Dental claims

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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