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Counting the cost of tooth loss due to dental negligence

BDJ In Practice volume 34, page 25 (2021)Cite this article

Vicki Swanton, Partner and Solicitor in the Healthcare Team at DWF Law LLP seeks to demystify how compensation is calculated when patients experience tooth loss as a result of dental negligence and specifically how the availability of implants has increased the level of compensation recoverable, based on claims brought in the jurisdiction of England and Wales.

When a dental negligence case is brought in England and Wales, the starting point for valuing what that claim is worth in terms of damages is to remember that the purpose of those damages is to put the patient in the position they would have been, had the negligent dental treatment never occurred. The components are listed below in Table 1.1

Table 1 Assessing the value of compensation
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References

  1. Judicial College Guidelines for the Assessment of General Damages in Personal Injury Case.

  2. Law Reform (Personal Injuries) Act 1948 s.2(4).

  3. Civil Liability Act 2018 s.10.

  4. RP v Lane (2020), 2020 WL 06063159 (2020).

  5. AG-H v (1) Zaman (2) Hassan (2018), 2018 WL 07681468 (2018).

  6. DR v PC (2018), 2018 WL 07681371 (2018).

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Authors and Affiliations

  1. DWF Law LLP, London, UK

    Vicki Swanton

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  1. Vicki Swanton
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Correspondence to Vicki Swanton.

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Swanton, V. Counting the cost of tooth loss due to dental negligence. BDJ In Pract 34, 25 (2021). https://doi.org/10.1038/s41404-021-0866-5

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  • DOI: https://doi.org/10.1038/s41404-021-0866-5

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