Dental Jaw Fracture Claims Solicitors in Manchester

If you suffer a jaw fracture during dental treatment then you may be able to make a claim for compensation.

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A jaw fracture dental negligence claim could be the result of a dentist failing to meet their duty of care to you during treatment such as a tooth extraction or dental implant. As well as being physically distressing, a dentist breaking your jaw could have a long term psychological impact.

Fractures of this kind are thankfully rare but if it happens to you it could well be because the dentist treating you was negligent in some way.

If your jaw has been broken during dental treatment then contact the experts at TJL to discuss what happened.

If we think your treatment was negligent we’ll explain how the process of making a personal injury claim works, and set about getting any compensation you’re entitled to.

How much compensation could I receive for a jaw fracture dental negligence claim?

The compensation you could receive for a dental negligence claim following a fractured jaw could range from just under £8,000 to more than £50,000, depending on how severe the fracture is, the impact it has had and how long your recovery will take. The total will be made up of general damages and special damages.

General damages will be based on the physical and psychological pain and distress the jaw fracture has caused and the impact it has had. The figure will be decided with the help of the Judicial College Guidelines (JCG), a specialist publication setting out guide amounts for specific injuries.

Once we have a clear idea of the nature and severity of your jaw fracture, including a medical report from an independent expert, we’ll be able to provide an estimate of the general damages we think you’re likely to receive if your claim is successful.

Special damages relate to any financial impact the fractured jaw has had. This will include compensation for the costs of any treatment needed to repair the fractured jaw and any specialist treatment likely to be required in the future.

It will also include amounts for any earnings lost because of the fractured jaw, and out of pocket expenses such as the cost of travelling to and from medical appointments needed.

Examples in the latest edition of the JCG include:

  • A simple jaw fracture - £7,880 to £10,660
  • A serious jaw fracture - £21,920 to £37,210
  • Serious multiple fractures of the jaw - £37,210 to £55,570
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What should I do immediately following a jaw fracture?

The first thing you should do following a jaw fracture during dental treatment is seek medical attention.

 

 

As well as stopping serious complications setting in and increasing the chances of a full recovery, prompt medical attention will create an official record of your injury, with an x-ray likely to confirm the jaw has been broken.

You should then inform the dentist responsible for breaking your jaw during treatment that it has happened. You should do so in writing in order to create an official record of your complaint and their response, and a timeline of your treatment.  

You should write down your own account of what happened during the relevant dental treatment and the impact it has had on you. You should also keep records of any treatment required because of your broken jaw and any medication prescribed, such as painkillers.

You should contact TJL to tell them how your jaw was broken during dental treatment.

We’ll explain whether you are eligible to make a claim for compensation on the grounds of negligent treatment, and if you are, we’ll start the claims process on a no win no fee basis.

What are the symptoms of a fractured jaw after dental treatment?

If your jaw has been fractured you could experience some or all of the following:

 

 

  • A pain in your face or along your jaw which intensifies when you move it
  • Numbness in the face, particularly around the lower lip
  • A pain in your ear on the side of the jaw that has been fractured
  • Bleeding from the mouth
  • Your face becoming bruised and swollen
  • Finding it difficult to chew or talk
  • Difficulty opening and closing your mouth due to stiffness in the jaw
  • The jaw shifting more to one side when you open your mouth
  • Tenderness or pain in the jaw which becomes worse when you bite or chew
  • Teeth which are damaged or become loose

The symptoms of a fractured jaw after dental treatment will vary depending upon the nature and severity of the fracture.

Some pain or discomfort is to be expected after most dental treatment, particularly extractions or implants, but pain which lasts for longer than a dentist advises may be a sign that something has gone wrong, such as a fractured jaw. If you experience any of these symptoms for longer than expected you should seek medical attention, as complications of a fractured jaw could include infection, heavy blood loss and obstructed breathing.

 

Can I make a claim for jaw fracture dental negligence?

You can make a claim for jaw fracture dental negligence if you meet the following criteria:

 

 

  • You were owed a duty of care by your dentist
  • Your dentist failed to meet this duty of care
  • As a result of this failure, you suffered harm in the form of a fractured jaw. This harm was avoidable and unnecessary.

 

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How do I prove that my dentist has acted negligently?

We understand how stressful and upsetting it could be to have your jaw fractured because your dentists acted negligently.

 

 

When you make a compensation claim with TJL we’ll take on the task of proving that your dentist was negligent so that you have the time and space to recover and come to terms with what has happened.

The more evidence you could bring to us when you first get in touch, the easier it will be to build a strong claim, but we’ll work to pull together everything needed to prove negligence, such as the following:

  • Your dental records, including the condition of your teeth and jaw prior to the treatment, and the diagnosis and treatment plan the dentist put in place
  • Your own personal statement explaining the treatment you received, the impact it had and the way in which your life has been affected since
  • Statements from witnesses such as friends and family who can explain how you were impacted by the negligent dental treatment
  • Photographs, videos or x-rays of the harm caused by the negligent treatment, such as bruising, bleeding, swelling or missing teeth
  • A medical report written by an independent dental expert following an assessment of your fractured jaw
  • Copies of any correspondence between you and your dentists since the negligent treatment took place
  • Documentary evidence of the financial impact of the negligent treatment, such as wage slips, bank statements and receipts for direct expenses

What do I need to prove for a successful jaw fracture dental negligence claim?

