Making Medical and Dental Negligence Claims

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Medical negligence claims encompass a wide range of different ailments, and dental negligence solicitors also have a great deal of cases to deal with. The Dental Defence Union (DDU) has reported a surge in claims that are exceeding £10,000, reflecting the increasing numbers of implants or cosmetic treatments that are viewed as unsatisfactory. 

What is defined as medical negligence? 

The medical negligence claim process involves being able to prove the presence of neglect. This can generally be judged on something that is known as the 4 D’s of medical malpractice. These guidelines are: 

  • Duty

During their training, all junior doctors are made aware of the duty of care that they must provide for their patients. 

  • Derelict

The official term for when a medical professional is considered to have broken this duty of care is dereliction. 

  • Direct Cause

In order for a medical malpractice claim to be filed, you must be able to prove that it was the direct fault of a medical professional. 

  • Damages 

The medical negligence payout that you could earn will be calculated based on the physical injury and the psychological injury, as well as any medical or travel expenses. 

If your dental treatment falls into the category of negligence, then you can likely make a medical negligence claim

Some other common medical negligence claims include: 

  • Surgery negligence claims 
  • Wrongful amputation claims 
  • Care home and nursing home negligence claims 
  • Dental negligence claims 
  • Cosmetic surgery negligence claims 
  • A&E negligence claims 
  • Pregnancy and birth negligence claims 
  • Gynaecological negligence claims 

This is not a definitive list, and a medical negligence payout can be achieved whenever an unpleasant scenario fulfils the definition of medical negligence.  

How much medical compensation could I receive? 

During the medical negligence claim process, there are a number of different factors that will have an impact on the overall amount that you could receive. You will need to be able to prove that your dental injury or condition is worse than it would have been if you had been the victim of medical negligence. Additionally, things that will have to be considered will be: 

  • Any travel expenses that have been accumulated while you were in the process of receiving medical treatment. 
  • Whether your condition will prevent or may already have prevented you from working and will therefore result in an overall loss of earnings. 
  • Any cost of extra care you may need to receive. 

There are specific time limits on when you can make a medical negligence claim, so it is always best to make the claim as quickly as possible. The time limit on entering the claims process is within three years of when the incident occurred. You must be able to prove that the injuries or illness are directly due to a medical professional’s mistake. 

Taking the first steps towards making a medical negligence claim can seem daunting, but in fact it can be straightforward if you receive the right legal support. The right medical negligence solicitor will know how best to arrange your evidence and construct the best possible case. Whether your claim is against a private institution or against the NHS, it is always beneficial the have the best possible legal support on your side.