A dentist negligence claim can be made in Ireland whenever a dentist has committed a mistake or has performed substandard dental work which has resulted in a patient being harmed or has caused an injury.
Unlike many medical mistakes which can be corrected by further surgery, a mistake make by a dentist is more likely to result in a permanent loss to a patient. An extracted healthy tooth cannot be put back in place, and the costs of restorative dental work can be exceptionally high. A dentist negligence claim for compensation is often necessary to repair any damages which has been caused by an incompetent dentist.
If you have received a poor standard of dental treatment or have been injured when undergoing dental work, you should seek the advice of a medical negligence solicitor with experience in making dental negligence claims.
Are You Eligible to Make a Dentist Negligence Claim?
A dentist negligence claim for compensation can be made in Ireland provided that an injury has been sustained during treatment by a dentist, which could have been avoided had better care been taken. A dentist negligence claim is also possible for an omission which has occurred, if it can be proven ‘on the balance of probabilities’ that a competent dentist would have taken action to avoid any harm coming to a patient. Even substandard dental work can form the basis of a dentist negligence claim for compensation in Ireland.
As with all medical negligence claims in Ireland, a dentist negligence claim must be substantiated by professional opinion. A dentist negligence claim will require the services of a medical negligence solicitor, who will arrange for a patient to have any injuries examined and for expert testimony to be provided to help substantiate a dentist negligence claim for damages.
Dentist Negligence Claim Examples
A dentist negligence claim can be made in a number of different situations, as long as harm has come to a patient which could have been avoided had better care been taken. However, not all dental injuries will result in a successful dentist negligence claim. If an injury has been sustained which could have been avoided, but the accident itself was not preventable, it is unlikely that a dentist negligence claim will be successful.
Listed below are some of the more frequent reasons why a dentist negligence claim is made in Ireland. The list is not comprehensive, so if you have sustained an injury which you believe was caused by the negligence of a dentist or dental nurse and it is not listed below, please call our dentist negligence claims helpline for an assessment of your dentist negligence claim.
- Injuries sustained during routine dental procedures
- Removal or loss of healthy teeth
- Errors made when administering an anaesthetic
- Dental procedures performed incorrectly
- Unnecessary dental procedures recommended and performed
- A lack of care during a dental procedure
- Misdiagnosis of dental problems
- Infections contracted due to dirty equipment
- A misdiagnosis or failure to identify oral cancers
- Fractured bones, sinus perforation and severed nerves during treatment
- Unnecessary delays in dental treatment
- Substandard dental work
Time Scale for Making a Dentist Negligence Claim in Ireland
A dentist negligence claim in Ireland is governed by the Statute of Limitations, which places a time limit on initiating a claim for compensation. Claims for dentist negligence compensation must be made within two years of the ‘Date of Knowledge’ of an injury. In a dentist negligence claim, this is frequently within a few days of a treatment being performed, although this may not necessarily always be the case. A failure to diagnose a dental problem may not be discovered until sometime after a check up. It is for this reason that in Ireland, it is the date of knowledge which dictates the start of the claim period for making a dentist negligence claim, and not the date that a treatment was performed or when an injury was sustained.
In the case of a dentist negligence claim for a child, the claim can be commenced at any point up until the child’s eighteenth birthday by a parent, legal guardian or other responsible adult acting as a ‘next friend’. The statute of limitations dictates that the two year claim period will commence from the child’s eighteenth birthday; which is when the child can personally make a dental negligence claim for compensation under Irish claims law. Delaying a dentist negligence claim until a child turns 18 is never recommended, as proving dentist negligence becomes more difficult with time.
Free Dentist Negligence Claim Advice
Many victims of dentist negligence are unsure whether they have a valid claim for compensation in Ireland. In order to find out if you are eligible to make a dentist negligence claim, call our legal claims advice helpline today.
Your call will be answered by one of our specialist dentist negligence solicitors, and you will be able to get answers to all your questions, as well as being able to find out if you are eligible to make a dentist negligence claim for compensation in Ireland.
Call today or request a call back at a more convenient time by completing our contact form below.