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Did a Dental Procedure Go Wrong?

Dental negligence, you went in for routine care—a filling, extraction, a cosmetic tweak—but something felt off afterward. Maybe you’re still in pain, struggling to eat, or worrying about lasting effects. If the procedure caused serious harm due to avoidable mistakes, you deserve answers—and support to get them.

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Dental Negligence

What is Dental Negligence?

Dental health is a crucial aspect of our overall well-being. From regular cleanings to treatments such as root canal surgeries, we place a great deal of trust in our dental professionals, relying on their expertise to maintain our oral health.

Dental visits can sometimes be daunting, but the assurance of skilled and compassionate care helps alleviate our concerns. Unfortunately, there are instances when dental procedures do not go as planned.

Dental negligence occurs when a dental professional fails to provide the standard of care expected of their profession, resulting in harm or injury to the patient. For the patient, this can mean unnecessary pain, additional treatments, emotional distress, and even disfigurement.

Discuss Your Case With Our Medical Negligence Solicitors

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What Counts as Dental Negligence?

Under Irish law, dentists are medical professionals, and they must provide care as diligently as any doctor would. You may have a claim if:
  • Nerve damage causes long-term numbness or pain
  • Infections arise from poor hygiene or sterilisation
  • Oral cancer or gum disease isn’t picked up in time
  • You were given the wrong tooth extraction, root canal, crown, or implant
  • Fillings, crowns, or veneers were done badly and caused ongoing pain or jaw issues
  • Cosmetic procedures failed—misaligned or chipped veneers, unsuitable braces
  • Anaesthetic mishaps: over/under dosage, allergic reaction
  • A fracture occurred—jaw, root, or surrounding bone

 
These errors can lead to infections, loss of function, disfigurement—and even life-changing consequences.

Medical Negligence Claims

Cosmetic Surgery Claims

  • Cosmetic Surgery Claims
  • Blepharoplasty Claims
  • Rhinoplasty Claims
  • Liposuction Error Claims
  • Gastric Band Surgery

Medical Care and Surgery Claims

Birth & Gynaecological Claims

  • Birth Injury Claims
  • Cerebral Palsy Claims
  • Erb’s Palsy Disorder Claims
  • Gynaecological Injury Claims
  • Obstetric Injury Claims
  • Forceps Injury Claims
  • Perineal Tear Injury Claims

Oncology Claims

    Time Limits for Medical Negligence Claims in Ireland

    You have two years to start a medical negligence claim* from the date of injury or from when you became aware of the negligence (“date of knowledge”).

    For children, a claim can be made any time before they turn 18, after which they have two years to claim themselves.

    If the injury isn’t discovered immediately, the time limit may begin from the date it was identified by a doctor or medical expert

    Where can Medical Negligence occur?

    Public & Private Hospitals

    Public & Private Maternity Wards

    Public Cosmetic Hospitals

    Dental Surgeries

    Opticians

    How We Work: Step By Step Process

    A medical negligence claim typically moves through investigation, expert assessment, pre‑litigation steps and then, if not resolved, formal court proceedings and potential trial. In Ireland these claims usually bypass PIAB and issue directly in the courts due to their complexity.

    1. Initial investigation

    - Take a detailed history of treatment, symptoms, and alleged failings, and identify potential defendants (GP, consultant, hospital, HSE, private clinic).

    - Obtain and review all relevant medical records, imaging and test results, along with any prior complaints or correspondence.

    2. Expert opinion and case assessment

    - Instruct an appropriately qualified independent medical expert to address both negligence (substandard care) and causation (did that substandard care cause the injury).

    - Only if a supportive expert report is obtained will a solicitor typically advise proceeding with a medical negligence claim.

    3. Pre‑action steps

    - Send a detailed letter of claim to the practitioner/hospital/HSE, setting out the alleged negligence, injuries, and inviting proposals to settle; protocols increasingly encourage early disclosure and ADR.

    - Allow time for a reasoned response (admissions/denials, records and possibly expert reports) and explore negotiation or mediation where appropriate.

    4. Issuing proceedings

    - Draft and issue a Personal Injuries Summons (or equivalent originating document), usually in the High Court, pleading the factual narrative, alleged breaches, causation and loss, supported by the expert opinion.

    - Serve proceedings on the defendants, who will enter an Appearance and Defence, often accompanied by their own expert reports; further condition and prognosis reports may be obtained as the case progresses.

    5. Case management, resolution or trial

    - Engage in discovery, exchange of witness and expert reports, and attend case‑management or clinical negligence list reviews, with ongoing settlement discussions or ADR.

    - If not resolved, proceed to trial where the judge assesses expert and lay evidence on breach, causation and quantum, and awards or dismisses the claim; limitation is generally two years from the date of injury or knowledge, subject to special rules for minors.

    Because your story matters-just like theirs ..

