Claim for Nerve Damage to Lips by a Dentist
Can I make a claim for nerve damage to lips by a dentist for my son who is thirteen, even though it happened four years ago? Ever since he has had difficulty speaking and we have only just found out what has been wrong with him.
It may be possible to claim for nerve damage to lips by a dentist in this instance, however you are best advised to contact a personal injury claims solicitor with experience in nerve damage injury from a dentist claims at the first possible moment. You should discuss with them the circumstances in which your son sustained this nerve damage, the delay in diagnosis and the impact this lip nerve damage injury has had on his (your son’s) life. Once the solicitor is informed of the specific circumstances of the injury he or she will be able to determine the viability of your claim and whether or not it would be worth pursuing.
Even though this nerve damage occurred four years ago you still may be able to make a claim nevertheless due to a number of factors. The UK Statute of Limitations generally imposes a limit of three years on potential claimants in which they can initiate a claim for an accidental injury that was not their fault. It was first introduced in 1980 as part of the Limitations Act. Its purpose was to ensure that claims would only be made while evidence was still recent and negligent parties would not have to continually fear litigation. However, this Statute applies somewhat differently to child injury claims.
This is because while children are under the age of 18 they are considered minors under UK law and they are not permitted to advise a solicitor or pursue a claim on their own behalf. However a claim can be made on their behalf by a parent or legal guardian who has the option of representing their child as a “litigation friend”. Otherwise, a child will have until they are 21 to make a claim for nerve damage to lips by a dentist as this usual three year time limit will not begin until they turn 18. Furthermore, even though it does not apply, since your son’s lip nerve damage injury has only just been determined, the three year time limit would only have begun on the date that it was discovered which from what you have said is very recently.
Nerve damage injury from a dentist claims can be complicated as in order to make a claim negligence will have to be established. A solicitor will be able to help in doing this. The solicitor will contact the dental team involved in the procedure in which your son sustained nerve damage injury and obtain all the relevant dental notes. However, this could take slightly longer than usual due to the fact that it was sustained so long ago. The solicitor will show these notes to an independent dental professional who will examine these notes and determine whether or not your son’s nerve injury could have been avoided if alternative steps had been taken and if another competent dental professional had been performing the procedure. If the expert concludes that there had been a demonstration of negligence in your son’s procedure, your solicitor may offer you legal representation for your son’s lip nerve damage injury claim.
It is in your best interest to contact a personal injury claims solicitor without delay. By discussing your son’s potential claim for nerve damage to lips by a dentist with a solicitor you will be able to find out the strength of this claim and all of your options when it comes to proceeding with a claim for compensation.