damages”). The exact amount depends on the severity and extent of the injury and its impact. This will include physical and emotional loss, suffering and pain and compensation for loss of enjoyment of life
• The injured party’s loss of earnings, past and into the future, including all job related benefits and pension loss (what lawyers call “special damages”). If your injuries have reduced your ability to work you will be entitled to the difference between what you would have earned but for the malpractice and what you can now earn
• If someone has had to stop or reduce their work because it was necessary to look after the injured party then the claim will include their loss of earnings, past and into the future, including all job related benefits and pension loss
• Cost of all medical expenses, past and future. This will include hospital bills and medication costs
• Cost of all therapy and rehabilitative treatment (including occupational therapy), past and future
• Cost of any nursing and domestic assistance, past and future
• Cost of any adaptions or changes to property, cars, etc

How long will my case take?

Dental negligence cases are complex with a high level of legal expertise required. Expert reports from dental experts are necessary and depending on the nature and severity of the injury, rehabilitative/care consultants and accountants may be instructed and such reports can take some time to prepare. Straightforward cases may be settled within a year. More complex cases will normally take 2-4 years to conclude.

Will my case to go to court?

The vast majority of cases that have a reasonable prospect of success are settled and do not go to hearing. This is the case even where court proceedings have been commenced.

How can the Kearney Law Group help?

We appreciate that no amount of money can put you back to the position you would have been in prior to the substandard dental care. What we can do is provide as much financial and other assistance as is possible to alleviate the burden of your loss. We will ensure that you get the help you need now and into the future. Compensation will ensure you receive the best possible dental treatment, rehabilitation and care, both in the short and long term.

We are passionate about our work. We are easy to talk to and will keep you fully informed about the progress of your case. We are tech savvy and use software platforms to ensure your case is dealt with expeditiously and professionally. We are very experienced and have a team ready to deal with all aspects of your claim for dental negligence.

We only do personal injury law and are experts at it.

For further assistance please ring us at 02890 912 938 or email us on [email protected] or fill in our contact form

The content of this blog is provided for information purposes only and does not constitute legal or other advice. No solicitor/client relationship or duty of care or liability of any nature shall exist or arise between the Kearney Law Group and you and we refer you to our disclaimer on our website.