Since malpractice is a legal term, there’s a very specific definition for what is and what isn’t dental negligence. Numerous teeth per patient were seriously affected and the majority of these teeth were lost. By continuing to use our site you are agreeing to our, Nerve inflammation after tooth extraction, Compensation received: £5,000 out of court settlement, Compensation received: £4,000 out of court settlement, Compensation received: £2,000 out of court settlement, Compensation received: £70,000 out of court settlement, Compensation received: £25,000 out of court settlement, Compensation received: £17,000 out of court settlement, Compensation received: £85,000 out of court settlement, Loss of teeth due to a dentist’s treatment mistakes, Nerve injuries caused by negligent dental treatment, Incorrect or delayed diagnosis, including gum disease and oral cancer misdiagnosis, Failure to obtain the proper patient consent. "}},{"@type":"Question","name":"Find case studies below of our successful dental negligence cases","acceptedAnswer":{"@type":"Answer","text":"Loss of teeth due to a dentist’s treatment mistakes\nNerve injuries caused by negligent dental treatment\nIncorrect or delayed diagnosis, including gum disease and oral cancer misdiagnosis\nFailure to obtain the proper patient consent\nCosmetic dentistry errors\nRestorative dentistry problems.\nSee if you have a case for dental negligence"}}]}. There were 19 cases of failure to diagnose or treat periodontal disease in a timely fashion. In the majority of these cases, X-rays were not taken routinely, and periodontal probings were rarely or never recorded. Condition: Multiple episodes of pain and loses tooth after her dentist failed to perform a root canal treatment properly. The patient’s dental record must contain a clear chronology of events, future treatment plans, and all the important communication between the dentist and patient. Your lawyer will be able to advise you on how much it could cost; whether you can obtain legal insurance to cover the risk of losing your claim; and the other cost implications of making a claim. You may also incur additional costs while the claim is ongoing. Of the treating dentists in the category, six were orthodontists and 12 were general dentists. Dental Negligence, therefore, is when a dental professional causes harm to a patient during a standard procedure. Find case studies below of our successful dental negligence cases, which include complaints such as: Loss of teeth due to a dentist’s treatment mistakes; Nerve injuries caused by negligent dental treatment; Incorrect or delayed diagnosis, including gum disease and oral cancer misdiagnosis; Failure to obtain the proper patient consent In the severed nerve subset, the injuries were permanent and the dentists involved did not refer or follow up the nerve injuries. This information is not intended to create, and receipt In the infection requiring hospitalization subset, all patients were hospitalized, and of these, eight patients died from the infections. Get in touch Common forms of dental negligence & Suing a dentist. Call us on 1300 226 647 and tell us about your case, or fill in our claim form. It is difficult to categorize this group into subsets because most of the treatments included numerous complaints including open margins, overhanging restorations, and poor occlusion. No. Our dental negligence solicitors and team have the necessary knowledge, experience and expertise to help. Missing pages, inconsistencies, or unclear documentation will be problematic for the defense. Comprehensive documentation also includes: Keep in mind that many people will examine the dental record if there is a lawsuit. Dental negligence cases have risen in recent years as patients have become more aware of their rights. Of the above negligence claims due to endodontic procedures, all of the defendants were general dentists. Here are 10 dental negligence cases that can help you determine if you’re a victim of dental medical negligence: In the infection requiring hospitalization subset, all patients were hospitalized, and of these, eight patients died from the infections. Contact our firm to schedulea free consultation and discuss your case with an attorney today! In fact, the treatment provided to you by a dental care professional has to be below the acceptable standard of care that you should expect from a dentist, dental hygienist, or any other dental health care provider and the treatment has to cause serious personal injuries to you; otherwise, it can’t be considered malpractice. In 2013 Mrs Y was suffering from pain in her tooth and so made an appointment with her dentist. 