UK solicitor sets out how to claim compensation if you have suffered damage to your teeth as a result of dental negligence
Dental negligence victim question
I attended at a private dentist in Manchester for fitting of a crown to a molar. I was measured for a crown and a temporary crown put in place.
Two weeks later I attended at the dentist to have the crown fitted but this crown was not of the correct size which led to three hours of dental work and filing of the crown at which stage my dentist explained that another crown would have to be produced as the first one was of incorrect size.
Whilst wearing the crown I could not close my mouth correctly and my jaw felt out of line.
When the new crown was produced the dentist again struggled to fit this crown and I felt a crunching sound when it was eventually fitted. The molar at the back of my mouth already had a gold crown and the tooth that was being treated was next to this one.
When I went home that same night I was eating some food when I felt a crunching sound. I continued eating and spoke to my husband about what I experience. He looked in to my mouth and noticed that the back molar was cracked and a large piece of the tooth and the crown was missing. I must have swallowed part of the tooth and gold crown.
I telephoned my dentists but was not available so I attended at the NHS emergency dental hospital and was told that there was a very large hold in my tooth which needed filling immediately to avoid infection.
I was treated by the NHS dentist and whilst I was treated I was told that the previous work on this molar had not been done correctly and that the new crown on the other molar made from porcelain was too wide and had put excessive pressure on my back molar causing the damage.
I have been told by the NHS dentist that there is a real risk that my molar teeth will be permanently damaged by the treatment of the private dentist.
Can I claim compensation for the treatment by the Private dentist?
Dental negligence solicitor response
It seems from what the NHS dentist has told you that negligence has occurred by the private dentist. Not only have you swallowed part of your tooth and part of the gold crown, but it seems that further treatment to both of your molar teeth may be necessary in the future and permanent damage could have been caused.
The decision as to whether negligence has occurred is not however within the ambit of the NHS dentist. A specialised dental negligence solicitor will need to instruct a respective dental medical expert to complete a report after examining your teeth, gums and your jaw and all of your dental and hospital notes, including any x-rays or scans completed to establish if any negligence has occurred.
If that report shows that negligence has occurred then it is quite likely you would have a claim for compensation.
Clinical negligence and dental negligence claims can at this time still benefit from funding using legal aid so long as your means are relatively limited and you do not have savings over certain amounts.
In any event – if legal aid is not available your solicitor could offer you the option of a no win no fee agreement, which is technically known as a conditional fee agreement or CFA, which would allow the legal costs of your claim to be funded on the basis that if you win the claim the dentist and his liability insurer will pay your legal costs in addition to your compensation.
Should you wish to consider a making a dental negligence claim click dental negligence solicitor to contact me free of charge online or arrange a call back from me in person or click dental negligence claims to see the procedure for clinical and dental negligence claims.