Dental negligence or dental malpractice refers to an injury caused by a dentist that could have been avoided if the dental practitioner had not failed in their duty to provide proper care. Under the Medical Practitioners Act 2007, Medical Practitioners Act 2007 dentists are legally recognised as medical practitioners and are therefore required to perform dental procedures to a high standard.
As dentists are considered to be medical practitioners it is not possible to lodge a dental negligence claim with the Injuries Board and it is therefore necessary to contact a solicitor in order to initiate proceedings on your behalf. Cases of dental negligence in Ireland are consistently on the rise. This is most likely due to the growth in general orthodontic procedures as well as a large increase in patients undergoing cosmetic dentistry.
Typically, the Statute of Limitations gives two years to initiate a claim for personal injury or medical negligence. However, in cases of medical and dental negligence, this two-year period might expire before the patient even becomes aware that something has gone wrong. In these situations, the Statute includes an exception to the two-year rule known as the Date of Knowledge. According to this exception, the two-year limitation does not start until the patient could reasonably have become aware of the injury sustained.
In to bring a claim for dental negligence, your solicitor must obtain copies of all relevant dental records. Once these are acquired, they will be sent to a dental expert, usually in the UK, to produce a liability report. This expert will carefully review the dental records and may also need a consultation with the client before issuing the report.
This liability report is essential for any case of dental negligence as it will determine whether the client’s treating dentist was indeed negligent, serving as the first foundation of the claim.The above list highlights the most common instances of dental negligence in Ireland, but it is not comprehensive, and many other areas may also involve a dental practitioner failing in their duty of care. If you are unsure whether you have a valid claim, please contact one of our specialists today for a free consultation at Synnott Lawline Solicitors.
Cosmetic dentistry includes, but is not limited to:
Root canal treatment (RTC) or endodontic treatment is the procedure used to treat infected teeth where the tooth has died. RTC is a very invasive treatment wherein the dental practitioner will remove all dead/dying material and fill the root canals inside the tooth. Due to the invasiveness of this procedure there is plenty of scope for things to go wrong, such as:
Dental implants are metal posts which are fitted into the jawbone. These posts are used to support crowns or bridges, depending on the needs of each individual patient. Undergoing dental implant surgery can be a very painful procedure and many patients will choose to undergo a general anaesthetic in order for the procedure to be carried out.
There are many complications associated with dental implants, some of which include:
If mouth cancer is left undiagnosed by your dental practitioner it could lead to serious illness or death. It is far more likely that your dentist will diagnose mouth cancer as opposed to your doctor and they should therefore be looking for signs of mouth cancer at every check-up. If your dental practitioner fails to diagnose mouth cancer or ignores symptoms of mouth cancer then they can be held accountable in a claim for dental negligence. The signs that your dental practitioner should be looking for in order to diagnose oral cancer are:
The term restorative dentistry refers to treatment to restore teeth that have been damaged or decayed. Many cases of restorative dentistry arise from a dental practitioner’s failure to diagnose tooth decay in the first instance. The main types of restorative dentistry are fillings, crowns and bridges. Many of the problems associated with crowns and bridges have already been outlined above under the heading of cosmetic dentistry.
Fillings:
There are many different types of fillings available to patients such as:
Gum disease, also known as gingivitis, is characterised by inflammation of the gums caused by a build-up of plaque on the teeth. If this plaque is not removed, it will lead to gum inflammation and bleeding when brushing. It can also result in bad breath (halitosis). If gum disease remains untreated for a long period, it can damage the bone that supports the teeth in the jaw, a condition known as periodontal disease.
If this periodontal disease remains untreated, the gums may start to recede, causing teeth to loosen and fall out. Patients may also experience significant pain and discomfort. If a patient attends regular check-ups with their dentist and this dentist fails to diagnose gum or periodontal disease, it could have serious consequences for the patient, and the dental practitioner might be considered to have failed in their duty of care.
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