    Thank you so much Guys !!
    I am writing this review as an absolute necessity as I cannot let the work done by Gibson and associates to go by without acknowledgement. I would recommend this firm to anybody in need of legal assistance.

    I want to single out Ms Anna O Donoghue for a special thank you for exceptional knowledge and the professionalism needed for the complexity of these cases that we brought to Gibson and associates, Thank you Anna, we would have been lost without you.

    Also a massive thank you to our amazing barrister Mr John Kerr BL, unbelievable professionalism honesty and knowledge and a great result for us . Thank you all for the hard work you all did for us Sinead Ivory and the team at Gibson and associates.

    Michael Waters

    Always kept me updated throughout the case and very happy with their work .

    Keith Ahern

    Pleasure to deal with!
    Gibson & Assoiciates are pleasure to deal with, they where very helpful from the start and provided great communication all the way through my case and where always available when I needed them, especially Jessica who always found the time to provide me with updates. 5 star service!

    Joe

    Great service provided over the long process, caused by post pandemic backlog in court. Great contact and frequent updates gathered from company representative. Very kind and helpful assistance received. Definitely recommend Gibson and Associates LLP to care about your cases.

    JJakub Babiarz

    What Causes Dental Negligence?

    Dental professionals have a legal duty to uphold specific standards of care. When they breach these standards, it can result in dental negligence. The cause of dental negligence can be varied, with responsibility resting with a range of dental professionals, such as:

    Dentists

    As the primary professionals for diagnosing and treating dental conditions, their errors in judgement, treatment, or care can lead to negligence claims.

    Oral Surgeons

    Specialising in surgical procedures, their mistakes can have serious consequences including nerve damage or improper extractions.

    Dental Hygienists

    Responsible for cleanings and initial assessments, their negligence can result in unaddressed or worsening dental issues.

    Orthodontists

    Tasked with aligning teeth and jaws, their errors can lead to prolonged treatment or unnecessary discomfort.

    Dental Nurses

    Assisting in procedures and patient care, their negligence in preparing tools or monitoring patients can cause harmful outcomes.

    Dental Technicians

    Creating dental prosthetics, such as poorly made crowns, bridges, or dentures, can cause pain and injury and require corrective procedures.

    Dental negligence can arise from inadequate training, lack of attention to detail, failure to follow proper protocols, or miscommunication within the dental team. Lapses in care compromise the quality of treatment and jeopardise the patient’s oral and overall health. Continuous education, strict adherence to safety guidelines, and effective communication are essential to prevent these occurrences and protect patient welfare.

    Why you can trust Gibson & Associates LLP

    Client-Focused Results

    If your case qualifies, we’ll pursue it with determination and diligence to get the best possible result for you

    Clear & Honest Guidance

    We offer transparent, straightforward advice on the strength of your case and the likely outcomes—no legal jargon.

    Accredited & Trusted

    We are proud members of the Law Society of Ireland, delivering expert legal services with integrity and care.

    Experienced Personal Injury Solicitors

    Our dedicated team has years of experience handling personal injury claims — from road traffic accidents to workplace injuries.

    Experienced Negligence in a Dental Treatment? Gibson & Associates Can Support You

    1. Compassionate First Contact

    We begin with a free, confidential chat—you tell your story at your own pace. We don’t pressure you to decide immediately; we’re here to listen.

    2. Medical Review with Trusted Experts

    If your situation aligns with possible negligence, we:
    If potential negligence is identified, we collect your HSE or private hospital records and work with independent medical experts to uncover whether standards were breached and how it impacted you.

    3. Handle the Legal Journey for You

    Legal claims can feel overwhelming. We manage every part:

    • Formal requests for medical documentation and records
    • Expert medical and legal reports
    • Communication with hospitals and insurers
    • Negotiation or court representation (most settle before trial)

    You stay informed—but we protect your time and energy.

     

    4. Clear, Compassionate Communication

    We explain every step in everyday language—no jargon. We break down each stage, explain choices clearly, and make sure you always know why we’re moving forward and when.

    5. Claiming What You Deserve

    Compensation may include:

    • General damages for pain, suffering, and loss of lifestyle.
    • Special damages for treatment costs, rehabilitation, home support, lost earnings, and travel

    Here are some Gentle Steps for You Right Now

    • Pause and seek support. Your recovery is the priority—lean on trusted family, friends, or support services.
    • Collect any records you have. Even notes or receipts could be meaningful later.
    • Reach out when you’re ready. We offer free initial chats to explain timelines (including the 2‑year deadline from awareness of harm) and what a claim might involve.
    • Respect your pace. There is no pressure to proceed; we’re here to support you when you choose.

    How We Support You

    If you feel you are the victim of dental negligence or that your health suffered as a result of negligence on the part of a medical professional, it may be helpful to get in touch with an experienced solicitor in order to have your case assessed

    At Gibson & Associates LLP, we offer specialist knowledge to Irish claimants in cases of dental negligence, and we can assess your case for compensation with the utmost care and attention to detail.

