Family Law AssociationThe Law Society of Scotland
Glasgow 0141 375 1222

About Jones Whyte Law

4 minutes reading time (898 words)

Are You Happy With Your Pearly Whites?

As one of the most common  features that people can be self-conscious about, our teeth are quite rightly afforded a great deal of care attention.

Some of us can spend our waking moments and final thoughts on their careful maintenance each and every day. It is unsurprising that instead of offering only short, biannual check-ups, almost all dentists provide clients with year-round packages to care for their  dental health/hygiene/smile.  

However, despite the fact that dentists are among the most trusted of all medical professions, we can’t always trust that the treatment they provide will go as smoothly as we might expect. Small mistakes can often carry serious consequences for those who entrust their teeth into their dentist’s care. Clients who find themselves in this unfortunate position can, in severe cases, experience debilitating pain, unnecessary stress and costly damage.

For many people, even those who consider care of their teeth paramount, appointments at the dentist can be a worrying prospect and can often induce anxiety and off-putting nervousness. Couple this with the knowledge that they may suffer lasting harm from their visit to the dentist, and people are often left in a stressful predicament.

However, this need not ever be the case - a certain degree of peace of mind is in fact regularly achievable.

If any harm you sustained while placing trust in your dentist can be clearly and sufficiently attributed to their negligent actions, then you may be able to rely on the law to receive the justice you deserve. Years of legal development have progressed to allow those who suffer pain and loss to recover compensation to help them return to the position they were in before any wrongful treatment ever occurred. The knowledge that this avenue of redress will almost always be an option to consider, can help significantly negate the fear of the small chance of the harm ever happening.

However, while this can be a real possibility for patients, the idea of claiming for compensation in respect of dental negligence is often the last thing on peoples’ mind. The process is complex, and the arguments are entrenched in difficult legal principles. This can lead to those harmed becoming confused and suffering unnecessary further stress as a result.

At times like these, people who have suffered at the hands of their negligent dentist need a guiding hand. Our team at Jones Whyte are able to offer carefully considered advice whatever the circumstances. 

What Sort of Harm is Commonly Claimed For?

The dynamic nature of our own individual teeth often means that when negligent treatment is provided, the harm is specific to us. However, there are certain circumstances which are more commonly seen to carry harmful consequences than others.

Dentists owe their clients a duty of care and so by failing to take necessary steps to ensure this,  they can rightfully see themselves having to accept responsibility for the consequences. This is most commonly apparent in instances where a client has presented themselves with certain symptoms and the dentist misdiagnosed their condition. This then leads to the wrong kind of treatment and unsurprisingly ends with the client seeing their problems unnecessarily worsen.

Problems where nerves are damaged through improper tooth extraction and subsequent infection are equally common.

Despite these common negligent acts what constitutes a negligently caused injury is undefinable – seeking urgent legal advice is therefore vital in ensuring you know Where you stand.

What Sort of Things Will be Considered in Calculating My Loss?

Generally, the central factor in determining what degree of compensation you may be owed as a result of negligent treatment will be the actual physical harm itself. This includes both the suffering you sustained and the cost to have this remedied. However, various other factors can be taken into account. For instance, if your injuries were to such a severe extent that you were forced to miss work, then your loss of earnings as a result will also be considered.

Our team strives to ensure that all of the suffering and inconvenience you sustain as a result of negligent action is covered and recognised by those who fail in their duty of care.

When do I Need to Make a Claim by?

In most cases, the harm sustained as a result of negligent treatment is usually recognised instantly. However, certain symptoms of wrongfully inflicted harm can at times hold long intervening periods between being caused and actually appearing. This can then lead to suffering parties finding themselves at a loss as to what caused their injury.

The law generally places a time bar of 3 years after knowledge of the negligently caused injury ,or three years after they ought to have known. After such a time, there may be no way of pursuing for compensation you would otherwise be owed.

Therefore, if you believe your symptoms to have been caused by dental negligence,it is imperative that legal guidance is sought without delay to ensure your position is protected.

What Next?

If you believe you have suffered due to your dentist’s professional negligence, then our team of medical injury lawyers at Jones Whyte offer you the chance for legal redress while ensuring peace of mind is maintained throughout. The process is often difficult, complex and founded upon challenging arguments, yet we strive to keep stress and unnecessary inconvenience at a minimum.

Contact us today to find out more.  

The summer of love-why you should really have a pr...
Property: When is the best time to sell your home?

Take the First Step Now: Get Legal Advice

Invalid Input
Invalid Input
Invalid Input
Where did you hear about us?
Invalid Input

Invalid Input

Invalid Input

Invalid Input