How long do I have to bring a claim for dental negligence – Date of Knowledge?
Normally the Statute of Limitations provides two years within which to bring a claim for personal injury or medical negligence. However, when it comes to cases of medical and dental negligence the two year period may have passed before the patient even finds out that something has been done wrong. In these situations the Statute contains an exception to the two year rule known as the Date of Knowledge. Under this rule the two year limitation will not begin to run against the patient until such time as they could reasonably have known about the injury sustained.
How does the process of bringing a dental negligence claim work?
In order to bring a claim for dental negligence it is necessary for your solicitor to take up a copy of all relevant dental records. Once these records have been obtained they will be sent to an expert in the area of dentistry concerned, usually in the UK, in order to obtain what is known as a liability report. This expert will read carefully through the dental records provided, and may also require a consultation with the client before providing the report. This liability report is crucial to any case of dental negligence as it will outline whether or not the client’s treating dentist was in fact negligent and therefore is the first building block of the claim.
The above list outlines the most common cases of dental negligence in Ireland, however, this list is not exhaustive and there are many other areas wherein a dental practitioner can be found to have failed in their duty of care. If you are not sure whether or not you have a statable claim then please call one of our specialists today for a free consultation at Synnott Lawline Solicitors on 1850 20 40 60 or tell us about your case