How much compensation could I get in a dentist malpractice claim for when my dentist made an error during a recent root canal procedure which means I’m going to need further expensive dental treatment?
There is no way of informing you how much compensation you could get in a dentist malpractice claim without knowing further information about the error made during your root canal treatment and the affect this has had on your life. The only one who will be able to give you an idea of how much you could perhaps receive is a medical negligence claims solicitor who has experience in dealing with dental malpractice compensation claims. Because medical dental negligence claims can be complicated due to how complex establishing negligence can be, it is in your best interest to do this at the first possible moment.
They will be able to evaluate the strength of your claim after you inform them of the circumstances in which an error was made during your root canal. If they think that your claim could be viable, they will attempt to establish that negligence was demonstrated by the dentist treating you by presenting relevant dental notes to an independent dental expert. By examining these notes the dental expert will determine whether or not this error could have been avoided in alternative circumstances and if another competent dental practitioner had been performing the root canal. If they consider negligence to have occurred, your solicitor will decide whether or not to proceed with your claim for dentist malpractice based on what they conclude.
A claim for dental malpractice compensation will be calculated based on numerous elements. The solicitors involved in calculating you claim will find a base value in The Book of Quantum — a publication that contains a variety of injuries and how much they may be worth based on their severity and long-term impact. If the particular medical consequence that you have suffered as a result of this erroneous root canal treatment cannot be found, the solicitors will examine previous claim settlements similar to yours to acquire a base figure. This figure will then be adjusted to take into consideration a number of factors, for example, your age, sex, general state of dental health prior to this root canal error, the pain and suffering you have endured and the impact it has had on your quality of life, both financially and psychologically.
The financial and psychological impact of the negligence demonstrated by your dentist will be taken into account in the areas of medical negligence claim known as special damages and general damages. Special damages account for any financial effect such an injury has on a person’s life For example, as part of special damages you could be compensated for the medical expenses you have already incurred in addition to future expenses you will incur from dental treatment that will be necessary to deal with the error your dentist made.
With general damages you will be compensated for the pain and suffering you have experienced and also may experience during any necessary future dental treatments. Also, if you have suffered a diagnosable psychological injury as a result of this error that you experienced during a root canal procedure, or if it has left you unable to take part in your regular, everyday routine, this will also be taken into account as part of general damages.
Making a claim for dentist malpractice can be complicated, so it is advisable that you discuss your claim with a medical negligence solicitor with experience in dental malpractice related claims. A solicitor will be able to provide you with further and more specific information about your eligibility to claim and how the value of your claim may be calculated. Therefore it is advisable that you contact a medical negligence claims solicitor at the first available opportunity.