Dental Negligence

By: TG Baynes Solicitors  06/03/2013
Keywords: personal injury, medical negligence

We have over 25 years' experience in dealing with Medical Negligence cases including Dental Negligence on behalf of claimants. 

If you have undergone dental work that you are unhappy with the work and believe that you have suffered unnecessarily, then you may have suffered from dental negligence. Please see the various case studies (link to case studies) for examples of this. There can be no liability in negligence unless the Claimant establishes that he or she was both owed a duty of care by the Defendant and that there has been a breach of that duty.  In essence, a dentist would be negligent if they provided you with treatment that fell below the minimum standard of care or skill. The dentist is therefore judged by the standard of the average competent dentist. You will need to show that the dentist did not exercise the professional standard set by the British Dental Association and/or the Dental Practice Board. 

Having established that a breach of duty has occurred, i.e. the dentist has acted (or failed to act) in a way which was substandard, the Claimant must prove that the breach of duty caused ‘damage’. The burden of proof lies with the Claimant to prove his or her claim and the Claimant will need to prove his or her case ‘upon the balance of probabilities’ i.e. a greater than 50% chance. It is normally the causation element of a claim that Claimants are unable to prove. Thus whilst some dental negligence claims are strong upon liability/breach of duty, they can fail upon causation. What to do if you think you are a victim of Dental Negligence

Establishing that a breach of the duty of care owed by a dental professional has taken place requires medical and legal expertise. To establish if you have a claim contact our team of legal and medical experts today. 

Keywords: medical negligence, personal injury

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