Dentist Error with Anaesthetic

How do I claim for a dentist error with anaesthetic? My doctor believes I suffered hypoxia as a result of the dentist administering too much nitrous oxide.

Because a claim for dentist error with anaesthetic is resolved by medical opinion rather than by tangible evidence, the Injuries Board will decline an application for assessment submitted to them and you will have to use a solicitor to pursue a claim for hypoxia due to dental negligence.

However, even though your doctor has suggested that you may have suffered hypoxia due to being administered too much nitrous oxide, it still has to be confirmed that this was indeed the case and that the excessive amount of nitrous oxide administered to you was due to the negligence of your dentist.

Therefore, a solicitor would ask you to explain the treatment you underwent at the dentist, how soon it was afterwards that you started to experience the symptoms of hypoxia and how long these symptoms continued before you went to your doctor to seek professional medical attention.

Your solicitor would then obtain the relevant notes relating to your dental treatment and the medical records from your doctor in which he or she diagnosed hypoxia, and have these reviewed by an independent medical expert. If the expert agrees with your doctor´s diagnosis and that ‘on the balance of probability’ the hypoxia was caused by an excessive amount of nitrous oxide being administered, your solicitor will recommended to you that you proceed with a claim for hypoxia due to dental negligence.

The process for claiming compensation for a dentist error with anaesthetic is that your solicitor would send a ‘Letter of Claim’ to your dentist – or the hospital/clinic to which they are attached – advising them that you are making a claim for dental anaesthetic injury compensation and supporting the letter with the evidence of alleged negligence compiled by the medical expert.

If liability for your injuries is acknowledge by your dentist, your solicitor will enter into negotiations with the dentist´s medical insurers to obtain an appropriate settlement of dental anaesthetic injury compensation. If liability is denied, your solicitor will discuss with you your options; which may include the issuing of proceedings to have your claim for hypoxia due to dental negligence resolved in court.

Provided that your solicitor has compiled the strongest possible claim for a dentist error with anaesthetic, court action is unlikely. However, in order to ensure that your solicitor has every opportunity to construct a solid claim on your behalf while evidence of alleged negligence is at its most recent, it is recommended that you contact a solicitor without delay.