Periodontal disease, commonly known as gum disease, is a chronic bacterial infection that affects the gums and supporting structures of the teeth. In its early stages, it manifests as gingivitis, characterized by red, swollen, and bleeding gums. If left untreated, gingivitis can progress to periodontitis, leading to irreversible damage to the bone and connective tissues that hold the teeth in place. This can result in tooth loss and other serious oral health complications.
The Dentist’s Duty of Care
Dentists in the UK have a legal duty of care to their patients. This means they must provide a reasonable standard of care, skill, and diligence in their diagnosis and treatment of dental conditions. Failure to meet this standard can constitute negligence. In the context of periodontal disease, this duty of care includes:
- Conducting thorough oral examinations to detect signs of gum disease, such as bleeding, inflammation, and pocket depths.
- Taking appropriate radiographs (X-rays) to assess the extent of bone loss.
- Providing appropriate advice and treatment, such as scaling and root planing, to manage the disease and prevent its progression.
- Referring patients to a specialist periodontist if necessary.
Grounds for a Dental Negligence Claim
If you believe your dentist failed to diagnose or adequately treat your periodontal disease, you may have grounds for a dental negligence claim. To succeed in such a claim, you will need to prove the following:
Breach of Duty:
Your dentist breached their duty of care by failing to provide the standard of care expected of a reasonably competent dentist.
Causation:
The breach of duty directly caused you to suffer harm or loss. For example, you may have experienced tooth loss or other complications that could have been prevented with timely diagnosis and treatment.
Quantifiable Damages:
You suffered quantifiable damages as a result of the negligence. This can include the cost of additional dental treatment, pain and suffering, and loss of earnings.
Gathering Evidence
If you are considering making a dental negligence claim, it is important to gather evidence to support your case. This may include:
- Your dental records, including X-rays and treatment notes.
- Expert opinions from dental professionals.
- Documentation of your pain and suffering, such as medical records and personal diaries.
- Evidence of financial losses, such as receipts for dental treatment and payslips.
Time Limits for Making a Claim
In the UK, there are strict time limits for making a dental negligence claim. Generally, you must bring your claim within three years of the date you first became aware of the negligence. However, there are some exceptions to this rule, so it is important to seek legal advice as soon as possible.
Seeking Legal Advice
If you believe you have been a victim of dental negligence, it is crucial to seek legal advice from a specialist solicitor. They will be able to assess the merits of your case, guide you through the claims process, and help you secure the compensation you deserve.
Making a Medical Negligence Claim with National Claims
At National Claims, we understand the devastating impact that medical negligence can have on your life and the lives of your loved ones. If you believe you or a family member has suffered harm due to substandard medical care, such as misdiagnosis, surgical errors, medication errors, or delayed treatment, we are here to help you by connecting you with a solicitor from our panel who will be able to assess your case.
Free Consultation
We recognise that every medical negligence case is unique, and we’re here to offer you a free, no-obligation consultation to discuss your specific situation. During this consultation, we’ll listen attentively to your experience, and assess the potential strength of your claim. Our team will then connect you with a qualified solicitor from our panel who specialises in medical negligence claims.
*Customers pay up to 25% (incl. VAT) of the amount recovered towards solicitor costs and if you cancel outside your cooling off period, you may be charged a fee.
Contact us today to speak to one of our claims agents who will be able to help you get started on your claim.
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