If diagnosed early enough, tooth decay can be treated with a simple filling. However if your dentist fails to diagnose tooth decay, there can be much more serious consequences. It is therefore of the upmost importance that your dentist monitors the health of your teeth by performing thorough examinations and taking regular x-rays.
Dentists should also provide regular and reinforced oral hygiene and dietary advice, and consider the application of fluoride solution or the provision of fluorite toothpaste if clinically necessary.
Unfortunately, the Dental Negligence Team sees many claims for the failure to diagnose and treat decay, which has often had serious ramifications for the patient. In many cases the patient regularly visits their dentist, and has done for several years, but decay is only discovered upon seeing a new dentist at the practice or because they have changed practice.
“They approached the matter by providing me with the services of dental experts who assessed my case, and provided evidence which ultimately was presented to my dentist’s insurers. In due course, they conceded the claim and I received damages which allowed me to have the dental problems treated. I found them to be very competent and the service was excellent, particularly from Samantha Swaby, who kept me fully informed every step of the way.”
David Ian Sydenham on TrustPilot
How long will it take to make a claim?
As a general rule, cases should conclude between 12-18 months from the first time you contact us. However, each case is different and this may vary dependent on the facts.
How much compensation might you receive? How is it calculated?
The compensation you may receive will vary depending on what injury you sustain. For example, if you lose a tooth as a result of the failure to diagnose tooth decay, you will receive more than if you require fillings.
Compensation received following a successful claim for dental negligence will be comprised of:
- an award for pain and suffering – this will compensate you for any pain you have endured, and also things like inconvenience, social effects (such as embarrassment) and any changes in your eating or sleeping habits
- an award for future treatment costs – for example, if you require fillings or extractions. We will also take into account the future maintenance costs for any treatment you may require, including future specialist appointments.
- past loss – this may include past prescription costs, travel or dental treatment. For instance, if you had to repeatedly to travel to a specialist appointment as a result of dental negligence, the cost of this will likely be recoverable.
Recent cases
£5,000
Failure to diagnose decay
Samantha Swaby acted for a Claimant who received £5,000 as a result of the failure of his dentist to monitor tooth decay.
He had been a registered patient with the same dental practice since 2003, at which time he was 13 years old. He attended regularly and was told that his oral hygiene was good. No treatment was carried out, except one filling to his upper right first molar (UR6) in March 2012.
In November 2012, the Claimant attended an appointment with a different dentist, and was told that he required fillings to five teeth. These fillings were invasive, as the decay could have been diagnosed much earlier and had progressively worsened.
£7,500
Failure to diagnose and treat decay
The Dental Negligence Team acted for a Claimant who received £7,500 for the failure to diagnose dental decay.
The Claimant had been a patient of the same dental practice since she was 3 years old. She was a regular attender and had never required invasive dental treatment. In May 2013 (at which point the Claimant was 27 years old), she attended an appointment with a different dentist and was advised that she required fillings in seven teeth. The Claimant went back to the Defendant for these fillings. In October 2015, she attended with a third dentist and was told that she required another four fillings.
It was claimed that the Defendant had failed to monitor the decay during examinations, take regular x-rays and provide appropriate advice, meaning that the decay had worsened overtime.
£14,750
Failure to diagnose decay and the provision of substandard root canal treatment
Samantha Swaby acted for a Claimant who received £14,750 for the failure to diagnose decay on four teeth and for substandard root canal treatment between 2006 and 2013.
The Claimant had been a patient of the same practice since 2006. She attended regularly for six-monthly check-ups. During that time, the Defendant carried out root canal treatment to the Claimant’s upper right first premolar (UR4).
In June 2014, the Claimant attended an appointment with a new dentist. They undertook a comprehensive examination and took x-rays, which showed that three of the Claimant’s teeth had decayed and that the root canal treatment to the Claimant’s UR4 had been substandard. The Claimant was told that these four teeth required extraction.
The substandard care was handled by a dentist who has since retired. Can you sue a retired dentist?
You can sue a retired dentist, as long as your claim is not statute barred.
By law, all dentists must be registered with the General Dental Council (GDC), and must have appropriate indemnity and insurance arrangements in place; this allows patients to seek any compensation they may be entitled to.
Therefore, even after a dentist retires they will still be responsible for the treatment which was carried out when they were practising as a dentist.
How long do you have to make a claim?
You have three years to bring a claim of dental negligence, from the date of negligence or knowledge of it, under the laws concerning ‘limitation’ in England and Wales. These laws state that a Claimant must issue court proceedings within this time period, or else their claim would be statute barred.
Generally, we would advise you to contact us at least 6 months before the limitation period in your case is due to end. However, this can be reviewed on a case by case basis; if you believe that your limitation period may expire soon, we encourage you to contact us as soon as possible.
What are the Dental Negligence Team’s qualifications?
Our specialist team of dental negligence solicitors have been winning cases for clients for over a decade.
- Experienced in every aspect of cases concerning failure to diagnose decay – If your dentist has failed to diagnose decay and you have suffered adversely as a result, leading to costly and invasive remedial treatment, we will know how to manage your claim. Our dental negligence solicitors and team have the necessary knowledge, experience and expertise to help.
- Specialist advice for your negligence case – You want to know that you are getting the very best service that takes your needs into account. We have a national reputation for our work and represent clients from across the UK in dental negligence claims. We work closely with our dental experts who are also leading Consultants within their field, and will ensure that the best experts are working with us, for you, from start to finish.
- An understanding approach – It’s not just an inconvenience to be the victim of substandard dental treatment, it can affect your life in a number of ways. We understand the impact that substandard dentistry can have, and our dental negligence solicitors and team will do all they can do help you get your life back on track.
