A third of patients may experience misdiagnosis of periodontal disease, potentially triggering a dental negligence claim if the dentist failed to diagnose, treat, or recognize the condition.
What is periodontal disease?
Periodontal disease is more commonly known as gum disease. 80% of people over the age of 35 are affected by the condition which, if left untreated, can have detrimental implications on your teeth.
In its early stage, gingivitis can occur which involves inflammation and redness of the gums. Gingivitis can be easily treated by removing bacteria from the gumline, but untreated gingivitis can progress to periodontitis. Periodontitis is a much more serious gum disease which causes bone destruction and tooth loss.
If you have periodontal disease, you may attend your dentist with the following symptoms:
- Red gums
- Swollen or puffy gums
- Tender gums
- Bleeding gums after brushing or flossing your teeth.
- Bad breath
- An unpleasant taste in your mouth
- Loosing teeth
- Pus under your gums or teeth
Your dentist should treat your symptoms in their initial stages by careful brushing and cleaning to prevent the development of the condition.
Untreated periodontitis can also be linked to respiratory disease, rheumatoid arthritis, coronary artery disease, strokes, and diabetes.
Periodontal disease Misdiagnosis
Periodontal disease is a common issue in dentistry, and dentists are required to check for it during routine appointments.
If a dentist fails to identify or does not explain how to prevent it from worsening, you could have a case for dental negligence.
If treatment is not received, gum disease will continue to worsen and negatively impacts your dental health. It starts an infectious cycle that can lead to tooth loss.
Additionally, studies have shown that gum disease directly affects your general health and wellbeing. Gum disease has been linked to diabetes, heart disease, stroke, and other illnesses.
If you believe your care was negligent and believe you have grounds for a claim, it is recommended to speak to an experienced solicitor.
Periodontal disease: Dental negligence claims
You may be able to make a claim for dental negligence if you presented to your dentist with symptoms of periodontal disease, but the dentist did not provide you with adequate treatment.
Your dentist may have:
- Misdiagnosed your periodontal disease.
- Failed in your periodontal examination.
- Failed to inform you of the disease and your treatment options.
- Failed to offer adequate advice and treatment.
You would also have to show that this negligent treatment caused additional dental problems above what you would have suffered in any event. For example, you may have suffered avoidable tooth loss and need a replacement.
Frequently asked questions:
Why should I make a dental negligence claim?
We trust Dental Health Professionals to provide advice and treatment to do the best for our oral health. Sometimes this trust is betrayed and the symptoms that we may have could become worse and teeth can be lost because of a mistake.
Dental pain can be traumatic and can affect your daily life. Dental Health Professionals have a duty of care to correctly assess your oral health and keep you from suffering further pain and trauma.
Here at Oakwood’s, we have first-hand experience dealing with people whose lives have been changed by dental negligence. Bringing a Dental Negligence claim has allowed our clients to receive the financial support that is needed to aid in recovery.
What can I claim for in a dental negligence case?
If you have suffered due to Dental Negligence, then you may be able to claim for the following:
- Pain and suffering
- Any loss of earnings because of the dental treatment
- Further treatment that may be required including cosmetic treatment
- Psychiatric damage
Who can bring a claim?
The victim of the negligence can bring about a claim. However, it is may also be the case that the victim has passed away because of the negligence or has suffered so severely that they are unable to bring about a claim as they no longer have capacity.
In such circumstances a claim can be brought about on their behalf, either by an appropriate person or litigation friend if the victim is still with us, or by the executor of the estate of surviving dependant if the victim has passed.
Our specialist team will be able to discuss whether you have a right to bring about a claim, so if you or a loved one has been affected do not hesitate to contact us.
How long do I have to claim?
Claims of this nature are subject to a three-year limitation period. This means that claims must be commenced within the Courts in three years of the date the negligent act occurred or the date you became aware that negligence had occurred.
In cases involving deceased victims, this limitation period commences from the date of death and in cases involving minors, the limitation period starts when they reach their 18th birthday.
The law surrounding limitation periods is complex. Our specialist team will be able to advise further.
How much is my claim worth?
It is often difficult to value dental negligence claims at their outset, given the complexities involved however we will pursue two forms of compensation for you:
General damages – for the pain and suffering you have endured because of the negligence.
Special damages – for all your out-of-pocket expenses such as travel expenses, medication costs, loss of earnings, treatment costs both past and future.
This list is not exhaustive and is very case-specific.
Further information:
Oakwood Solicitors Dental Negligence Claims.
Periodontal Disease (Gum Disease).
WHAT TO DO NEXT:
We have a dedicated team of solicitors and paralegals who have many years’ experiences between them in running cases of this nature. They are highly trained to deal with all aspects of clinical and medical negligence.
Oakwood Solicitors Ltd wishes to ensure that clients are not overwhelmed by legal jargon or medical terms that they do not understand and aims to allow the claims procedure to be as transparent as possible.
Get in touch today for a no-obligation consultation. Choose one of the methods on the right-hand side of this page or call us on 0113 200 9720 to find out how we can help you.
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Carol Cook joined Oakwood Solicitors in May 2017 to lead the Medical Negligence Department.
Carol handles a wide range of clinical, cosmetic and dental negligence claims and has years of experi…
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