Dental Negligence Claims
Dental negligence is a type of clinical negligence for which compensation can be claimed when negligent dental treatment results in personal injury.
The majority of dentists are very successful in helping their patients to achieve good oral health. Unfortunately this is not the case for every patient and each year thousands of people suffer the effects of dental negligence. The recent news of dental personal injuries is surely concerning for everyone.
The General Dental Council (“GDC”) regulates dental professionals in the UK and works to protect patients and promote confidence in the dental profession. All dental patients are entitled to high standards of professional and personal behaviour from those providing their care.
As part of their duty to protect the public the GDC have always had the power to take action by either removing or restricting a dental professional’s registration on the Dental Professionals’ Register. These powers are implemented by the Government in relation to conduct or performance that falls short of the high standards expected by the profession.
However, the GDC have worked closely with the Government in the last few years to enable them to extend their previously existing powers in order to strengthen their role in protecting patients and promoting high standards of dentistry.
In essence, the changes have enabled the GDC to register and regulate not only dentists but other members of a dental team including dental nurses, technicians and orthodontic therapists. This broadens the level of protection offered to patients. The GDC has also reformed its complaints procedure to ensure that the process of making a complaint is easier for a patient wanting to complain about poor performance. This further aims to protect a patient’s interests.
The GDC have also made it compulsory for all dentists to keep their skills and knowledge up to date throughout their careers by completing a complusory number of hours of Continuing Professional Development.
In addition, any dental professionals who become the subject of disciplinary investigation and who are not removed from the Register, are obliged to regularly show their fitness to practise to the GDC.
Clearly these changes are of great benefit to patients generally in safeguarding the care they receive. However, it is not the role of the GDC to order refunds to patients or award compensation. It is the role of a specialised clinical negligence solicitor to bring a civil claim to seek to recompense the patient for any injury or loss flowing from the negligent acts or omissions of a dental practitioner.
In order to establish a claim, Independent expert evidence will be required to show that the treatment given was substandard and also to show that the injury was caused by this negligent treatment as opposed to it simply being the result of the poor condition of the patient’s teeth. There are often difficulties in proving this causation aspect of dental negligence claims. Dental negligence claims also rarely exceed £10,000 as most negligent dental treatment can be remedied and so the period of pain and suffering by the patient is generally short-lived.
If the potential Defendant is likely to be the subject of disciplinary investigation by the GDC it is prudent to await the outcome of those proceedings before proceeding with a civil claim. If the GDC’s findings support the allegations made, this information can be utilised to apply pressure on the practitioner’s insurers to admit liability. Although the findings of the GDC are not definitive of the success of a civil claim, the evidence will certainly be of assistance.
Published 26/04/2007.
