Cosmetic Dentistry Claims – Dental Malpractice
Dental malpractice is on the rise in Scotland and as the dental industry continues to see steady growth it can be expected that accidents and human errors will occur. Approximately 92% (4.9 million) of all Scottish residents are signed up with an NHS dentist according to the Information Services Division Publication Summary 2016 and this explosive growth can be attributed to an increase in cosmetic dentistry across the country.
You are eligible to receive compensation if you have experienced an injury because of dental malpractice and your dentist has a responsibility to his patients to act in a manner that is forthcoming with his professional status.
Cosmetic surgeries have gained in popularity partly because of new more efficient procedures. It is still possible to experience adverse side effect due to human error even while using these new procedures. There is no way to completely eliminate the risks of cosmetic dental surgery and your dentist is required to do investigative testing prior to committing to any particular surgical procedure.
The Blurred Line Between Necessary and Cosmetic Dentistry
There is no legal precedent to determine what can be considered cosmetic dentistry and what is considered required dental procedures. In many instances, the process can involve a combination of both types of treatments. This is usually a decision made by a dental professional based off of your dental history and the individual circumstances of your dental health scenario.
The real determining factor between cosmetic and required dental procedure is the purpose of the dental surgery. Cosmetic surgery can include straitening teeth and whitening procedures. These both can be considered cosmetic dental procedures when they are down for the purpose of improving appearance. The Office of Fair Trading (OFT) leaves this distinction decision to your dentist.
The Causes of Dental Malpractice
Dental malpractice can cover a broad scope of unprofessional acts committed by your dentist including misdiagnosis and the usage of inadequate dental techniques. Patients have a legal right to be treated in a professional manner and when a dentist fails to meet his medical responsibility it is considered negligent behavior. Below are the most common causes of dental malpractice.
Misdiagnosis
When you dentist fails to properly identify your problem it can result in the administering of the incorrect treatment programs. This can result in further injury and less time to apply the correct treatment. This includes cases when more extensive dental work is required but instead only a cosmetic procedure is performed to hide the underlying problem.
Inadequate Dental Technique
It is of the utmost importance that your dentist provides you with the correct technique for any procedure you are undergoing. A failure to do this can result in adverse side effects and further injury including infection resulting in excruciating pain. Poor dental technique can worsen a dental situation for the patient involved and result in the need for further dental procedures to need to be performed to correct the damage. Below are common dental techniques that can have adverse side effects when poor dental techniques are used.
- Crowns
- Braces
- Veneers
- Whitening
- Gum Procedures
How Long Do I Have to Lodge My Claim?
You have three years from the date of your injury to lodge your dental malpractice claim. You will have better access to supportive evidence if you don’t hesitate to lodge your claim and Claim Solutions Scotland Ltd can guide you through the entire claims process.
Start The Claims
Contact us to speak directly with a claim specialist who can help you to determine the maximum compensation level you are eligible to receive for your injuries. We are confident in our abilities to help and we will waive 100% of our fees if you are not awarded compensation for your injuries.