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Can You Sue a Dentist for Nerve Damage? UK Claims Guide

Suing a UK dentist for nerve damage? Our guide explains claims, negligence, & compensation.

Nerve damage following dental treatment can be a distressing experience, potentially leading to long-term pain, numbness, and loss of function. If you’ve suffered nerve damage due to negligent dental work in the UK, you may be entitled to compensation. This guide provides a comprehensive overview of nerve damage claims against dentists, helping you understand your rights and the claims process.

Understanding Nerve Damage After Dental Treatment

Nerve damage is an unfortunate complication that can sometimes occur after dental procedures, even with competent care. However, if your nerve damage resulted from substandard or negligent treatment, you may have grounds for a dental negligence claim.

The trigeminal nerve, responsible for facial sensation and motor function, is the most commonly affected nerve in dental procedures. Damage to this nerve can lead to persistent pain, numbness, or altered sensation in the face, lips, chin, gums, and teeth. In severe cases, it can impact your ability to eat, speak, and perform daily tasks.

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Common Causes of Nerve Damage in Dental Procedures

Several dental procedures carry a risk of nerve damage, including:

  • Wisdom tooth extraction: The inferior alveolar nerve, a branch of the trigeminal nerve, runs close to the lower wisdom teeth. Negligent extraction can damage this nerve, causing numbness in the lower lip, chin, and tongue.
  • Dental implants: Improper placement of dental implants, particularly in the lower jaw, can injure the inferior alveolar nerve.
  • Root canal treatment: Files used during root canal procedures can perforate the tooth root and damage surrounding nerves.
  • Local anesthesia injections: Incorrect administration of anesthetic injections can directly injure nerves, causing temporary or permanent damage.

Establishing Negligence in a Dental Nerve Damage Claim

To pursue a successful claim for nerve damage against a dentist, you must establish that:

  • The dentist owed you a duty of care: All healthcare professionals, including dentists, have a duty of care to their patients to provide treatment that meets a reasonable standard of skill and care.
  • The dentist breached their duty of care: This means the dentist’s actions fell below the accepted standard of care for a reasonably competent dentist. Expert evidence is crucial in determining whether a breach of duty occurred.
  • The breach of duty caused your nerve damage: You must demonstrate a direct causal link between the dentist’s negligence and your nerve injury.
  • You suffered harm as a result of the nerve damage: This includes physical pain, emotional distress, loss of earnings, and expenses incurred due to the injury.

Gathering Evidence for Your Dental Negligence Claim

Strong evidence is essential to support your dental negligence claim. Key evidence may include:

  • Medical records: Obtain copies of your dental records from the negligent dentist, including treatment notes, X-rays, and correspondence.
  • Expert reports: A dental expert will assess your case, review your medical records, and provide an opinion on whether the dentist’s treatment fell below the accepted standard of care.
  • Witness statements: If anyone witnessed the negligent treatment or its aftermath, their statements can corroborate your account.
  • Financial documents: Gather evidence of any financial losses incurred due to the nerve damage, such as lost wages, medical expenses, and travel costs.

Time Limits for Making a Dental Negligence Claim

Strict time limits apply to dental negligence claims in the UK. Generally, you have three years from the date of the negligent treatment or the date you became aware of the negligence to initiate a claim. However, exceptions exist for children and those lacking mental capacity. It’s crucial to seek legal advice as soon as possible to avoid missing the deadline.

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Making a Medical Negligence Claim with National Claims

At National Claims, we understand the devastating impact that medical negligence can have on individuals and their families. If you or a loved one has suffered harm due to a surgical error, misdiagnosis, or any other form of medical negligence, our team is here to help by connect you with a solicitor from our panel who specialise in helping victims of medical negligence navigate the complexities of the claims process and secure the compensation they deserve.

Free Consultation

Let’s start with a free consultation to discuss the specifics of your case. We’ll listen to your experience, review your medical records, and assess the circumstances surrounding your injury. This allows us to give you initial advice on whether you have a valid claim, especially considering the complexities of medical negligence law.

No Win, No Fee*

National Claims believes that access to justice shouldn’t be hindered by financial concerns. For this reason, we operate on a “No Win, No Fee” basis. You won’t pay any upfront legal fees. Our fees are contingent on the success of your claim, allowing you to pursue your case without undue financial burden.

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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