Can I claim for loss of earnings in compensation for dentist error with anaesthetic if it has left me unable to work?
You may be able to make a claim for dentist error with anaesthetic; however I cannot give you a definite answer without knowing the particular circumstances of how your dental error occurred and without negligence having been established. Even though the side effects of the anaesthetic may seem like a clear instance of anaesthetic error at dentist, it may still be difficult to prove that it was entirely the fault of your dentist. For example, if you had any underlying health issues then these could have reacted badly with the anaesthetic that was administered. There are a number of factors that will have to be taken into account before initiating a claim so it is in your best interest to contact a personal injury claims solicitor with experience in dealing with dental negligence claims at the first possible moment in order to discuss the details of your possible anaesthetic error compensation claim.
In order to establish your dentist’s negligence your solicitor will obtain documentation from your medical and dental records and the notes from the day of your procedure and they will give these to a panel of independent dental experts to examine. From evaluating the evidence your solicitor provides, the panel will attempt to ascertain why you reacted to the anaesthetic the way you did and if it could have been prevented if the procedure had been carried out by another competent dentist who would have taken alternative actions. They will inform your solicitor of what they conclude and whether or not they consider it to be a demonstration of negligence. Based on their findings, your solicitor will advise you on whether or not it is advisable to proceed with a claim for anaesthetic error at dentist.
If you do have a viable claim then it is likely you will be able to claim for loss of earnings. Not only that, you should be able to claim for a range of other consequences that you have experienced as a result of your dentist error with anaesthetic experience. When your claim is being calculated your solicitor will take into account your age, sex and general state of health prior to dental error, the pain and suffering you have experienced and the impact it has had on your quality of life, both financially and psychologically. Therefore, it is likely you will be compensated for any medical expenses incurred and as well as financial losses you have experienced as a result of being unable to work. This is accounted for in the area of personal injury claim known as special damages. You should be able to claim compensation for your psychological trauma and loss of enjoyment from life as part of the area of personal injury claim known as general damages.
The advice provided here regarding anaesthetic error compensation claim is merely a general overview and it is by no means a substitute for the advice a solicitor with knowledge of your particular situation will be able to provide. Therefore it is in your best interest to contact a solicitor to discuss your claim for dentist error with anaesthetic as soon as it is convenient.