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It’s not just doctors that get it wrong - how medical negligence claims for dentists are also a risk

A report by the Dental Defence Union (DDU) has revealed that the cost of settling dental medical negligence claims has increased by nearly three times the rate of inflation since 1982. The DDU is welcoming the proposed changes to the system for public litigation as put forward by Lord Justice Jackson, arguing that: “the current situation, where claimants' legal costs can be as much as thirteen times the compensation awarded to the damaged patient, impugns the system and is very unfair to dental professionals who are currently funding these legal costs.”

Whilst many people are aware that if they are the victim of medical negligence whilst under the care of a medical professional they can launch a claim for financial compensation, fewer are aware that dentists and dental negligence fall into the same bracket. Just as hospital staff, doctors and nurses have a legal obligation to maintain and uphold certain standards in treating patients, dentists and dental staff also have a duty of care to their clients. If a patient receives substandard treatment that leaves them with an injury or illness, then they too have a legal right to seek recompense through the courts.

Poor treatment

The DDU went on to reveal that, in 2010, the average claimants’ costs paid on behalf of dental professionals was £8,700 - 17 times the 1982 figure of £500. Most of the costs involved in this price-hike seem to come from the fees commanded by ‘no win, no fee’ solicitors. For example, a dental medical negligence claim for poor root canal treatment which resulted in the need for extraction under general anaesthetic was settled with £6,750 damages paid to the claimant patient. While the claim was settled in just five weeks, the claimant's solicitors costs were initially £20,000, which included a success fee and after the event insurance premium. After negotiation, costs were agreed at £10,000.

However, dental malpractice or dental negligence does not always mean that a dentist has injured a patient. A dentist can be sued for negligence should he or she fail to detect diseases such as mouth cancer during an oral examination. In such a case, a patient may claim that it was through negligence that the disease remained undetected. This can also lead to disagreements with regards to any fees that have been paid.

Easy targets

Dentists are welcoming the proposals made by Lord Justice Jackson, who believe that they are easy targets for those looking to make fraudulent claims. Dentist, Dr Stephen Morris cites cases where: ”a patient 'claims' for a treatment option to correct a negligence occurrence of - e.g. - several implants”, but then, once the claim has been settled, “decides that a nice cruise and a new conservatory, with the option of a car upgrade, would be a much nicer idea than all that nasty implant surgery”. While this may not be the opinion of all dentists, it is certainly a barometer of just how strongly the dental profession feels about the current system.

Despite this, many patients will find some consolation in the fact that, if they receive treatment that is not of a certain standard, they can seek compensation to alleviate their pain and to treat any further complications brought on as a result.

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If you believe you have been the victim of an act of medical or clinical negligence you need our free guide which answers all of the questions that you need answers to before deciding to make a claim, including:

• What are the costs of making a claim for compensation
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Before you take any further action, take five minutes to read our free guide so that when you do pick up the telephone or fill in an online enquiry form, you know exactly the questions you need to ask to find the right medical negligence claim solicitor for you.

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