A typical dental negligence claim

If your dental case is accepted by me, then one of the first jobs that I shall undertake is a full assessment of your dental claim.  This is to assess the strengths and merits of your own case, and that of the dentist accused of negligence. This will involve me obtaining your clinical records and x-rays from the dentist accused of negligence, and also any subsequent treating dentists that you may have attended.  This is so that I can get all of the facts together surrounding your dental case.

Once your claim for dental negligence has been assessed, and I am confident that all relevant documents have been found, we shall write a "letter of claim" to the dentist accused of the negligence.  This letter of claim is required to be written by us under the civil court rules, and outlines the damage that you have suffered, and the reasons why we feel that that your particular dentist has been negligent in his/her treatment of you. 

It is at this stage that the dentist will usually instruct his/her defence organisation to represent him.  It is a requirement that dentists carry compulsory insurance in order to practice, and these insurers, better known as defence organisations become involved at an early stage. 

The dentist (or his/her defence organisation) then has 3 months in which to investigate your dental negligence claim and provide a "letter of response" in accordance with the court rules.  This letter of response must either admit your claim, (or parts of it), or deny your claim (or parts of it) giving specific reasons for the denial. 

It is at this stage of the negotiations that if an out of court settlement cannot be reached, then I shall consider issuing court proceedings, and advise you of the best way to proceed in your dental claim.

Overview of Claims Procedure

• Initial instructions taken;
• Case Assessed for strengths and weaknesses;
• No Win -No Fee agreement signed;
• Gathering of dental records undertaken;
• Experts report obtained if need be;
• Letter of claim drafted;
• Settlement of claim or Issue of Court proceedings

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