Initial Contact

The first step in starting a dental claim is reaching out to us for an initial consultation, typically via telephone. This initial consultation is provided free of charge.

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Fact Finding and Information Gathering

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After our initial conversation, if we believe your claim has potential, we'll ask you to complete our dental claim questionnaire. This questionnaire helps us gather essential information, such as your personal details, the names of the dentists you've seen, any prior advice you've received, and how you plan to fund your dental claim. Additionally, we'll inquire about the expenses you've incurred to rectify negligent dental treatment and your reasons for believing that your dental treatment went wrong.

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What Needs to Be Proven to Win a Dental Claim?

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To succeed in a dental claim, you must establish three key elements:

1. That you've suffered a dental injury.

2. That your dentist either did something they shouldn't have (a breach of duty of care) or failed to do something they should have done.

3. That your dental injury resulted from what the dentist did or failed to do (causation of injury).

All three elements—breach of duty, causation, and injury—must be proven, often with the assistance of an independent dental expert, to make a valid dental neglect claim.

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Understanding the Importance of Causation

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It's worth noting that in dental law, it's not enough to demonstrate negligence; you must prove that the negligence affected the outcome "upon the balance of probabilities," meaning there's a greater than 50% chance it made a difference.

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Challenges in Dental Negligence Claims

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Some dental negligence claims, particularly those related to periodontal or gum disease, may face challenges related to causation. Dentist insurers might argue that patients failed to attend appointments or follow professional advice, such as seeing a hygienist regularly, which could limit the dentist's liability.

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Accessing Your Dental Records

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Once we determine that the core elements of your claim are met, we use the authority you've provided to obtain your dental records from the listed dentists on your questionnaire. We notify the dentist involved in your negligent treatment and request their insurer (referred to as their defence organization) to handle your claim.

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The Letter of Claim and Court Rules

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With your dental records in hand, we proceed to draft a detailed letter of claim in accordance with court rules. This letter typically includes:

1. A comprehensive timeline of your dental treatment.

2. An explanation of your injury and the resulting damage.

3. The specific allegations of negligence against the dentist in question, which are the foundation of your claim.

 

The Letter of Response

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Under court rules, the defence organization has four months to respond with a letter that either admits or denies liability, providing reasons for any denial. If liability is admitted, negotiations for an out-of-court settlement may follow. If liability is denied, we'll consult with you on the next steps, which could involve making a settlement offer, discontinuing the claim, or initiating court proceedings.

Once you approve the draft letter of claim, we send it to the defence organization representing the dentist.

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