Suffering unnecessary pain at the hands of a dental practitioner can be a traumatic experience. This is especially true when coupled with the fact that many people are already anxious about visiting their dentist. Dentists, orthodontists, dental hygienists and other practitioners have a responsibility to deliver the highest standards of care, and when they fail to meet these standards, the consequences can be devastating for patients.

Dentists must take steps to reduce the risk of patients acquiring infections while in their care. The potential consequences of an infection - including toothache, abscesses, ulcers, and even the loss of teeth - can be extremely painful. A failure in dental care can also affect your confidence in your appearance or have even more severe outcomes.

In these cases, patients may be entitled to make a claim for dental infection compensation. If you received substandard care from a dentist that led to an infection, it’s important to take action. By bringing a claim, you can highlight the failings of the person responsible and help to make sure that other people don’t suffer in the same way as you in the future. Meanwhile, compensation can cover the costs of any corrective treatment you may need, and recover any loss of earnings if you had to take time off work during your recovery.

To learn more about making a claim and get the process started, speak with the dental negligence solicitors at Switalskis today.

Dental professionals have a responsibility to minimise the risk of infection. This means using equipment that has been sterilised properly, keeping work surfaces clean, performing surgery and treatment to a high standard and providing appropriate aftercare instructions to help patients heal correctly.

A failure in any of these responsibilities could lead to infections and conditions including:

• Dental abscess: an untreated cavity or a poorly performed dental procedure can lead to a dental abscess, a painful and unpleasant condition caused by bacterial infection.
• Periodontal infection: poorly executed dental procedures may worsen existing gum issues, and make periodontal disease worse.
• Dry sockets: improper aftercare following a tooth extraction can lead to dry socket, a very painful condition where the blood clot that aids in healing does not develop, or it becomes dislodged or dissolves.
• Endodontic flare-ups: poorly performed root canal treatments may lead to acute flare-ups and infections within the treated tooth.
• Bacterial endocarditis: in extreme cases, especially for patients with pre-existing heart conditions, dental procedures can sometimes lead to bacterial endocarditis, an infection of the heart's inner lining.
• Cross-contamination infections: if dental instruments aren't properly sterilised, there's a risk of transmitting infections between patients during procedures. Use of contaminated dental instruments or appliances may also lead to fungal infections like oral candidiasis (oral thrush).
• Osteomyelitis: in severe cases, a dental infection can spread to the surrounding bone, resulting in osteomyelitis.

If you have experienced any of the above after treatment by a dental practitioner, you may have been the victim of dental negligence. However, these are not the only examples. If you feel that you may have been subject to negligence by your dentist, get in touch with Switalskis. We’ll be able to discuss your situation and let you know whether your treatment amounts to negligence. From there, we can discuss the possibility of claiming compensation and get the process started for you.

In most cases, you have three years from the date that you experienced dental negligence to start a compensation claim. Sometimes, this three-year limitation period begins instead from the date that you realised that your infection was the result of dental negligence. There are occasional exceptions to this time limit, particularly for cases where the following factors play a role:

• Children: if the person who suffered the negligence was under 18 at the time, the three-year period doesn’t start until their 18th birthday. This means they have until they turn 21 to start legal proceedings.
• Mental capacity: if the person who suffered the negligence lacks mental capacity to make their own decisions, there may be no time limit to make a claim on their behalf.
• Fatal cases: if you’re claiming on behalf of a deceased family member who dies due to complications arising from a dental infection, the claim must be made within three years of the date of death, or the date of knowledge that negligent treatment caused their death.

The court may grant further exceptions to the three-year limitation period, but only in extremely rare circumstances. If you are unsure about your eligibility to make a claim, then get in touch with Switalskis today to discuss your options.

Compensation is broken down into two types of damages:

General damages account for the experiences you went through as a result of your infection, and will usually include compensation for:

• Pain and suffering: any physical and emotional pain endured.
• Emotional distress: the psychological impact of the incident
• Loss of amenity: if you are no longer able to enjoy life in the same way you did before the infection, or are no longer able to participate in activities you used to enjoy.

Special damages compensate victims of negligence for any financial losses they experienced, or will experience in the future, due to the infection. This often includes:

• Medical expenses: the costs of treating the infection, any subsequent procedures needed to correct the negligence, medications and other potential expenses. This could even include the cost of therapy sessions if the incident had a significant psychological impact on you.
• Loss of earnings: if the infection has caused you to take time off work, you may be compensated for lost income. This may include future earnings if you’re no longer able to do the same job due to the negligence.
• Future treatment: the cost of future medical and dental procedures that might be needed; for example, if there are long-lasting symptoms following the illness.
• Transportation: any money you spent on transport to and from appointments with doctors or dentists due to your condition.

There are many different factors that might need to be considered when calculating how much compensation you’re owed. This is just one reason why it’s so important to choose the right solicitor to represent you through this process. The team at Switalskis know the right questions to ask and will always negotiate steadfastly on your behalf to make sure you receive the maximum amount of compensation to which you’re entitled.