Negligence by an Orthodontic Surgeon

Is it possible to claim for negligence by an orthodontic surgeon if the equipment they used was unhygienic?

It may be possible to claim for negligence by an orthodontic surgeon if the equipment they used was unhygienic. Orthodontists owe their patients a duty of care, not only when it comes to providing the best possible orthodontic treatment but also when it comes to providing a safe, hazard free, hygienic environment. The fact that unhygienic equipment was used in your treatment may suggest a demonstration of negligence on their part and a breach in the duty of care that they owe their patients.

For an orthodontic negligence compensation claim to be successful, you will also have to have suffered medical consequences as a result of the demonstration of this negligence by an orthodontic surgeon. If you have not suffered or sustained an injury, illness, or the deterioration of an existing condition then it is unlikely that your claim will be worth pursuing, even in spite of the fact that negligence was apparent.

It is advisable that you contact a claims solicitor with experience in dealing with orthodontic negligence compensation claims at the first possible moment. They will be able to give you a better idea of the viability of your claim when they are informed of the specific circumstances of your experience at the orthodontist. Dental and orthodontic negligence can be difficult to prove, so the sooner you contact a solicitor, the sooner they can evaluate your claim for negligence demonstrated by orthodontist and establish whether or not your orthodontist can be considered negligent.

To establish negligence your solicitor will contact everyone in the orthodontic team that was involved in your procedure. This is because the main orthodontist will not always be responsible for the equipment being used; the unhygienic equipment could be due to an error or lack of care of a nurse or orthodontic assistant. Your solicitor will not apportion blame but merely obtain all the relevant dental and orthodontic documentation. This will be shown to an independent orthodontic expert who will determine whether or not the use of this equipment could have been avoided and if the illness or injury you sustained was due to the use of this equipment. If they establish that negligence took place then your solicitor may offer you legal representation in your claim for negligence demonstrated by orthodontist.

The UK Statute of Limitations which was introduced as part of the Limitations Act 1980 allows three years for a potential claimant to pursue a claim. This three year limit generally begins on the date in which an injury or illness was sustained or the date that a person first become aware of having it. This may seem like a sufficient length of time to pursue a claim; however it is recommended that you discuss your experience with negligence by an orthodontic surgeon with your solicitor at the first possible moment so that you can avoid any possible delays or hindrances that may arise with pursuing a potentially complicated orthodontic negligence claim.


Speak to a medical negligence solicitor about your claim