Root canal treatment is often a successful procedure, relieving pain and saving a tooth that might otherwise need extraction. However, in some cases, a root canal can fail, leading to further complications and the need for additional dental work. If your root canal has failed and you believe it’s due to negligence on the part of your dentist, you may be entitled to compensation.
Understanding Root Canal Failure
A root canal procedure aims to remove infected or damaged tissue from inside a tooth, preventing the need for extraction. When a root canal fails, it means the infection persists or returns, often causing pain, swelling, and further damage to the tooth. This can happen for several reasons, including incomplete removal of bacteria, inadequate sealing of the tooth, or a fracture in the tooth following the procedure.
Causes of Root Canal Failure and Dental Negligence
While root canal failure can sometimes occur even with proper care, there are instances where it’s the result of dental negligence. Some common examples of negligence that can lead to root canal failure include:
- Misdiagnosis or delayed treatment: If a dentist fails to correctly diagnose the need for a root canal or delays the treatment, it can allow the infection to worsen, making the procedure more complex and increasing the risk of failure.
- Inadequate cleaning and disinfection: Failure to thoroughly clean and disinfect the root canal system can leave behind bacteria that may cause reinfection.
- Improper filling and sealing: If the root canal is not filled and sealed correctly, it can allow bacteria to re-enter the tooth, leading to further infection.
- Perforation of the tooth: In some cases, a dentist may perforate the tooth during the procedure, creating a pathway for bacteria to enter.
Establishing Negligence in a Root Canal Failure Claim
To make a successful claim for compensation due to root canal failure, you need to establish that your dentist acted negligently. This means demonstrating that their actions fell below the accepted standard of care for a reasonably competent dentist. It’s essential to gather evidence to support your claim, such as:
- Dental records: Your dental records will provide details of the root canal procedure, including X-rays, treatment notes, and any follow-up appointments.
- Expert opinion: An independent dental expert can assess your case and provide an opinion on whether the root canal failure was due to negligence.
- Witness statements: If you experienced any unusual pain or discomfort during or after the procedure, witness statements from family or friends can support your claim.
What Can You Claim Compensation For?
If your root canal failure claim is successful, you may be entitled to compensation for various losses, including:
- Pain and suffering: This covers the physical and emotional distress caused by the failed root canal and any subsequent treatment.
- Cost of remedial treatment: You can claim for the cost of any additional dental work required to correct the failed root canal, such as retreatment, extraction, or implants.
- Loss of earnings: If you had to take time off work due to the failed root canal and subsequent treatment, you can claim for lost income.
- Travel expenses: You can also claim for any travel expenses incurred in attending dental appointments.
Time Limits for Making a Root Canal Failure Claim
It’s crucial to act quickly if you believe you have a claim for root canal failure. In the UK, there’s generally a three-year time limit for making a dental negligence claim. This time limit starts from the date you became aware that you suffered harm due to the negligence. However, there are exceptions to this rule, particularly for children and those who lack mental capacity.
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 seek the justice and compensation you deserve.
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, ensuring that you receive the expert legal representation needed to pursue your case effectively.
*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.
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