Flaws in Ireland’s dental care system have left many patients struggling to access even basic treatment. According to the Irish Dental Association (IDA), by early 2024, one in six patients had to wait more than three months for a routine check-up. This is a direct result of inadequate government funding, which has driven an increasing dependence on private insurance for care. For many, the long wait for dental services is already a significant barrier to proper health.
But even when patients do manage to secure appointments, the risk of receiving negligent care is a real concern. From misdiagnosed conditions to botched procedures, dental negligence can lead to unnecessary pain, long-term complications, and additional treatment costs. If you've received substandard dental care that resulted in harm, Michael Boylan Litigation can help you pursue compensation. Please contact either of our senior partners today to discuss your case.
What Is Dental Negligence?
Dental negligence happens when a dentist or dental professional doesn’t meet the expected standard of care, leading to harm or injury. This can include misdiagnosing a condition, providing improper treatment, or making mistakes during procedures. When this negligence causes physical, emotional, or financial damage to the patient, it may be grounds for a claim.
Some laws and guidelines in Ireland regulate dental practice and impose a duty of care on dentists and other dental professionals. These include:
- The Medical Practitioners Act 2007 (as amended by the Medical Practitioners (Amendment Act) 2017) outlines the obligations of medical professionals, including dentists, to maintain a high standard of care. Any breach of this duty can lead to legal consequences, especially when harm is caused.
- The Dentists Act 1985 sets out the legal requirements for who can practice dentistry in Ireland, ensuring that dentists are qualified and adhere to professional standards.
- The Code of Practice Relating to Professional Behaviour and Ethical Conduct (2022) expects dentists to provide high-quality care and uphold the profession's reputation. This includes ethical responsibilities like obtaining informed consent, ensuring proper patient care, and maintaining accurate records.
When a dentist fails to meet these standards, it can result in substandard care and even permanent harm to patients. If you've experienced negligence from a dental professional, you have the right to seek compensation for the harm caused.
Examples of Dental Negligence
Here are some common examples of dental negligence:
- Misdiagnosis or Failure to Diagnose: Failing to identify conditions like gum disease, oral cancer, or infections can lead to serious, untreated complications.
- Improper Treatment: Providing incorrect or unnecessary treatments, such as extracting the wrong tooth, performing unnecessary root canals, or using inappropriate techniques.
- Surgical Errors: Mistakes during procedures like tooth extractions or dental implant placements that result in nerve damage, persistent pain, or other complications.
- Failure to Obtain Informed Consent: Proceeding with treatments without clearly explaining the risks, benefits, or alternatives, which violates the patient's right to make an informed decision.
- Infection from Poor Hygiene: Not following hygiene protocols, leading to infections or other health issues from contaminated equipment or poor sterilisation practices.
- Failure to Refer to a Specialist: Not referring a patient to a specialist for advanced or necessary treatment, causing delays that worsen the patient's condition.
- Anaesthesia Errors: Incorrect administration of anaesthesia, leading to complications such as excessive pain, allergic reactions, or other risks associated with over- or under-dosing.
These forms of negligence can lead to lasting damage, pain, and significant medical costs.
What Will Your Dental Negligence Claim Cover?
A dental negligence claim aims to compensate you for the harm caused by improper dental care. Your claim may cover:
- Medical Expenses: Costs for corrective treatments, surgeries, medications, or ongoing dental care required due to negligence.
- Pain and Suffering: Compensation for the physical pain, emotional distress, and discomfort caused by the negligent treatment.
- Loss of Earnings: If the dental negligence caused you to miss work, you can claim for lost wages and future earnings if your ability to work has been affected.
- Corrective or Future Treatment: The cost of additional dental procedures required to fix the mistakes or manage long-term complications caused by the original negligence.
- Travel Expenses: If you've had to travel for additional treatments, you may be able to recover these costs.
- Loss of Enjoyment: Compensation for the impact on your quality of life, such as difficulty eating, speaking, or smiling confidently due to dental negligence
- Psychological Impact: You might be eligible for compensation for the psychological toll if the experience resulted in emotional trauma, anxiety, or stress.
How Long Will It Take To Make a Dental Negligence Claim?
The time it takes to resolve a dental negligence claim can vary, but according to the Dental Protection report, it takes an average of 1059 days (roughly 3 years) to settle a dental negligence claim in Ireland. Several factors influence the timeline, including:
- Evidence Gathering: Compiling medical records, expert opinions, and documentation takes time.
- Negotiations: If the dentist or their insurer accepts responsibility early on, the claim may settle faster.
- Court Proceedings: If the case goes to court, scheduling and legal procedures may delay the resolution.
While the average claim takes around three years, this timeframe can vary depending on your case's specifics. We'll work with you to resolve your claim as quickly and effectively as possible, minimising the burden on you.
Who Are You Bringing the Claim Against?
When making a dental negligence claim, you are typically bringing the claim against the dentist or dental practice responsible for the negligent treatment. This can include:
- The dentist that individually delivered subpar treatment.
- The dental practice or clinic where the treatment was carried out.
- In some cases, if the negligence involves multiple professionals, you may be bringing the claim against a team of healthcare providers.
Who Bears the Cost of a Dental Negligence Claim?
The dental professional's insurance provider typically bears the costs of a dental negligence claim. Dentists in Ireland are required to have professional indemnity insurance, which covers claims for negligence. This insurance guarantees that the insurer, not the dentist, will pay the compensation if you win your case or reach a settlement.
The Dental Negligence Claims Process
The process for filing a dental negligence claim begins with a consultation where we assess your case to determine if you have a valid claim. If we proceed, we will gather crucial evidence, including medical records, treatment details, and expert opinions, to demonstrate that the dental care you received was substandard.
Once the evidence is compiled, we will send a formal letter of claim to the responsible dentist or dental office, outlining the negligence and the harm caused. If liability is accepted, we will negotiate a settlement to cover your losses. Should negotiations fail, we are fully prepared to take the case to court, where a judge will decide if negligence occurred and determine the appropriate compensation.
Statute of Limitations
Under the Statute of Limitations (Amendment) Act 1991, you generally have two years from the date you became aware of the harm caused by dental negligence (known as the "date of knowledge") to bring a claim in Ireland. For minors, the two-year period doesn’t begin to run until they turn 18.
How Much Compensation Can You Expect?
The amount of compensation for a dental negligence claim is determined by several factors, including:
- The severity of the harm or injury caused.
- The cost of corrective treatment or future medical care.
- Pain and suffering endured.
- Loss of earnings or the impact on your ability to work.
While specific compensation amounts vary, damages typically cover both general damages (for pain and suffering) and special damages (for financial losses such as medical bills or loss of income). For a more accurate estimate, contact us. We can assess your case based on the specific details and how the negligence has affected you.
Start Your Dental Negligence Claim
If you believe you’ve suffered harm due to dental negligence, don’t hesitate to contact Michael Boylan Litigation. Our experienced team will review your case, help gather the necessary evidence, and guide you through the claims process. To start your claim, reach out to us. We’re here to help you seek the justice and compensation you deserve.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in line with regulation 8 of the Solicitors Advertising Regulations 2019.
