![]() Under General Data Protection Regulation (GDPR) accessing your medical records is free. How much does it cost to get your medical records in the UK? How can you obtain medical records for a claim? Can I access my dental records? By ensuring claims are made promptly, the courts are more likely to obtain clearer input from both parties. The three-year period was introduced as a reasonable period to enable someone to make a claim and issue if necessary. The limitation periods were introduced as a protection for potential defendants. The courts are unlikely to accept claims that are out of time. Not unless the victim of negligent treatment was a minor or without mental capacity. If the negligence is discovered after the death, the family has three years to begin legal proceedings, with limitation period beginning upon the discovery of the dental negligence.Ĭan I claim for medical negligence after three years? However, if the person recovers from their condition, the three-year period begins from the date of recovery ģ – If the case involves a deceased person and the person dies within the three-year period since discovering dental negligence, the limitation period begins from the date of death. However, there are some exceptions, such as cases involving minors, vulnerable adults or deceased persons:ġ – If the case involves a minor, the three-year time limit begins to run the victim’s 18 th birthday, at which point the minor legally becomes an adult Ģ – If the case involves a vulnerable adult with no mental capacity, there is no time limit for when a dental negligence claim can be brought. This can be either from the date the Client was injured or the date of knowledge, also known as the when the Client first realised they suffered an injury due to a potential dental negligence. The usual time limit for bringing a dental negligence claim is three years. The time limits are also known as a limitation period. The time limits for making different types of legal claims are set out by the Limitation Act 1980. What is the limitation period for negligence? The procedure is exactly the same and will include your legal representative writing to the dentist and asking that he/she informs their defence organisation of a claim against them following which we would usually liaise directly with the defence organisation for the duration of your claim. Yes, you can sue an NHS dentist much like you can sue a private dentist. Therefore even if your dentist at the time is no longer your current treating dentist, or has subsequently retired, they will still be responsible for the treatment they have carried out. By law, all dentists must be registered with the General Dental Council (GDC) and must have appropriate indemnity and insurance arrangements in place in order for patients to seek compensation which they may be entitled to. Therefore, timeframes will depend on how quickly information can be acquired and responses obtained from everyone involved. There are a number of third parties that we may need to liaise with as part of a dental negligence claim including experts, Counsel and the defendant’s insurers. This all depends on the complexity of the claim, the amount of evidence/ investigation required and the cooperation of third parties involved. On average, a dental negligence claim can take anywhere between six months to three years to conclude. How long does a dental negligence claim take? Failure to diagnose and or treat periodontal (gum) disease or decay of teeth Delay or incorrect diagnosis – including misdiagnosis of oral cancer What are some examples of dental negligence?Ĭommon examples of dental negligence include: The defendant is liable for damage that would not have occurred in the absence of the negligent treatment. Examples of causation may include nerve injuries or loss of or damage to teeth caused by mistakes in treatment. However, it is not sufficient to only show that the treatment that was received was negligent, it must also be shown that negligent treatment caused damage and has led to further injury and suffering. Dental negligence can include a range or errors including a delay in treatment or an incorrect diagnosis, substandard treatment when carrying out fillings, crown work or root canal treatments, poorly executed orthodontics, periodontal disease misdiagnosis and mismanagement, and restorative or cosmetic dentistry errors. Whilst we may not be entitled to ‘gold standard care’, and sometimes we may suffer harm for non-negligent reasons such as recognised complications, we are entitled to reasonable treatment that is carried out correctly. If you think you have a claim make sure to contact us as soon as possible. The Dental Negligence Team receives enquiries every day from members of the public who have received substandard dental treatment.
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