More people are becoming victims of dental negligence, and one of the main reasons is due to the increase in the popularity of cosmetic dentistry and surgery including implants and crowns. That doesn’t mean however that you should choose to ignore having dental work, especially if it’s a necessary or important procedure. The likelihood is, is that it won’t happen to you.
However, dental negligence can potentially cause you and your family a lot of problems. One of the worst scenarios is that bad dentistry can lead to prolonged or permanent disfigurement. A poorly treated tooth can become a source of infection. A person can also die because of incorrectly given or too much anesthesia.
Although you may have heard some horror stories regarding poor dentistry, medical malpractice and negligence can be so common health care professionals such as dentists have medical malpractice insurance. The coverage can be used to compensate the injured and/or their families and pay for their legal fees.
If you have been badly treated by a dentist and you are able to prove it, then most definitely they will pay you compensation through their insurance. But the question is, will that be enough?
Insurance companies have the reputation of making victims go through a very time-consuming process before they can obtain any compensation. It’s also common for them to award only a portion of what is due usually through technicalities. To give yourself the best chance of claiming compensation successfully is to approach a solicitor.
Who Is Liable?
During the course of a solicitor assessment, you will be asked about the incident comprehensively. Every small detail will be covered in order to help the solicitor and you identify the real person liable to the injury. This is very important because wrong identification can mean a loss and therefore you cannot make any claim. Will it be the clinic, the dentist, the staff, or any other professional in the clinic? This has to be discussed and decided prior to court action.
You also have to carefully identify the exact reason for the injury, which can then be classified into two: negligence and malpractice.
It is considered negligence when there’s failure of the dental care professional to properly and accurately diagnose your issue, so you didn’t get the right treatment and medication.
It is malpractice when there’s lack of care or deliberate decision to cause injury due to unprofessional work and poor work ethics.
How Soon Can You Make A Dental Claim?
If you want to file for compensation, you are given 3 years to do so according to the limitation period. The count can begin from the date of knowledge, when you learned that the cause of your pain and suffering is actually from dental negligence or malpractice, or date of the actual injury or accident.
Your solicitor can help you determine when the actual issue began. Take note of the time period though, because if you file for a claim beyond this period, you will already be considered time barred and you’re no longer allowed to proceed.
A dental negligence solicitor can work under a no win, no fee agreement. Subject to certain terms and conditions, it simply means the solicitor takes the risks as you don’t have to pay anything upfront. The fees are then collected along with the compensation when you have won.
To find out more on the subject of dental claims you may like to visit this site.