LATEST TWEETS

Will the new charge on building developments affect you? https://t.co/nYL2aeKpp5 https://t.co/2V8h28jydA
Energy Performance Certificates - do they matter? Find out here https://t.co/Pfe0tPTLFQ https://t.co/nfp8m04Ia0
Have you had a letter from HMRC demanding extra Stamp Duty Land Tax (SDLT)? The Times has reported that HMRC has b… https://t.co/FrSfvxi4YQ
In September, the Government published the Agriculture Bill 2018, which contains the framework for UK agricultural… https://t.co/KggFYhdCiq

Botched dental treatment? You may be entitled to compensation

So, you pluck up the courage to go to your dentist to get those fillings done or to have the root canal treatment you have been dreading for months. You come out of the dental surgery expecting healthier teeth, but what you end up with is more pain and discomfort. If this sounds familiar, then it is time to talk to a solicitor.

From reviewing your medical records to find out why treatment was necessary to assessing what went wrong in the dentist’s chair, a solicitor can help to establish whether the treatment you received was below the expected standard and, if so, whether compensation should be paid. They can also help to ensure that you are treated properly going forward. Katherine Flashman Kitson, personal injury specialist at Parnalls Solicitors explains more.

‘When you go to see a dentist, you are entitled to be treated with reasonable skill and care. Where the service you receive is substandard and you suffer as a result this may amount to negligence, and, if it does, you are well within your rights to ask your dentist to make amends’, says Katherine.

When will dental treatment be negligent?

Dental treatment will be negligent where it can be shown that the way your dentist treated you is not the way that a reasonable dentist would have treated you. This may be the case, for example, where your dentist has:

• failed to diagnose you with a condition that dentists are trained to spot, such as mouth cancer or gum disease;
• unnecessarily removed a healthy tooth;
• failed to follow basic hygiene controls which have caused an infection;
• failed to properly secure a dental crown or veneer;
• carried out inadequate bridge or orthodontic work;
• poorly performed teeth bleaching;
• failed to properly fill your teeth;
• failed to spot and treat tooth decay; or
• caused permanent nerve damage.

How much compensation can I claim?

If your dentist has been negligent then the amount of compensation you can claim will depend on the amount of harm caused and the cost of any treatment needed to repair the damage.

In most cases compensation can be claimed for the pain and suffering you have endured together with the cost of any further treatment you require. You can also claim for any related financial losses, such as loss of earnings, if you have been unable to work or have had to take time off to attend medical appointments.

How do I make a claim?

To make a claim, your solicitor will need to review your medical records to establish whether the way you have been treated is negligent. If it is, then a letter will be sent to your dentist to explain your case and to ask whether they admit fault. Your dentist will have four months to reply to this letter and will do so only after discussing your claim with their insurer.

If your dentist admits that they were negligent then your solicitor will contact their insurer to negotiate a compensation payment. If negligence is denied, or if the amount of compensation to be paid cannot be agreed, your solicitor will have to issue a claim at court to get the matter resolved. There are strict time limits for making a compensation claim, so it is important to act quickly.

The cost of investigating your claim, and of taking the matter to court if necessary, can usually be funded under a conditional fee agreement which means there may possibly be no legal fees to pay unless your claim is successful.

How much compensation can I expect to receive?

The amount of compensation you can expect to receive will depend on how badly you have been affected by the way you have been treated. Minor problems may only result in the payment of a few hundred pounds. However, more serious problems could result in a compensation claim of many thousands of pounds.

If you have received poor dental treatment, please contact Katherine Flashman Kitson on 01566 772375 or email flashmankitsonk@parnalls.com to find out how we can help.

The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.

MORE NEWS

Buying a home for your retirement, five things you need to consider

Farmers plan to diversify after Brexit

Ministers press ahead with probate fee shake-up - reports BBC News

Botched dental treatment? You may be entitled to compensation

Why a Health and Welfare Power of Attorney is a good idea

Will the new charge on building developments in Cornwall affect you?

Energy Performance Certificates – Do They Matter?

HMRC Challenging Stamp Duty Land Tax Payments

Ben Mitchell qualifies as a solicitor

The potential implications of Brexit on employment law

Appointing a guardian for your children

Houses in multiple occupation – new rules from October 2018

New Agriculture Bill published

Will Brexit affect my pension?

