DENTAL NEGLIGENCE

MEDICAL NEGLIGENCE

Claim Against a Dentist

When attending a dentist for a procedure, things may not always work out the way that they are planned. Mistakes can occur and the patient suffers an injury as a result. But it does not necessarily follow that the injury suffered is actionable.

What is Actionable in Dental Negligence?

There must be proof of negligence by the dentist. You must establish that any other dentist in performing the same procedure and exercising reasonable care, would have brought about a totally different outcome.

There must be proof that the injury arose out of the negligent act of the dentist and that the injury was a direct result of the dentist’s negligence.

Actions to take if pursuing a case.

Like all personal injury cases, act quickly. The time limit to take such an action is two years. There are exceptions to this, and your solicitor will advise, but in general the two-year rule applies.

Where a person is not sure if they have a case against their dentist, then talk it over with your solicitor.

Keep a record of the dates you visited your dentist, where the treatment was spread over a period of a number of visits and keep records of the fee charged and any documentation relevant to the dental work.

If your dentist visits incurred some travelling expenses, then keep receipts of costs.    

Write a memo on the treatment you sought, the procedure your dentist advised on and what happened when you incurred the injury. Describe the discomfort or pain you had and describe what your position was after the procedure. For example, could you not eat solids, or were you embarrassed to smile etc.  This will assist your solicitor in establishing the key facts in your case and to determine, in their opinion, whether there is a claim for dental negligence.

Your solicitor will explain the process involved in taking a professional negligence case against your dentist.