Dental claims

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Common liability issues

There are a number of commonly encountered liability disputes when dealing with dental claims. These include:

  1. •

    periodontal claims (eg gum disease claims)

  2. •

    cosmetic dentistry

  3. •

    consent disputes

  4. •

    root fillings

  5. •

    orthodontic claims

  6. •

    failure to diagnose dental caries (decay)

  7. •

    partial or incorrect extractions

  8. •

    jaw fractures during tooth extraction

A claim for damages will be brought under contract and/or tort law. Where a tort has been committed, the legal tests of establishing that there has been a breach of duty which has caused some harm or loss will apply.

A claimant may pursue a claim against the dental practice based on a non-delegable duty or vicarious liability.

For further guidance, see Practice Notes: Common liability issues

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