Dentists in Ireland are categorised as medical practitioners by the Medical Practitioners Act of 2007, and as such have the same “duty of care” as a surgeon, nurse, family doctor or mid-wife. All the time you are reclining in their chair, you place your trust in them that they are going to take the best care of your teeth, but when they fail to do so – and you sustained an avoidable injury as a result – you are entitled to make a dental negligence compensation claim.
A claim for dentist negligence compensation can arise in a number of scenarios. Dentists acting negligently can cause harm to their patients by failing to diagnose or treat infections, oral cancers and cysts. They can also cause harm by the misapplication of analgesics, anaesthetics, antibiotics and sedatives as well as showing a lack of skill (or failing to apply their skills) with drills, syringes or any of their other instruments.
You may also be entitled to claim compensation for dentist negligence in Ireland if your dentist has insisted that you have a certain procedure done, such as having a tooth removed, when it is not necessary, expensive and potentially harmful.
Time Limits for a Dentist Negligence Compensation Claim
Making a dentist negligence compensation claim can be done from the date when your dentist carried out (or failed to carry out) a procedure negligently or from when you became aware that you had sustained an injury as a result of a procedure or the failure to provide appropriate treatment.
Children have two years from their eighteenth birthday in which to make a claim for dentist negligence compensation – although it is not advised that a claim is delayed any longer than necessary and a parent or guardian should represent them in a dentist negligence compensation claim at the earliest possible opportunity.
Making a Claim for Dentist Negligence Compensation
As dentists are considered to be medical practitioners, you will be unable to recover compensation for dentist negligence via the Injuries Board and will have to engage the services of a solicitor in order to make a dentist negligence compensation claim.
A successful claim for dentist negligence compensation will have to demonstrate that ‘at the time and in the circumstances’ a competent dentist would have chosen a different course of action that would have avoided the injury being sustained.
Therefore, a solicitor would request the release of your dental records in order that they are reviewed by an independent dental specialist, who will determine whether or not there is sufficient evidence of negligence to support a dentist negligence claim.
If such negligence exists, your solicitor will send a ‘Letter of Claim’ to the dentist, advising him or her that a claim for dentist negligence compensation is being made against them. No mention of how much compensation for dentist negligence you are claiming is included in the letter – indeed it may not yet be known how much work will be required to reverse your dentist´s error.
Depending on whether liability for your injury is accepted or not, your solicitor will either enter into negotiations with the dentist´s medical insurers to settle your claim for an appropriate amount or discuss with you the options for settling your claim in court.
Free Advice about Compensation for Dentist Negligence
The first step you should take is to call our medical negligence claims advice service to discuss the nature of the negligent treatment you received and the injury you sustained from it. It is especially important that you speak with a solicitor at the first possible opportunity if you have received an unsolicited offer of compensation for dentist negligence.
The call to us and the advice provided are both free, and there is no obligation on you to proceed with a claim for dentist negligence compensation once you have spoken with us. Call us now on 1800 989 850 or, if you cannot speak right away, please fill in the form on the left and we will call you back.
Our Promise to You:
- 100% One-to-one telephone consultation with an experienced medical
negligence claims solicitor
- 100% Free helpful and impartial advice
- 100% Information which is both accurate and up-to-date
- 100% Complete confidentiality and discretion assured
What You Can Expect from Our Service
When you call our medical negligence claims advice service, we will ask you to tell us the reason why you visited the dentist (emergency treatment or regular check-up), what treatment – or lack of treatment – was administered to you, and what the consequences of the alleged negligence have been.
We will ask you what the consequences to your quality of life have been, whether any remedial treatment has been suggested (if you have already consulted another dentist or doctor) and what professional prognosis has been offered to you.
We will be happy to answer any further questions you may have in respect of a dentist negligence compensation claim, and you can contact us on 1800 989 850
If you would rather that we called you, please complete your details in the call-back box below and one of our dedicated team will get back in touch with you. We look forward to hearing from you.