In order to make a successful claim for dental negligence following a jaw fracture you will need to prove the following:

 

 

 

  • The dentist failed in their duty of care toward you as a patient, particularly when the treatment they provided is compared to the treatment delivered by other dentists in similar circumstances.
  • The failure to deliver care up to a reasonable standard was the direct cause of your fractured jaw, and the physical and psychological harm caused by the fracture.

What is the process for making a jaw fracture dental negligence claim?

The process for making a jaw fracture dental negligence claim can be broken down into a series of individual steps:

 

 

We understand how daunting the prospect of taking legal action can feel, and so we’ll guide and support you through each of these steps, beginning with a free consultation to ascertain whether you have the grounds to make a claim.

If you are eligible to claim for a jaw fractured through dental negligence we’ll start the process by taking a detailed statement from you. This statement will include a description of your dental treatment and how you think it went wrong and the impact the fractured jaw has had on you.

This impact will include the physical pain and distress caused and the psychological trauma of having your jaw fractured.

The next step will be a medical assessment by an independent dental expert, arranged by us. This will establish the nature and severity of the fracture, the prognosis for any future recovery and the treatment likely to be needed to put things right.

Once we have a medical report, witness statements, your own personal statement and your dental and medical records we will contact the other party and inform them that you intend to claim compensation for a jaw fractured through dental negligence. We specialise in dispute resolution and always work to settle claims as quickly as possible, without having to take the case to court.

The majority of cases are settled at this point, with liability being admitted by the other party. Although we aim to deal with claims quickly we never settle for anything less than the full compensation we think you’re entitled to.

Our experience of dental negligence claims of this kind means that we know exactly what you should be entitled to in the form of general damages, and also what you can claim as special damages. If the other party denies liability or fails to make a fair offer the claim will be settled in court, something which only happens in a small minority of cases.

 

Is there a time limit on making a jaw fracture dental negligence claim?

You have 3 years from the date on which your jaw was fractured, or the date on which you became aware of the fracture, after which you won’t be able to start a claim.

 

 

There are exceptions to this 3 year rule:

  • If you are under 18 when your jaw is fractured then the 3 year limit will run from your 18th birthday to your 21st
  • If you lack the ‘mental capacity to make a compensation claim during the initial 3 years then the time limit will run from the date on which you regain capacity

Although the 3 year limit is in place we always recommend starting any jaw fracture dental negligence claim as soon as possible after the negligent treatment takes place. The memory of events and of how distressing they were  will still be clear in your mind, and the sooner you start the claim the sooner you’ll get any compensation you’re entitled to.

 

 

How could my jaw have been fractured through negligence?

Your jaw could have been fractured through negligence in several different ways. These include the following:

  • The dentist applied excessive force when extracting a tooth, resulting in the jaw fracturing
  • The dentist failed to use the correct technique when performing a procedure and fractured your jaw as a result
  • The dentist used the wrong equipment when treating your teeth and fractured your jaw as a result
  • The dentists drilled too far into the jaw bone when performing implant surgery and caused it to fracture

A jaw fracture due to dental negligence could be the result of any of these mistakes or a combination of different errors. If your dentist failed to deliver treatment that met a reasonable professional standard in any way and your jaw fractured as a result then you could make a claim for compensation.

Question 1 of 5

Do you think your dental surgeon was negligent?

Jaw Fracture Claim FAQs

 

Can I make a no win no fee jaw fracture compensation claim?

Yes, you can make a no win no fee jaw fracture compensation claim with TJL. This means the following:

  • You don’t pay anything while we process your claim’ gather evidence and negotiate on your behalf
  • We only take a fee from you if the claim is successful and the compensation has been paid.
  • If you lose the claim the costs of the other party will be covered by insurance taken out on your behalf.

How long will a fractured jaw claim take?

A fractured jaw claim for dental negligence could take between 12 months and 3 years to settle. The exact time will depend upon factors such as whether the other party admits liability and how long it takes to negotiate an agreed compensation settlement.

We always work to settle claims as quickly as possible, and will keep you informed of our estimated timescale throughout.

Will I have to go to court?

The answer to this question is almost certainly no. More than 95% of the cases we handle are settled without having to go to court, thanks to our expertise in dispute resolution and tough but fair negotiation.

Can I make a jaw fracture claim against the NHS?

Yes, you can make a jaw fracture claim against an NHS dentist or a private practitioner, as both have a duty of care to deliver reasonable professional standards of treatment. If your claim is made against the NHS then any compensation paid will be taken from a dedicated NHS Resolution fund, and not form front line NHS funding.

Why should I choose TJL for my jaw fracture dental negligence claim?


First and foremost you should choose TJL for your jaw fracture dental negligence claim because we have a fantastic track record of success. We win more than 95% of the personal injury claims we take on, and that includes dental negligence claims of this kind.

We’ve been winning compensation for our clients for the past 25 years, worth more than £43 million in total, and that level of experience and expertise will be brought to bear on your fractured jaw claim. We know what kind of evidence it takes to prove negligence in cases of this kind and the level of compensation you could be entitled to.

In addition to drawing on our legal expertise and experience, anyone making a negligence claim with us will be treated as a human being and not just another case number. We know how stressful it can be to be let down and left in pain by a person you trust such as a dentist, and our service is tailored to deliver support on a one to one basis and to help with accessing any additional support needed.

We communicate in clear, jargon free English so you always know exactly what’s happening with your case, and we do all of this on a no win no fee basis. You can claim for negligence if you’ve been badly treated without worrying about legal fees or costs.

If a dentist fractured your jaw through negligence then contact TJL today. We’ll do everything we can to get the compensation you could be entitled to.

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