8. Commonly dental malpractice lawsuits arise from the following: Wonder if you have a case? Whilst every case is unique dental negligence normally falls in three areas:-- Misdiagnosis, such as undertaking treatment that does not need to be done, or incorrect medicine being prescribed. Your name will be used for customer service purposes. Nerve damage can result from tooth extractions, placement of dental implants, root canal treatments, local anesthesia injections, and other procedures. If we are unable to contact you by phone we can email you to help and to provide important information about your claim. When we take on a dental negligence, we must have access to evidence that you suffered unnecessarily, or that your condition worsened, because of a lack of care. Dental Malpractice Cases: Examples. Any individual suffers with an injury which has been apparently caused following a dental proceedure or after dental treatment, this may constitute an act of dental negligence by the dentist. Dental negligence claims. Radiographs were not routinely taken. Dental malpractice, also sometimes referred to as dental negligence, refers to an avoidable injury caused by a dentist who has failed to show due diligence in the course of their work. Dental negligence claims can be made for any accident or oversight that has caused you to suffer physical injury, harmed your wellbeing or caused financial loss. It is dental negligence because this harm could be avoided if the dentist, orthodontist, oral surgeon, or any other employee in the dental office took the appropriate care and measures during the patients’ visit. Find case studies below of our successful dental negligence cases, which include complaints such as: See if you have a case for dental negligence: {"@context":"https://schema.org","@type":"FAQPage","mainEntity":[{"@type":"Question","name":"Client Stories","acceptedAnswer":{"@type":"Answer","text":"At the Dental Law Partnership every client is important to us and each of their stories is unique. Nerve injury. In addition, the dentists neither followed up the injuries nor referred them to be followed. How to prove dental negligence? case or situation. Lack of diagnosis and treatment also existed with the mandibular fractures and TMJ injuries. Considering the fact that thousands of dental procedures are carried out each day in the UK, cases of dental negligence are surprisingly rare. Of the life-threatening infections, seven were due to brain abscesses, and one due to osteomyelitis. This means that there is nothing to pay upfront – meaning that you can focus on your recovery and putting together a strong case rather than thinking about how you can fund your claim. MEWA’s dental expert witness can prepare any report for criminal and civil cases in UK & Ireland. Even if the dental procedure which caused you injury is not stated above, medical negligence solicitors may still be able to assist you make a claim. In order to give you an insight into our work here are a number of our clients’ case examples of where we have succeeded in helping our clients bring a claim against their dentists to get the justice our clients deserve. Staff must be competent in diagnosing you; healthcare professionals have a reasonable standard of care that they must give to you. In a dental negligence case this may include circumstances for example where the plaintiff has in fact exacerbated his or her own illness, condition, or injury sustained due to the negligent care provided by their doctor by failing to co-operate fully with follow-up or remedial treatment provided (e.g. 9. If you’ve been injured by a negligent dental professional, turn our trial-tested legal team today. In all five cases, the drug administered was contraindicated by the patient’s medical history. Established in August 2000, Dental Law Partnership has used its extensive expertise to become the market leader in dental negligence claims, helping thousands of patients across England and Wales to get the compensation that they deserve. All defendants were general dentists. (We will never sell your information to third parties.). If you would like to find out more about your potential medical negligence claim for a dental injury, contact us now to speak to one of our compassionate medical negligence … Dental negligence occurs when a healthcare professional has failed to provide adequate care for you. The remaining four cases involved TMJ injury. In the very worst cases, dental malpractice can result in a patient … Of the defendants, four were oral surgeons, two were pedodontists, and six were general dentists. In 24 of the negligence claims involving dental implant surgery, the defendants were general dentists, and one was a periodontist. However, this figure has begun to rise in recent years. Dental Negligence claims* can either be understood to be clinical negligence* (failure to provide necessary dental care, failure to diagnose an illness or condition) or dental malpractice* (cases where incorrect dental work was carried out, incidents where substandard work resulted in personal injury or altered the person’s appearance). During your appointment, we can discuss your case, explain your legal options, and evaluate the injury-related expenses you’ve incurred as a result of the dentist’s act of negligence. At the Dental Law Partnership, our team of specialist solicitors provide high quality legal representation exclusively for patients who have received negligent treatment from their dentist. In all cases, the dentists allegedly were made aware they had hit the nerve, but did not withdraw the needle and reinject as suggested in the dental literature. There were 18 total cases of orthodontic treatment complications and 14 cases in the subset of root resorption. Medical negligence . In cases where individuals seek compensation for dental malpractice that doesn’t meet these requirements, their cases are dismissed. The second most common alleged negligence was due to endodontic procedures. Condition: Multiple episodes of pain when his dentists failed to spot and treat