Dreaming of a holiday home? Sort out the legals before putting your feet up

Lasting Power of Attorney by Deborah Adams

Settled status after Brexit by Alexis Hager

How to choose an executor to administer your estate when you die

How overage agreements can boost profits from your land

Top tips for first-time buyers

How Could Brexit Affect My Farm?

Wills & Succession in Spain by Deborah Adams

Brexit ­– an international and local view by Alexis Hager, Litigation

Capital gains tax - important facts for non-residents of the UK

Buying a home: the importance of making sure the seller is entitled to sell

Changing a will after someone has died: it is possible and it could save you money

Your responsibilities when you have people working in your home

Sad passing of Battle of Britain pilot who served with Parnall family member

Considerations when buying a heritage property

Disciplinary proceedings at work: guide for employers

Employers should have a disciplinary process in place, but just following this may not be enough to avoid falling foul of the law and exposing yourself to the risk of an employment tribunal claim.

Selling your land through a conditional contract

Why you should always use a solicitor to prepare your will

Putting your legal affairs in order

How to extend a lease on a flat or buy a share of the freehold

Delayed Health Checks

New Marketing Team at Parnalls Solicitors Ltd

Social media: snooping in the recruitment process

A landlord's guide to tenant alterations

Equity release, your questions answered

Short term lettings: avoiding the pitfalls

How to apply for a grant of probate

Are you entitled to a fee refund for your Lasting Power of Attorney?

What to do when someone dies

Business disputes: can they ever be avoided?

Accident at work: what to do and when if you have been injured

Director appointment

What type of will do I need?

Business rates: a financial ticking time bomb (Part 2)

Conveyancing quotes: what you need to know

New appointment in Litigation

Property boundaries and rights of access: what are they and why do they matter?

Mental Health - we can get you the help you need

Business rates: a financial ticking time bomb (Part 1)

Leaving a gift to charity in your will

Parnalls helps two leading Devon organic meat companies to become one

Katherine Flashman Kitson is appointed Governor of St Joseph's School, Launceston

Financing your home purchase (Part 2)

New rules on debt recovery may delay payment of consumer debts

Making financial gifts during your lifetime (Part 2)

Our Guide to Lasting Powers of Attorney for Your Business Interests

Financing your home purchase (Part 1)

Careless replies to pre-contract commercial property enquiries could land you in trouble

Making financial gifts during your lifetime (Part 1)

Property referrals and recommendations - what to consider

World Alzheimer’s Day: Three-step plan to get your legal affairs in order

Legal considerations when setting up a business (Part 2)

How to avoid falling victim to property fraud

What are the key terms that need to be covered in a commercial lease? Part 3

Top 10 reasons to use a solicitor to make your lasting power of attorney

What legal considerations do I need to think about when setting up a business? (Part 1)

Why you need to update your will as soon as you decide to separate or divorce

What are the key terms that need to be covered in a commercial lease?  Part 2

The Bank of Mum and Dad: top tips when lending money to your children  

DON’T ACCEPT 50/50 ON AN ACCIDENT IN A COUNTRY LANE

The importance of insurance when life trips you up

The role of a court appointed deputy

What are the key terms that need to be covered in a commercial lease?

Ten common debt recovery mistakes

How do I know if my relative has the mental capacity to make a will?

Motorcycle accidents - what to consider when claiming compensation

Top tips for pushing your house purchase through as quickly as possible

How does the new inheritance tax perk work?

The ultimate personal injury and accident claim checklist

Jargon-busting guide to Lasting Power of Attorney

10 reasons to appoint a Personal Injury solicitor

What happens when mum or dad are ill and can’t make decisions?

How firms can take advantage of the rise of alternative finance

Should Stamp Duty be abolished?

Teenager paralysed after falling off a horse awarded £3 million in compensation

RBS to pay investors £800 million

Not happy with your accident claim lawyers?

Parnalls expands its litigation team

Hard work pays off for our Trainee Legal Executive.

Katherine Scott Flashman Kitson celebrates 20 years

How will the new Residence Nil Rate Band (RNRB) affect you?

Exciting new business hub unveiled in North Cornwall

Be careful what you post on Facebook

Parnalls rolls out the support at Wadebridge Wheels

New trainee solicitor appointed

Mark Parnall comments on Brexit in The Law Society Gazette