Dental Negligence . 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. Lack of diagnosis and treatment also existed with the mandibular fractures and TMJ injuries. Of the eight deaths, three were children. Our dental negligence solicitors and team have the necessary knowledge, experience and expertise to help. If they breach this, then you may be eligible for a claim. 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 We can quickly tell you whether you are likely to succeed with a claim. or viewing does not constitute, an attorney-client relationship. 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. 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). At the Dental Law Partnership every client is important to us and each of their stories is unique. Frequently the treatment which has been carried out is also sub-standard and potential One of the most important defenses in a dental malpractice case is proper documentation. Common types of Dental Negligence Injuries. Of these 10 cases, seven affected the lingual nerve; three involved the inferior alveolar nerve. Before you proceed with any legal action, you should seek advice from a solicitor who can advise you on the best course of action. 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. This is most likely due to the growth in general orthodontic procedures as well as a large increase in patients undergoing cosmetic dentistry. There were 12 claims with eight patient fatalities. In the implant loss subset, two to 10 implants were lost, and treatment planning was alleged to be deficient to non-existent. 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. 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. Dental negligence claims. If you believe that you have suffered an injury due to dental negligence this is typically caused by: Inadequate dental technique; Misdiagnosis and/or lack of treatment. In some cases, patients are forced to undergo multiple, painful operations just to fix the error of their original dentist. Of the life-threatening infections, seven were due to brain abscesses, and one due to osteomyelitis. 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. To establish proof when suing a dentist, you will need to prove these four principles: Duty, Breach of Duty, Causation, and Damages. - Delays to diagnosis, delays can often lead to further complications resulting in pain and increased costs. Please call today. … 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. 1. refusing to take prescribed medication or missing scheduled appointments etc.) There were 19 cases of failure to diagnose or treat periodontal disease in a timely fashion. "}},{"@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"}}]}. 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. $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. Since malpractice is a legal term, there’s a very specific definition for what is and what isn’t dental negligence. The complications included instruments left in canals, nerve and sinus perforations, air embolisms, and life-threatening infections, including four fatalities. Dental Negligence Case Studies Case study 1 Detached reamer In this claim the client was elderly and of nervous disposition. Commonly dental malpractice lawsuits arise from the following: Wonder if you have a case? The remaining four cases involved TMJ injury. Failure to Diagnose Oral Diseases or Cancers. 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. 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. There were two fatalities in this category. 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 … The infections resulted in four fatalities, two brain abscesses, and one case of septic arthritis. Nerve injury. 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. COSMETIC DENTISTRY. Medical negligence . 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 … Contact our firm to schedulea free consultation and discuss your case with an attorney today! 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. How to prove dental negligence? Dental negligence occurs when a healthcare professional has failed to provide adequate care for you. In the majority of these cases, X-rays were not taken routinely, and periodontal probings were rarely or never recorded. She visited her dentist to undergo a … You might also like to get an idea of similar claims amounts, using our compensation calculator. The information on this website is for general information purposes only. This can include any instances involving incorrect, delayed or poor treatment that has led to further injury or suffering. Numerous teeth per patient were seriously affected and the majority of these teeth were lost. Case #4: Substandard Crown, Bridge Treatment. Compensation for a dental negligence claim very much depends on your individual circumstances. 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. For these types of claims a ‘breach of duty’ must be established. All defendants were general dentists. What is Dental Negligence? We delivered a Letter of Claim to the dentist on behalf of our client. No. Dental Malpractice Cases: Examples. Of these eight infections, four were fatalities and four resulted in irreversible brain damage. You may also incur additional costs while the claim is ongoing. Unfortunately, dental negligence can affect not only your physical health, but also your financial and mental wellbeing. As a result of the negligent dental treatment, our client suffered pain and discomfort unnecessarily for several years. Of the defendants, four were oral surgeons, two were pedodontists, and six were general dentists. Our site uses cookies. Dental negligence cases are very complex, and proving the dentist was at fault can be extremely difficult. If we are unable to contact you by phone we can email you to help and to provide important information about your claim. Staff must be competent in diagnosing you; healthcare professionals have a reasonable standard of care that they must give to you. 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. THE “COURSE OF TREATMENT” CASES. The most “extreme” of the dental negligence claims, these are cases where a dentist/practice has carried out lengthy courses of often unnecessary treatment upon unsuspecting patients with the primary aim of maximising their earnings. 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. Of the treating dentists in the category, six were orthodontists and 12 were general dentists. Of these 10 cases, seven affected the lingual nerve; three involved the inferior alveolar nerve. In the severed nerve subset, the injuries were permanent and the dentists involved did not … 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 . Call us on 1300 226 647 and tell us about your case, or fill in our claim form. Of the above negligence claims due to endodontic procedures, all of the defendants were general dentists. 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. Comprehensive documentation also includes: Keep in mind that many people will examine the dental record if there is a lawsuit. Dental Negligence, therefore, is when a dental professional causes harm to a patient during a standard procedure. Nine defendants were general dentists, and two were oral surgeons. Bringing your case to specialist Dental negligence solicitors gives you the best chance of securing the compensation you deserve. 