decay. All defendants were general dentists. At the Dental Law Partnership every client is important to us and each of their stories is unique. The patient with the post-operative infection succumbed to the infection. In all cases, the dentists allegedly were made aware they had hit the nerve, but did not withdraw the needle and reinject as suggested in dental literature. We can quickly tell you whether you are likely to succeed with a claim. Common types of Dental Negligence Injuries. One of the most important defenses in a dental malpractice case is proper documentation. Of these 10 cases, seven affected the lingual nerve; three involved the inferior alveolar nerve. Case #4: Substandard Crown, Bridge Treatment. One perforation was due to a bur perforating the sinus. She visited her dentist to undergo a … $4.5 Million Settlement in Dental Malpractice Case in Suburban Philadelphia County Attorneys Carol Nelson Shepherd and Patricia M. Giordano represented a 38-year-old divorced father of two young children who was initially seen by defendant oral surgeon for an abscessed tooth, which had resulted in severe pain, swelling of the face and neck, and inability fully to open his mouth. or viewing does not constitute, an attorney-client relationship. Dental negligence can worsen your existing condition and may sometimes endanger your life with inappropriate advice. - Delays to diagnosis, delays can often lead to further complications resulting in pain and increased costs. 1. There were 12 claims with eight patient fatalities. The Supreme Court of India has had a detailed look on the act of negligence and framed the following guidelines for liabilities toward dental negligence We delivered a Letter of Claim to the dentist on behalf of our client. Dental Negligence Case Study A South West woman from England (Mrs Y) has been awarded £4,600 in compensation after her dentist’s failure to perform adequate root canal treatment left her with a dental file in her tooth. Of the defendants, 51 were general dentists and 12 were oral surgeons. Our medical negligence lawyers are experienced in bringing claims against dentists. To establish proof when suing a dentist, you will need to prove these four principles: Duty, Breach of Duty, Causation, and Damages. Cosmetic dentistry problems. Our site uses cookies. Negligence occurs when a practitioner’s conduct does not meet the standards established by law and results in unreasonable risk or harm of a patient. Dental negligence claim result. 10 Dental Negligence Case Examples. At Dental Law Partnership, our expert team is made up of experienced solicitors and dentists – with all our directors coming from a clinical background before earning their legal qualifications. Our specialist legal advisors will chat through your specific case and outline your options. Of these 10 cases, seven affected the lingual nerve; three involved the inferior alveolar nerve. In the sinus perforation subset, the dentists neither diagnosed nor referred the patient for treatment of the perforations. In order to give you an insight into our work here are a number of our clients’ case examples of where we have succeeded in helping our clients bring a claim against their dentists to get the justice our clients deserve. Of the eight deaths, three were children. Condition: Dentist failed to diagnose and treat periodontal disease, resulting in the loss of 16 teeth, Condition: Multiple episodes of pain when her dentist failed to perform a root canal treatment properly, Condition: Pain and discomfort after his dentist’s poor treatment and failure to treat decay, Condition: Pain and discomfort when her dentist extracted the wrong tooth, Condition: dentist failed to diagnose and treat her periodontal disease over a 13 year period, Client: Mrs Susan Merkell from Orpington, London, Condition: Hospital dentist failed to extract a wisdom tooth with due skill and care, leaving Mrs S with permanent nerve damage, Client: Stuart Lee, from Thornton-Cleveleys, Lancashire, Condition: Dentists failed to spot and treat decay, resulting in infections, unnecessary treatments, and botched root canal treatment over 10 years, Client: Mr Cooper from Bedford, Bedfordshire, Condition: Loss of four teeth after his dentist failed to spot and treat decay when he was 10 years old, Condition: Will potentially lose 26 teeth in the future because her dentist failed to diagnose and treat her periodontal disease, The Dental Law Partnership is still open and here to help with your claim. The Philadelphia dental malpractice attorneys at Ginsburg & Associates Trial Lawyers are proud to provide knowledgeable guidance, customized legal services, and dedicated representation to the residents of Pennsylvania and New Jersey. refusing to take prescribed medication or missing scheduled appointments etc.) Cases of dental negligence in Ireland are consistently on the rise. You can read more on our case studies page. In the severed nerve subset, the injuries were permanent and the dentists involved did not … To sue a dentist for medical malpractice, you must be able to prove that you suffered an injury as a result of a dentist’s provision of sub-standard care. This category tied with extractions for the most fatalities. Failure to Diagnose Oral Diseases or Cancers. For an insight into the work of our expert solicitors, or to get an idea of some of the claims we have won for patients who have suffered at the hands of a negligent dentist, browse our clients’ case examples below: Suffered an avoidable period of pain and suffering as a result of infection and suffered an avoidable repeat root canal treatment. Implants, gum disease, root canal treatment and tooth extractions – there are many treatments that can go wrong and lead to a dental negligence claim. In some cases, patients are forced to undergo multiple, painful operations just to fix the error of their original dentist. 