Dental Negligence -
-
Stupid Decisions
Under The White Light
Whether it's down to the decaying services being provided
by the UK's National Health Service (NHS) or because more
of us are aware of the benefits of dental surgery, what
is indisputable is that there are more compensation cases
for dental negligence than at any other time
in our history.
So, if you have been on the wrong end of a particularly
nasty piece of dental surgery recently, how would you
go about making a dental negligence claim?
Dental Negligence Solicitor
Even though some experts will tell you that the standard
for establishing a claim of negligence involving dental
surgery is easier than in other areas of medical
negligence. There are less things that can go wrong
in dental surgery than in hospital surgery, this is still
a very technical area of personal injury law.
As such, top of your list of priorities following the
dental procedure in question should be a visit to see
a dental negligence solicitor. The solicitor
should then tell you whether or not you have a personal
injury claim to make against the dentist
who did the botch!
In the event that you cannot afford a compensation solicitor,
don't worry too much about this as most dental negligence
solicitors these days are more than willing to agree to
work for you on a no
win no fee basis.
Basically, under a no win no fee structure, you will
not be liable for the cost of retaining your solicitor
because, should you lose, he has agreed not to be paid,
and should you win, he'll be paid by your opponent.
Establishing Who To Sue
At your preliminary meeting with your dental negligence
solicitor you'll need to determine who you are going to
sue. As, in the UK, we have a dual system of dental care,
between the private sector and the public sector, with
many dentists practicing in both. Before you can submit
your dental negligence claim you need to establish whether
you saw the dentist in the capacity of a patient under
the NHS system, or as a private patient of the dentist.
In the event that you saw the dentist as a private patient,
then in all likelihood you will not be suing the dentist
for compensation, but rather the dentist's insurance company!
On the other hand, if you were visiting the dentist as
a patient under the NHS system, then, again, you would
not be suing the dentist for negligent compensation, but
the NHS itself.
Standard Of Care
Generally the accepted reasoning is that dentistry is
a 'tried-and-tested' profession where things can only
go wrong if the practitioner has made a mistake. Nonetheless,
as with all personal injury claims in the UK, you will
need to establish that the dentist owed you a duty of
care and was not diligent in undertaking his duties.
In this regard, so far as dental negligence is concerned,
any dental negligence claim will need to show that the
dentist did not exercise the professional standards set
by the British Dental Association and/or the Dental Practice
Board.
It's Your Right Claim It!
You may feel that a claim for dental negligence compensation
is a little trite after all, it's not the end of the
world! However, keep in mind two factors:
• even if it is the case that the dentist pulled
the wrong tooth or gave you a filling you didn't need,
if you are an adult that tooth will never grow back and
it has gone forever!
• dental negligence does not only cover the simple
pulling of teeth, it also includes complex procedures
such as root-canals and gum treatment. These procedures
can not only be extremely expensive, but also extremely
painful.
Beside that, if you do not retain a dental negligence
solicitor and take action against a negligent dentist
for dental negligence compensation, then the next person
to sit in the same dentist's chair may have the same experience
as the one you just had!
It's easy to proceed with a dental
negligence claim and gain maximum results
without the hassle, costs and confusion. Discover the
12 revolutions of dental claims at http://www.100Percent-Compensation.co.uk
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- If you want to make a dental negligence claim...
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