Dental Negligence

What is Dental Negligence? 

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.  Dental negligence cases have been risen in recent years as patients have become more aware of their rights. 

If you have undergone dental work that you are unhappy with and believe that you have suffered unnecessarily, then T G Baynes Solicitors have and experienced team of specialist solicitors as well as an in-house nurse to assist you in your compensation claim.   Examples of Dental Negligence Case Studies we have been instructed on can be found here 

T G Baynes can pursue a Dental Compensation Claim on your behalf on a No Win No Fee (CFA) basis meaning that you pay effectively no legal costs should your claim fail on your behalf.  To contact us email us on info@tgbaynes.com or call 020 8301 7777

Can I Claim Compensation for Dental Negligence? 

If you believe you have suffered due to Dental Negligence or you are unhappy with your dental treatment, T G Baynes can provide a free expert legal view on whether or not you have the basis for a legal claim.

By contacting us you are not committing yourself to pursuing your legal claim with us. We do not charge you for considering your claim or for speaking to you during this assessment period.  After we have assessed your information we shall contact you to discuss the strength of your claim. Then if you are interested in us pursuing? the compensation claim on your behalf we will discuss the different ways of funding your claim. 

What is "Duty of Care" and why does it matter?

There can be no liability in negligence unless you establish you are owed a duty of care by the Defendant and that there has been a breach of that duty, additionally you must prove that the breach of duty caused damage over and above that which you would have had in any event. 

Establishing that a breach of the duty of care owed by a dental professional has taken place requires medical and legal expertise. To establish if you have a claim contact our team of legal and medical experts today.

Who do I sue?

It is important to establish the legal entity who believe you have a claim of dental malpractice against.  In the UK, we have a dual system of dental care and patients normally have dental work carried out by their dentist on a private paying basis or under the NHS, with many dentists practicing in both. Therefore, before we pursue a compensation claim we will need to establish whether you saw the dentist as a NHS or Private Patient.

Why does it matter if I was a private or NHS dental Patient? 

If you saw the dentist as a private patient, then you will be suing the dentist him or herself. However, if you were treated by the dentist as a patient under the NHS system, then you would be suing both the dentist and NHS for negligent treatment.

Are There Time Limits on Dental Negligence Compensation Claims?

Generally, proceedings must be issued within three years of the date of your injury if your claim cannot be settled before then. If proceedings are not issued or your claim is not settled by the third anniversary of your Dental incident, your claim could then become Statute Barred and you will be unable to proceed with your claim.

On occasion, ‘time’ can also run from the ‘date of knowledge’. If the date of knowledge rule is applied, the three year limitation rule starts from the date that you could have reasonably been aware that the treatment provided by your dentist was sub-standard. In some circumstances the effects of dental treatment can only come to light after some time has elapsed. Therefore, the ‘date of knowledge’ rule can sometimes assist you.  It is crucial that the limitation period does not expire so if you are considering taking legal action we recommend that you immediately seek legal advice.

What is the Dental Complaints Service?

The Dental Complaints Service (DCS) was launched on 24 May 2006. It resolves an average of 30 complaints a week and it is contacted by both patients and dentists to resolve complaints. For further information please click here.

What is the General Dental Council?

The General Dental Council (GDC) is the main body which protects patients. It sets out specific guidelines on what is acceptable treatment.  For further information please click here.

Dental Negligence