There are a number of commonly encountered liability disputes when dealing with dental claims. These include:
periodontal claims (eg gum disease claims)
cosmetic dentistry
consent disputes
root fillings
orthodontic claims
failure to diagnose dental caries (decay)
partial or incorrect extractions
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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