Where a patient has crowns and/or bridges placed, there are a number of ways in which negligent crown and bridgework may be provided. The fit of the crown or bridgework may be poor, and given that the purpose of such dental work is usually to improve the appearance of the teeth, if the outcome is cosmetically unpleasant, there may be a claim. In addition, the key purpose of this type of restorative dentistry is to maintain or improve the teeth’s function. If your function has been affected following the provision of crowns and/or bridges, then you may also have a claim.
What can go wrong when crowns or bridges are fitted negligently?
There are a number of issues that can arise when a crown or bridge is fitted negligently. You may experience the following:
- a crown doesn’t fit well
- there is decay under the crown
- you’re left unhappy with the aesthetics of a crown or bridge
- it hasn’t lasted as long as you hoped
- you’re told your teeth were ‘over-prepared’
- your bridge sometimes falls out.
How long will it take to make a claim?
As a general rule, cases concerning substandard crown or bridgework should come to a conclusion between 18-24 months after 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?
Any compensation you receive will vary depending on what injury you sustain. For example, if you require an extraction of one of your teeth resulting from substandard crown or bridgework, you will receive more compensation than if you suffer a period of pain as a result of negligence.
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 an implant and an implant retained crown, or Cognitive Behavioural Therapy as a result of a psychiatric injury sustained due to negligence. 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
£9,500
Substandard crownwork
Samantha Swaby recovered £9,500 for a Claimant who suffered dental decay and had a substandard crown fitted.
The Defendant dentist fitted a crown to the Claimant’s lower right first molar (LR6) in October 2007. The dentist later placed a filling at the Claimant’s upper right first molar (UR6) in October 2010.
In October 2013, the Claimant attended with a different dentist. He was advised that his UR6 was decayed and required extraction, and that the crown at LR6 was ill-fitting which had allowed decay to form. It was likely that the LR6 would require extraction and replacement with an implant and implant retained crown.
£10,000
Substandard crowns
Samantha Swaby acted for a client who received £10,000 for inappropriate and substandard crowns provided by her dentist. Further, the dentist had also provided an unsuitable denture, which caused the client unnecessary pain and suffering and affected her ability to eat and social embarrassment.
£4,000
Substandard bridgework
Sophie Angwin recovered £4,000 for damage sustained to a Claimant’s teeth following substandard bridgework.
In June 2014, the Claimant attended with the Defendant dentist as her Maryland bridge had fallen off. The Defendant decided that he would remake the bridge and cut retention grooves into the Claimant’s neighbouring teeth to facilitate this.
The bridge was fitted, but the Claimant was unhappy with the way it fitted. Two months later, the bridge had broken. The Claimant attended for a review with the Defendant and was advised that bits of excess cement had caused this. It was also found that the retention grooves had been cut deeply into the Claimant’s UR4 and UR6, which had exposed the dentine. The Claimant required veneers at both of these teeth to rectify this.
The substandard treatment was done 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.
Victoria Has A Reason To Smile
“I was told I’d developed severe gum disease due to years of dental neglect. I had no idea as nothing was visible and was horrified that my previous dentist had not picked this up.” Victoria underwent a year of treatment, …
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