9 negligence: dental injections. Frequently the treatment which has been carried out is also sub-standard and potential Common examples of dental negligence include: Delay or incorrect diagnosis – including oral cancer misdiagnosis. Dental Negligence Case Studies Case study 1 Detached reamer In this claim the client was elderly and of nervous disposition. After thoroughly investigating the incident, we can construct a personalized case strategy that reflects your unique goals and legal objectives. All cases involved multiple units or “full-mouth reconstructions.” There was a universal lack of treatment planning in these cases. Our dental negligence solicitors can help you receive compensation for poor dental treatment so that you can focus on getting better. Our dental expertise is only rivalled by our wealth of legal experience, and with our team boasting over 20 years of successful clinical negligence claims, we can ensure that patients’ cases progress as effectively and efficiently as possible. Dental negligence cases are very complex, and proving the dentist was at fault can be extremely difficult. Nothing on this site should be taken as legal advice for any individual For these types of claims a ‘breach of duty’ must be established. when said care may have helped … The information on this website is for general information purposes only. As a result of the negligent dental treatment, our client suffered pain and discomfort unnecessarily for several years. What is Dental Negligence? Our Dental Experts can provide clinical examinations and reports for all types of cases involving trauma and injuries but also including negligence and fitness to practice . Please call today. Experienced in every aspect of dental negligence claims If your dental treatment has resulted in substandard treatment, such as unnecessary extractions, poor root canal fillings, ill-fitting crowns or bridgework, or even a missed gum disease diagnosis, we will know how to manage your claim. Though there are numbers of adverse symptoms of dental malpractice, you must consult your legal attorney and specify your conditions and concerns to evaluate your possible claims. A copy of the written informed consent for any procedures that were done, A clear treatment plan (including documentation explaining the reason for any treatment for which the patient has been billed), and. This can include any instances involving incorrect, delayed or poor treatment that has led to further injury or suffering. Our in-house dental team gives us the opportunity to thoroughly assess all the clinical aspects of a dental negligence claim immediately, without having to confer with outside experts. THE “COURSE OF TREATMENT” CASES. In most cases of dental negligence, you’ll be able to make a No Win No Fee compensation claim. There were 11 malpractice claims under this category. Of these eight infections, four were fatalities and four resulted in irreversible brain damage. … In the implant loss subset, two to 10 implants were lost, and treatment planning was alleged to be deficient to non-existent. Historically, fewer than 10,000 cases of dental negligence are recorded each year. Dental Negligence is where you have undergone dental work which has been either substandard or your dentist/hygienist has caused unnecessary pain, suffering or injury. This is one of the most horrendous cases of dental negligence I have dealt with, compounded by the fact that the defendant dentist did not have any insurance and went to great lengths to hide his assets. Dental malpractice comes in a wide range of different forms. This is primarily due to the fact that more people are seeking dental care, and there are more medical experts operating within the … Seven defendants were general dentists, and three were oral surgeons. Can I Sue a Dentist for Medical Malpractice? This number will be used for the purposes of customer service and to provide important updates about your claim. Criminal Cases. The complications included instruments left in canals, nerve and sinus perforations, air embolisms, and life-threatening infections, including four fatalities. Nine defendants were general dentists, and two were oral surgeons. There were two fatalities in this category. Bringing your case to specialist Dental negligence solicitors gives you the best chance of securing the compensation you deserve. Shortly after the Letter of Claim had been sent, we received an offer of settlement from the treating dentist’s indemnity insurer which led to settlement of our client’s compensation claim shortly … To discuss your claim, call our team today on 0808 256 8057 or request a call back. While dental malpractice claims are relatively uncommon, one of the common triggers are injuries to the inferior alveolar nerve or lingual nerve. 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