A root canal gone wrong can be a painful and distressing experience, but if your suffering resulted from dental negligence, you might be eligible for compensation in the UK. This comprehensive guide will delve into the intricacies of root canal complications, negligence claims, and your legal rights. We will also highlight how you can start a medical negligence claim.
Understanding Root Canals and Their Complications
Root canals are common procedures designed to save severely infected or damaged teeth. While generally safe and effective, complications can arise. These include:
- Nerve damage: Accidental nerve injury can cause numbness, tingling, or pain in the lips, chin, or tongue.
- Instrument breakage: Files or other tools can break inside the tooth, requiring further treatment or extraction.
- Perforation: A hole in the tooth root can lead to infection and further complications.
- Incomplete treatment: Failure to remove all infected tissue can result in persistent infection and pain.
- Infection: Post-treatment infection can necessitate additional procedures or extraction.
Recognising Dental Negligence
Not all complications are the result of negligence. However, if your dentist deviated from the accepted standard of care, and this directly caused your injury or worsened your condition, you may have a valid claim. Examples of negligence include:
- Failure to diagnose and treat infection promptly.
- Incorrect use of instruments or techniques.
- Failure to obtain informed consent before the procedure.
- Inadequate post-operative care or instructions.
Legal Basis for Compensation Claims in the UK
In the UK, compensation claims for dental negligence fall under the domain of personal injury law. To succeed in your claim, you must establish the following:
- Duty of care: Your dentist owed you a duty to provide competent dental care.
- Breach of duty: Your dentist’s actions or inactions fell below the accepted standard of care.
- Causation: The breach of duty directly caused your injury or worsened your existing condition.
- Damages: You suffered quantifiable harm, such as pain, suffering, additional treatment costs, or loss of earnings.
Steps to Take if You Suspect Negligence
If you believe your root canal complications stem from dental negligence, take the following steps:
- Seek medical attention: Address any ongoing pain or complications promptly.
- Gather evidence: Collect all relevant medical records, x-rays, and receipts for treatment.
- Consult a solicitor specialising in dental negligence: They can assess your case, advise you on your options, and guide you through the claims process.
- File a complaint: If you wish, you can lodge a complaint with the dental practice or the General Dental Council (GDC).
Calculating Compensation
The amount of compensation you may be entitled to depends on various factors, including:
- The severity of your injury or condition.
- The impact on your quality of life.
- The cost of past and future medical treatment.
- Loss of earnings due to time off work.
- Pain and suffering.
Your solicitor can help you calculate a reasonable amount based on your specific circumstances and relevant legal precedents.
Time Limits for Making a Claim
In the UK, there is generally a three-year time limit for filing a dental negligence claim. This typically starts from the date of the incident or the date you became aware of the negligence. It’s crucial to act promptly to avoid missing the deadline.
Alternative Dispute Resolution
Before resorting to court, you may explore alternative dispute resolution (ADR) methods, such as mediation or negotiation. ADR can be a faster, less stressful, and more cost-effective way to resolve your claim.
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.
Contact us today to speak to one of our claims agents who will be able to help you get started on your claim.
Click below to see why we are one of the most trusted claims management companies in the UK.
We’re proud of our excellent customer reviews
We thrive on delivering exceptional service and ensuring our clients’ satisfaction. Don’t just take our word for it. Check out some of our independent reviews to see what our clients have to say.
Excellent
This firm is excellent, they sorted out my car pay out and injury claim very fast, they always communicate with you all the time.
My accident case was dealt with confidence and with great result of the outcome, especially James kept me informed all the time.
I was very impressed at the way my inquiry was treated. I was listened to attentively and everything I needed to know was explained to me.
