Dental Abscess Claim *
A dental abscess is defined as an infection to the tissues that surround the tooth root and when a dentist fails to treat a person’s teeth adequately and an abscess forms, dental abscess claims * arise. The injury is caused by bacteria making its way into the tooth, most commonly due to tooth damage or decay. It is identified through the excess amount of puss located around the tooth.
It is crucially important that a dental abscess is recognized and diagnosed in its early stages. This allows the person to make a full recovery from the injury. If the injury is not identified the infection may spread and inflict more pain on the individual. Some of the most common symptoms to be aware of include:
- Severe toothache
- Bitter taste in the mouth
- Red or swollen gums
- Swollen glands in the neck
- Pain while chewing
All dentist practitioners have a duty of care to provide a professional service in a safe environment. If the patient suffers an illness or injury that could have been avoided it is possible that the dentist can be held liable. The reasoning for the majority of dental abscess injuries include:
- Failure to treat tooth damage
- Diagnosis delay
- Incomplete draining of a dental abscess which results in further infection
- Mistakes during the removal of an abscess
- Failure to provide a course of antibiotics
Once a person is diagnosed with a dental abscess the injury is commonly treated with a mixture of both antibiotics and draining the abscess to remove all pus and bacteria. If the abscess is in a critical stage it will be removed through a surgical procedure. If the dental abscess occurred due to the negligence of the dentist this may be accounted for.
Injury to a child
In an unfortunate incident where a child is subject to dental negligence *, the process of making a claim differs from that of an adult who has been subject to dental negligence *. A minor can bring a claim for medical negligence in the first two years following their 18th birthday. Otherwise, a parent or guardian can act on behalf of the minor, known as The Next Friend rule.
Making a Claim
When an individual suffers a dental injury, there are certain things that you can do immediately after the incident that will help your solicitor establish a dental negligence * case for you:
- Recording the date and time of the dental abscess injury * and the details of the type of dental treatment or procedure you received
- Retain any medical/dental records relating to the accident
- Take a photo of any visible injuries sustained.
Once these steps have been followed there is a procedure you can follow which will determine the nature of the claim. These steps include:
Speak to a Dental Negligence Solicitor *
It is advisable that you speak with a dental negligence solicitor * as soon as possible after the incident. Dental negligence is considered a very complex topic in Irish Law. Attempting to proceed alone without the help of a solicitor may result in you missing some vitally important steps. Your solicitor can then guide you through the next steps to ensure that the claims procedure runs as smoothly as possible for you.
Generally, after discussing your situation in detail with you, your solicitor will request access to your dental records. Once obtained, your solicitor will then inform any dental practitioners involved in the situation outlining the claim.
Independent Dental Expert Assessment
The dental records are sent away to an independent expert in the field of interest. This helps determine whether a level of substandard care or negligence has occurred. Furthermore, it will illustrate whether or not the injuries could have been avoided if the appropriate procedure was adhered to.
Letter of Claim to the Dentist
Following the complaint having been lodged, your solicitor will then draft a letter of claim and send it to the relevant parties involved in the claim. A letter of claim outlines the nature of the dental injuries/negligence. It provides the dentist with an opportunity to settle the clam.
The next steps involved are heavily dependent on the response to the letter of claim. Your solicitor will be in a position give advice on the best course of action once negligence is confirmed.
TELL US ABOUT YOUR CASE
With over 30 years’ experience as specialist dental negligence solicitors *, Tracey Solicitors ensure not to overwhelm you with legal jargon. We can provide you with legal advice and guidance with your best interest at heart. This will be carried out in a language that you can understand. For a confidential discussion call our expert medical negligence solicitors on 01 649 9900 or email firstname.lastname@example.org to tell us about your case.