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. Here are 10 dental negligence cases that can help you determine if you’re a victim of dental medical negligence: Case #1: Extractions. In cases where individuals seek compensation for dental malpractice that doesn’t meet these requirements, their cases are dismissed. 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. Radiographs were not routinely taken. The Leading Specialist Dental Negligence Solicitors in the UK. 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. Common examples of dental negligence include: Delay or incorrect diagnosis – including oral cancer misdiagnosis. Our dental negligence solicitors can help you receive compensation for poor dental treatment so that you can focus on getting better. This information is not intended to create, and receipt 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. Notes were written at or near the time of the patient’s treatment. One defendant was a periodontist; the other four were general dentists. Our attorneys have a comprehensive understanding of this multifaceted legal process and can effectively guide you through each step of proving your dental malpractice case. In 24 of the negligence claims involving dental implant surgery, the defendants were general dentists, and one was a periodontist. You can read more on our case studies page. The patient with the post-operative infection succumbed to the infection. 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. Of the defendants, 51 were general dentists and 12 were oral surgeons. 9 negligence: dental injections. 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. In 2013 Mrs Y was suffering from pain in her tooth and so made an appointment with her dentist. when said care may have helped … The bur fractured and was left in the sinus with no referral or attempt at retrieval. After thoroughly investigating the incident, we can construct a personalized case strategy that reflects your unique goals and legal objectives. Seven defendants were general dentists, and three were oral surgeons. 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. Nerve damage can result from tooth extractions, placement of dental implants, root canal treatments, local anesthesia injections, and other procedures. Dental malpractice comes in a wide range of different forms. All defendants were general dentists. 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. In the very worst cases, dental malpractice can result in a patient … 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 Cosmetic dentistry problems. Dental negligence claims can be extremely costly, but some solicitors will take dental negligence cases on a no win, no fee basis. There were 11 malpractice claims under this category. This category tied with extractions for the most fatalities. Our medical negligence lawyers are experienced in bringing claims against dentists. Covering a vast and varied range of cases, from loss of teeth to unidentified gum disease, our team is well versed in all dental compensation claims and are dedicated to getting you the justice that you deserve. Nothing on this site should be taken as legal advice for any individual In the sinus perforation subset, the dentists neither diagnosed nor referred the patient for treatment of the perforations. All cases involved multiple units or “full-mouth reconstructions.” There was a universal lack of treatment planning in these cases. 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. 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. Implants, gum disease, root canal treatment and tooth extractions – there are many treatments that can go wrong and lead to a dental negligence claim. The second most common alleged negligence was due to endodontic procedures. 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. While dental malpractice claims are relatively uncommon, one of the common triggers are injuries to the inferior alveolar nerve or lingual nerve. Condition: Multiple episodes of pain when his dentists failed to spot and treat decay. However, this figure has begun to rise in recent years. 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. 10 Dental Negligence Case Examples. Each dental negligence case is settled on a case by case basis, and the amount of compensation secured will reflect this. This is primarily due to the fact that more people are seeking dental care, and there are more medical experts operating within the … Whether you experience a problem or injury at a simple check-up or during surgery, it can cause you unnecessary pain and suffering. 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. There were 18 total cases of orthodontic treatment complications and 14 cases in the subset of root resorption. Dental negligence, also known as dental malpractice occurs when a dental practitioner fails to competently perform their duties based on the professional standards provided by the Health Professions Council of South Africa (HPCSA). Cases of dental negligence in Ireland are consistently on the rise. Criminal Cases. To discuss your claim, call our team today on 0808 256 8057 or request a call back. In other cases, the victim could lose teeth or even suffer permanent nerve damage as a result of dental malpractice. 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. 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 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. 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. This number will be used for the purposes of customer service and to provide important updates about your claim. 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. One perforation was due to a bur perforating the sinus. Condition: Multiple episodes of pain and loses tooth after her dentist failed to perform a root canal treatment properly. At the Dental Law Partnership every client is important to us and each of their stories is unique. 9. Contact our attorneys at (215) 392-6616 to schedule a free, no-risk consultation.We are proud to provide exceptional legal services to the residents of Pennsylvania and New Jersey. Can I Sue a Dentist for Medical Malpractice? Dental negligence claim result. In the severed nerve subset, the injuries were permanent and the dentists involved did not refer or follow up the nerve injuries. 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. Considering the fact that thousands of dental procedures are carried out each day in the UK, cases of dental negligence are surprisingly rare. Dental negligence cases have risen in recent years as patients have become more aware of their rights. In addition, the dentists neither followed up the injuries nor referred them to be followed. In all five cases, the drug administered was contraindicated by the patient’s medical history. (We will never sell your information to third parties.). Missing pages, inconsistencies, or unclear documentation will be problematic for the defense. Get in touch Common forms of dental negligence & Suing a dentist. MEWA’s dental expert witness can prepare any report for criminal and civil cases in UK & Ireland. In most cases of dental negligence, you’ll be able to make a No Win No Fee compensation claim. Dental negligence can worsen your existing condition and may sometimes endanger your life with inappropriate advice. 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