ABSTRACT
A complaint provides an opportunity for resolution but if it is not resolved, the patient may resort to litigation. The law regarding professional negligence, and the usual legal process, is often complex and this chapter outlines litigation in England and Wales. To succeed in a dental claim a patient has the burden of proof which means that they must show that the dentist was negligent. The three essentials that claimants must prove in every case are: duty of care and breach of that duty, causation, and harm/injury. Compensation is usually paid in dental cases on a 'once-and-for-all' settlement and provisional damages settlements are rare. General damages are an award for pain and suffering associated with the injury suffered. The amount is calculated with reference to previous judgements in cases regarding similar injuries or guidelines. Legal costs can be substantial due to often technically complicated nature of dental negligence cases and generally costs are greater than the amount of compensation paid.
