Dental Negligence Claims Scotland
It is indisputable that there are more compensation cases for dental negligence today than ever before in history, whether it is due to the decaying services of the UK's National Health Service (NHS) or because of a greater awareness of the benefits of dental surgery.
If you were the victim of dental negligence, what would you do if you were on the receiving end of a particularly nasty piece of oral surgery?
Dental Negligence Solicitor
Even though some experts will tell you that establishing negligence in dental surgery is easier than in other areas of medical negligence. However, dental surgery is still a very technical area of personal injury law.
A dental negligence solicitor should be at the top of your list of priorities after a dental procedure goes wrong. The solicitor would then be able to let you know if you have a valid claim against the dentist!
Should you not be able to afford a lawyer, don't worry since many no win no fee dental negligence lawyers today are more than willing to work for you.
No win no fee basically means that, if you lose, your solicitor will not be paid, and if you win, your opponent will pay them.
Establishing Who To Sue
You'll need to determine who you're going to sue when you meet with your dental negligence solicitor. We have both public and private dental systems in the UK, with many dentists practicing both. To be able to file a dental negligence claim, you must prove that you were a patient of the dentist under the NHS system, or as a private patient.
It is highly likely that if you saw the dentist as a private patient, you would not be suing the dentist for compensation, but rather the dentist's insurance company! As for suing the dentist for negligent compensation if you were visiting the dentist under the NHS system, you would do so against the NHS itself and not the dentist.
Standard Of Care
In dentistry, general wisdom holds that if something goes wrong, it is usually due to errors on the practitioner's part. However, just as with any personal injury claim in the UK, you must establish that the dentist did not perform his duties with due diligence.
For this reason, a dentist can be found negligent if they failed to meet the professional standards set by the British Dental Association and/or Dental Practice Board.
It's Your Right - Claim It!
Dentists may feel that filing a claim for dental negligence compensation is a little trite - after all, it isn't the end of the world. Remember two things, however:
Whether the dentist removed your tooth by mistake or gave you a filling you did not need, a tooth pulled by an adult will not grow back and is gone forever!
Dentistry is not only about removing teeth, it includes root-canals, gum treatment, and other complex dental procedures. Procedures like these can be extremely expensive and painful.
In addition, if you don't retain a dental negligence solicitor and take action against a negligent dentist for dental negligence compensation, then the next person to sit in that dentist's chair may have the same experience as you did!
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