A dental compensation claim will factor in the following aspects:
- Your medical history, i.e. whether the injury is a one off or associated with a pre-existing medical condition which has been made worse by the negligence.
- The nature and severity of your injury
- The pain and suffering you are experiencing or expect to experience long-term
- Remedial expenses to compensate for future treatment required.
What can be claimed for?
Compensation for dental negligence involves calculating a variety of costs and claiming damages to meet those costs. Judicial Guidelines are in place to provide a framework to determine the level of damages awarded for certain injuries in respect of pain, suffering and loss of amenity.
Most dental negligence claims will comprise of one or more of these types of damages:
- General damages – are awarded to compensation for the direct effects of the negligence, where the defendant’s actions can be linked to the injuries sustained. These can include:
- Pain and suffering
- Physical injury, impairment, disability or disfigurement
- Mental pain and trauma
- Reduced quality of life
- Special damages – are awarded to compensate for financial expenses that have been incurred as a direct result of the defendant’s action. These can include:
- Short and long-term medical expenses
- Travel costs
- Employment – loss of a specific career or job prospects, including loss of a pension or pension contributions
- Loss of income and earnings capacity
General damages compensation pay-outs for dental negligence
The table below provides a guide to the potential compensation awarded, however the final compensation figure will be determined by the Court.
|Damaged teeth||Minor to severe||£830 to £29,000||Damage to a single tooth, or several. This can be short-term damage that can be corrected, all the way through to permanent complete loss of all teeth.|
|Jaw injury||Minor to severe||£4,900 to £34,600||From simple fractures, through to irreparable bones loss through badly performed surgical procedures.|
|Cheekbone Injury||Minor to severe||£1,775 to £12,000||From simple fractures, through to irreparable bones loss through badly performed surgical procedures.|
The general damages above reflect the pain and suffering the injury has caused. The list is not exhaustive.