The Increasing Compensation Claims against Dentists
In recent years, we have seen an increase in the number of claims and lawsuits against dentists and other cosmetic surgeons. The reason is simple. There is a lot that can go wrong with cosmetic beauty procedures like dentistry. The effects are sometimes permanent making it difficult and costly to reverse them.
People who are unhappy with the results of their dental procedure can sue the dentist to get compensation. The compensation you can get depends on various factors. However, one report suggested that compensations exceeding £100,000 (~AUD $181,500) has more than quadrupled in the last few years.
Circumstances to Make a Dental Claim
Some of the most common dental claims are related to the use of dental implants. If the dentist does not insert them skillfully or the correct type of implant is not used it can cause problems for the patient.
For example when a mini implant is not fitted correctly, they may continuously fall out and even damage the gum and bone in the mouth. If the jaw bones or gum are damaged, the patient may not be able to get any other implants inserted and may be left with the only options of a denture or no teeth at all.
Apart from cosmetic implants, patients can also develop other complications due to inexperienced dental practices. Removal of teeth is common in elderly people. But if the dentist does not remove the tooth correctly and damages the patient’s jaw or gums, the patient may suffer intensive bleeding which can cause other health problems.
Types of Compensation for Dental Claims
Incorrect dental procedures can have serious consequences for patients. The injured patient may be entitled to compensation in the following cases.
- Injury caused due to the dental procedure
- Expenses incurred by the patient for injury treatment
- Pain and suffering to the patient because of the injury
- Compensation for lost earnings as time is taken off work
- Any past, present or future medical expenses required due to the incorrect procedure
Filing a Claim for Personal Dental Injury
Each case is different and you would do well to consult a lawyer before lodging a claim against your dentist for damages. Many legal firms offer a free first consultation to understand your case.
You can also get Law Advice no-win no-fee lawyers who will look at your case and determine your chances of success in court. If you lose the lawsuit in this case, you don’t have to pay your legal counsel anything. This is probably the most risk free method where you have nothing to lose.
Estimating the Total Claim Value
A large number of compensation lawsuits are settled outside court. A few of them are also settled in court where the judge may rule in your favor and order the defendant to pay the compensation amount.
In order to increase your chances of getting compensated one way or another, you will need to come up with a reasonable estimate of fair compensation. An amount that is too high may be seen as unreasonable and be detrimental to your case. An amount that is too low may not get you the full compensation that you deserve.
Your legal team can guide you best about how much to ask, based on your circumstances.