What is dental negligence?
There has been a very steady increase in the amount of dental negligence initiated by patients who have suffered after dental surgery or a dental procedure.
There are instances where dental negligence claims are brought to the District Court, and the damage is relatively minimal.
However, more and more medical negligence, dental negligence, and personal injury actions are being taken in the Circuit Court or, in some instances, the High Court.
Particular examples of dental negligence
- Nerve damage: Anaesthesia may not work or may damage the nerve. Local injections into the nerve can result in long-term or permanent numbness.
- Cavity filling: A filling may be placed incorrectly, leading to infection or requiring a crown to be placed over the tooth.
- Root canal work: A dentist may not find or clean out all roots before applying a crown. In these circumstances, periodontal disease can persist, leading ultimately to tooth removal and replacement with a bridge or an artificial tooth.
- Crowns/Veneers: If a crown or veneer doesn’t match the original tooth’s bite surface, this can lead to chronic dental pain.
- Cosmetic dentistry errors cover a wide variety of treatments and orthodontic care.
As with all dental procedures, sometimes adverse outcomes occur in dental treatment for non-negligent reasons.
For a case of dental negligence to be proven, causation and error on the part of the dental practitioner must be established.
There are many different types of dental procedures, so your specific dental issue may not be mentioned above.
Dental negligence claims can result from procedures such as deficient tooth enamel filing, poor extraction, incorrect tooth extraction, substandard root canal treatment, poorly fitted veneers, and dentures.
If you doubt the procedure and its results, you should seek a second opinion from another qualified dentist, dental surgeon, or orthodontist as soon as possible.
The claim process
1. Consult our dental negligence solicitor
It is advisable for you to speak to an experienced dental negligence solicitor as soon as possible if you believe that you were not provided with an adequate or appropriate level of medical care, which resulted in you sustaining an injury or illness.
2. We obtain your medical records
After the consultation with your dental negligence solicitor, he/she will request access to your medical records and engage an independent medical expert to assess your records. The purpose of engaging an independent expert is to establish whether there was any negligence on the part of the medical professional.
3. The medical negligence litigation process
Where the independent medical expert is of the professional opinion that medical negligence did occur, upon your instructions, your dental negligence solicitor will commence the process of issuing legal proceedings in Court against the medical professional and/or hospital.
Time limit
The legal time limit to make a medical negligence claim is two years from the date of injury or date of knowledge that the injury or illness resulted from medical negligence.
For children/minors, the time limit expires two years after their 18th birthday.
You may contact a dental negligence solicitor to discuss your case and to advise on the Statute of Limitations applicable to your case.
Frequently Asked Questions
What does a dental negligence solicitor do in Ireland?
A dental negligence solicitor in Ireland advises patients who have suffered injury as a result of substandard dental treatment.
The solicitor’s role includes
- Reviewing your medical and dental records;
- Obtaining an independent expert dental report to assess whether the standard of care was breached;
- Advising on causation and the strength of your claim; managing all correspondence with the defendant’s legal team and insurers; and
- Issuing and progressing proceedings in the Circuit Court or High Court where necessary.
A solicitor experienced in dental negligence claims will also advise on the time limits that apply to your case and ensure evidence is preserved at an early stage.
How long does a dental negligence claim take in Ireland?
The duration of a dental negligence claim in Ireland varies depending on the complexity of the case and whether the matter proceeds to a full court hearing. Straightforward claims where liability is admitted or early settlement is reached may resolve within 12 to 18 months.
More complex claims involving disputed causation or significant injuries typically take between two and four years from initial instruction to resolution.
Cases that proceed to a High Court hearing will generally take longer. The two-year limitation period under the Statute of Limitations (Amendment) Act 1991 means that early legal advice is important to avoid the claim being time-barred.
Who is responsible for a dental negligence claim in Ireland?
Responsibility for a dental negligence claim in Ireland depends on the dental practice’s structure. Where the dentist is employed by a dental practice, the practice may be vicariously liable for the dentist’s negligence.
Where the dentist practises as a sole trader, the claim is brought against the individual dentist.
Dental practitioners in Ireland are required to hold professional indemnity insurance, and claims are typically managed by the insurer on the dentist’s behalf.
Dental negligence claims arising in a hospital setting, for example, a dental hospital or a maxillofacial unit, may be brought against the HSE or the relevant private hospital.
What is the Dental Council of Ireland and can it help with my claim?
The Dental Council of Ireland is the statutory regulator for the dental profession in Ireland, established under the Dentists Act 1985 (No. 9 of 1985).
The Council maintains the register of dentists and has fitness-to-practise powers in respect of registered dentists whose conduct falls below the required standard.
A patient may make a complaint to the Dental Council about a dentist’s professional conduct. Fitness to practise proceedings are separate from a civil negligence claim and do not result in financial compensation.
However, a finding by the Dental Council that a dentist’s conduct was below the required standard can be a relevant context in the civil claim.
Does a dental negligence claim have to go through PIAB in Ireland?
No. In Ireland, dental negligence claims are exempt from the Personal Injuries Assessment Board (PIAB) process under Section 3(3) of the Personal Injuries Assessment Board Act 2003.
Claims arising from the provision of dental services fall outside PIAB’s jurisdiction and can be issued directly in the Circuit Court or High Court without first obtaining PIAB authorisation.
The appropriate court will depend on the nature and value of the claim. Our solicitors will advise on the most appropriate forum for your case following an initial assessment.
Coleman Legal LLP is a Dublin-based personal injury and medical negligence law firm acting for clients across Ireland. We advise patients on dental negligence claims involving general dental practitioners, specialist dentists, and dental hospitals.
