Dental Negligence FAQ’s

 

Can I recover the dental treatment fees I have already paid and the fees I will have to pay as a result of the negligence?

Yes. We would seek to recover any reasonable treatment fees which you have paid or are likely to pay because your treatment has been negligent. This can include the cost of extractions, crowns and bridges, hygiene treatment and implant treatment.

Can I still have dental treatment while my dental negligence claim is ongoing?

Yes. There is no need to delay having any treatment you require whilst your claim is ongoing. We would be able to apply for copies of all of your dental records and then have them assessed by an independent Dental Expert.

What other out of pocket expenses can I include in my dental negligence claim?

In addition to otherwise avoidable treatment fees, it is also possible to include items such as travel and medication costs and loss of earnings and additional out of pocket expenses in your claim.

How much is my dental negligence claim likely to be worth?

It is difficult to assess the likely value of a claim until the clinical records have been obtained and we have had them reviewed by an independent Dental Expert. It is also very important to note that each case turns on its own merits and therefore has to be assessed individually. If your claim is successful, you will receive compensation in relation to the avoidable pain, suffering and loss of amenity which you have experienced in addition to your reasonable out of pocket expenses as above.

How long does it usually take to settle a dental negligence claim?

Bringing a dental negligence claim can unfortunately be quite a lengthy process but we do aim to avoid all delays as far as possible. A straight forward claim can take up to 12 months to settle whilst a claim which goes into Court Proceedings is likely to take much longer.

Will I have to go to court for a dental negligence claim?

As the vast majority of dental negligence cases settle at a relatively early stage and outside Court Proceedings, it is very unlikely that you would have to attend a Court Hearing. This also applies even if we do issue Court Proceedings as again, most cases settle well before the case gets as far as a Trial.

How will my dental negligence claim be paid for?

Your dental negligence claim can be funded using either “Legal Expenses Insurance” which you may already have, e.g. in conjunction with your home insurance policy or with a “Conditional Fee Agreement”, commonly referred to as a “No Win, No Fee”. This in effect means that it will not usually cost you anything to bring a claim. We will always ensure that you fully understand the terms of the funding Agreement before proceeding.

 

If you still have a question regarding dental negligence that you don’t have the answer to, use our ask a solicitor tool- Ask EAD provides up to date free legal advice.

 

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