I wish to make a claim for dentist malpractice after a healthy tooth was extracted, how much compensation will I be able to receive?
You may be able to make a claim for dentist malpractice if you have been the victim of the negligence of somebody who owed you a duty of care. However the compensation you can claim for an injury from dental negligence will depend entirely upon the unique circumstances of your accident and injury and the settlement amount you may receive will be determined by a number of different factors. For this reason you are advised to seek the advice of a personal injury solicitor at the earliest opportunity following your accident and injury to establish the amount of compensation for dental negligence you may be entitled to receive. Your compensation following an accident because of dental negligence should include the following elements:-
- Your claim for dentist malpractice will begin with General Damages for the injury you have sustained, along with its severity and the long-term impact it is likely to have upon you (such as its visibility). This figure will then be adjusted to consider your age, gender and general state of health prior to your accident – meaning a young woman who takes good care of her teeth could receive more compensation for an injury from dental negligence than an older person with a history of tooth decay.
- Your compensation for dental negligence will then consider special damages, which aim to return your financial situation to as though your accident never occurred. This is done by providing compensation for your expenses – such as further dental treatment which may have been required – as well as any lost income you may have sustained because of time taken off work because of pain or additional treatment following your accident because of dental negligence.
- A claim for dentist malpractice could also consider the impact that your injury has had upon your quality of life. This could consider – for example – your inability to perform everyday tasks on account of the pain caused by your injury or because of social or leisure activities you can no longer partake in due to your injury from dental negligence, either because of discomfort or your self-consciousness.
- Psychological trauma can also be included in your compensation for dental negligence if it can be verified by a qualified psychiatrist. This could have occurred due to the nature of your accident because of dental negligence or as a result of stress and anxiety in the aftermath of your injury.
It should be noted that you may receive an offer of compensation for dental negligence from the insurance company of the dentist in question. However you should be wary of such offers as they rarely reflect the true value of your injury from dental negligence and you could be undercompensated. If such an offer is accepted which later transpires to be insufficient to cover your needs following your accident because of dental negligence, you will be unable to renegotiate with the insurance company at a later stage. For this reason, an offer to settle a claim for dentist malpractice should not be accepted or rejected until you have first contacted a personal injury solicitor.
