Can you tell me what I should do about submitting Form B with an application for assessment when I am making compensation claims for a dentist taking out the wrong tooth to the Injuries Board?
Remarkably, the Injuries Board will not accept applications for assessment when making compensation claims for a dentist taking out the wrong tooth. Claims against dentists are considered to be medical negligence cases and under the Personal Injuries Assessment Board Act 2003, the Injuries Board Ireland will assess applications for personal injury compensation “other than a personal injury arising out of medical negligence”.
In order to make a claim for a dentist taking out the wrong tooth, you will need to engage the services of a solicitor. The solicitor will ask an expert in dentistry to review your dental records and establish if there any defence against a wrong tooth extraction claim for compensation and, if not, send a Letter of Claim to the negligent dentist advising him that you are making a claim for compensation for a dentist taking out the wrong tooth and inviting him or her to make an offer of settlement.
In most cases, the dentist will admit their liability for taking out the wrong tooth and your solicitor will negotiate how much compensation for a dentist taking out the wrong tooth you should receive with the dentist´s medical insurance company. In the event that the dentist denies their liability or a suitable settlement of compensation for taking out the wrong tooth cannot be agreed, your solicitor will issue court proceedings against the dentist.
Although it is highly unlikely that a court hearing will be necessary, you need to be aware that this may happen – especially if your dentist is a personal friend or has been caring for your family´s dental health for generations. Even if court proceedings are issued, the likelihood is that you will be offered an out-of-court settlement of compensation for a dentist taking out the wrong tooth.
Consequently, it is important to know how much compensation for a dentist taking out the wrong tooth you are likely to receive in case the offer of settlement is made to you directly. This can be calculated when you speak with a solicitor and will be based on the location of the tooth which was extracted by mistake and how much it is going to cost to repair the damage caused by your dentist´s medical negligence. If you have incurred any other expenses due to your dentist´s negligence, these can also be incorporated into compensation claims for a dentist taking out the wrong tooth provide you can account for them with receipts and invoices.
It is in your best interests to speak with a solicitor as soon as possible in order to confirm that you have a claim for a dentist taking out a wrong tooth and to organise the expert in dentistry to proceed with your claim.