My gum was badly ripped when I last visited the dentist and wanted to know if I could make a dental negligence claim for compensation against her?
You may be able to make a dental negligence claim if the injury you sustained was the result of your dentist’s negligence. However, proving that your dentist had acted in a negligent manner is a complex task and you should be aware that the law will only provide the injured party compensation if it can be demonstrated “on the balance of probability” that the treatment was performed in a negligent manner by the dental professional involved leading to or contributing to the injury.
Your dental history and records are an important aspect when assessing your dental negligence claim. Your claim may, in fact, be significantly affected if you have a previous history of similar dental problems. Similarly, if it can be found that you have exacerbated your injury, the overall value of your claim may be reduced to reflect your own lack of care.
It should be noted that a dental negligence claim will fall under the umbrella of “medical negligence claims” which are known to be more complicated than other types of personal injury law. Because of this, the Injuries Board Ireland will refuse to authorise any assessment application for dental negligence compensation claims. You would be well advised, therefore, to seek the assistance of a solicitor who would be in a good position to evaluate your claim and determine its validity.
The amount of compensation for your dental negligence claim depends on a number of elements, pain and suffering notwithstanding, and should include factors of “loss of amenity” (how your injury has affected your quality of life) and the possible recovery of any financial expenses you have incurred that are attributable to your dental injury. In order to fully comprehend the complexities of claims for dental negligence compensation, you should speak to your solicitor regarding the circumstances of your case at the first possible opportunity.