    Book a FREE Discovery Call

    Medical Assessment

    Arranging medical assessment to identify your needs.

    Handling Communications

    Handling all communication throughout the process

    Exploring Legal Options

    Exploring options to help you decide what is best for you

    Court Representation

    Representing you in court if this is needed

    Our Dedicated Medical Negligence Team

    Daireann Gibson
    Managing Partner

    Amanda Walsh
    Partner

    Anna O’Donoghue
    Solicitor

    Blathin Cassidy
    Soilcitor

    Sarah McDaid
    Senior Legal Executive

    Medical Negligence FAQ's

    1. Is there a time limit before engaging with a solicitor?

    Legal proceedings must be commenced within two years of the date of knowledge of the injury, subject to certain exceptions. In a lawsuit, the ‘date of knowledge’ refers to the date on which the plaintiff knew or ought to have known that he or she had suffered an injury.

    An important exception is in the case of persons under the age of 18, who are described in law as minors or infants. For minors, the Statute of Limitations ‘clock’ does not begin until a child reaches their eighteenth birthday. For more information see Child Injury Claims.

    2. What will compensation cover?

    Compensation for a brain injury claim may cover medical expenses, lost wages, future medical bills, future lost earnings, and will take into account the impact of the injury on the individual’s quality of life. Our brain injury solicitors assess each case thoroughly to determine an outcome that is in your best interests.

    3. How do I access my medical records?

    A copy of your medical records can be requested from the hospital, clinic, or medical professional that treated you under the Freedom of Information Act. Alternatively, we can arrange to obtain a copy of your records on your behalf; to do so, you will need to sign an authority form that gives us permission to obtain your records.

    4. What does 'No Win, No Fee' mean?

    The concept of “no win, no fee” (also known as “no foal, no fee”) is common practice among solicitors in Ireland. Under this type of agreement, the solicitor will take on your personal injury or any other type of case, and if the case isn’t won, the solicitor won’t charge you a fee. The sole purpose of “no win, no fee” is to give you the legal power to pursue a claim regardless of your financial state or legal experience.

    5. How Long will the Medical Negligence claim take?

    As a term used in personal injury litigation, general damages refer to the amount placed on the victim’s pain and suffering, which may include psychological trauma, loss of consortium, etc. In essence, general damages relate to non-monetary losses suffered by the claimant and which are not capable of exact quantification.

    The term special damages refers to monetary losses that are quantifiable, such as medical treatment expenses or income loss that has been certified. These are consequential financial losses suffered by you which are directly to the negligent treatment and harm caused.

    In other words, these are ‘out-of-pocket’ expenses incurred which might also include the cost of corrective surgery or treatment, medication, rehabilitation costs, travel expenses, and so on.

    Case Studies

    Medical Negligence

    Birth Injury Claims: What Parents Need to Know in Ireland

    Birth Injury Claims: What Parents Need to Know in Ireland

    Birth injuries can have lifelong consequences for both child and parent. If medical negligence is suspected—such as delayed Caesarean sections or mismanaged labour—parents may be entitled to pursue a claim. In Ireland, claims can be made on behalf of the child or mother, with extended time limits applying to minors.

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    Medical Negligence FAQ's

    1. Is there a time limit before engaging a solicitor for my potential medical negligence action?

    There is no separate deadline for engaging a solicitor in Ireland, but medical negligence actions are generally subject to a two-year limitation period. Seeking legal advice as early as possible is important, as investigating a case requires obtaining medical records, consulting experts, and preparing evidence before any limitation period expires.

    2. What can I recover by way of compensation if my case succeeds?

    Compensation depends on the circumstances of your case and may include damages for pain and suffering, medical expenses, loss of earnings, care costs, rehabilitation, travel expenses, and other financial losses caused by the negligence. In some cases, compensation may also cover future treatment needs and ongoing losses.

    3. How do I access my medical records?

    We can request your medical records on your behalf once you sign a form of authority. This allows us to obtain records directly from hospitals, GPs, consultants, and other healthcare providers involved in your treatment. Reviewing these records is often an essential first step when investigating a potential claim.

    4. What does ‘No Win, No Fee’ mean?

    A No Win, No Fee arrangement means we will not charge for our professional legal services if your case is unsuccessful, subject to the terms of our agreement. However, certain expenses, such as expert reports, medical records, and court fees, may still be payable unless otherwise agreed in writing.

    5. How long will a Medical Negligence Claim take?

    There is no fixed timeframe for a medical negligence claim. The process can take months or several years, depending on the complexity of the case, the availability of medical evidence, whether liability is disputed, and if court proceedings are required. We will keep you updated throughout the process and progress your case as efficiently as possible.