Dental Negligence Glossary

Breach of duty means care falling below the standard of a reasonably competent clinician in the relevant field. Causation asks what difference that failure probably made. Both must be proved. The balance of probabilities is the civil standard: more likely than not. The ‘but for’ test asks what would probably have happened without the breach. A counterfactual is that alternative competent-care history. Bolam refers to responsible professional practice; Bolitho requires that opinion to withstand logical analysis. Montgomery is the leading consent principle requiring disclosure of material risks and reasonable alternatives. A material risk is one a reasonable person in the patient’s position would likely find significant, or one the clinician should know this patient would find significant.

A letter of claim sets out the alleged facts, breaches, injuries and financial consequences after suitable investigation. The letter of response states whether liability is admitted and explains any denial. The pre-action protocol is the framework encouraging exchange of information and settlement before proceedings. A schedule of loss itemises past and future financial claims; a counter-schedule gives the defendant’s response. A witness statement is signed factual evidence in the maker’s own words. An expert report gives independent opinion within the clinician’s expertise. Disclosure is the process of providing relevant documents, including material that may not help the party holding it.

CFA means conditional fee agreement, commonly called no win, no fee. A success fee is the contractual uplift paid if the claim succeeds, subject to rules and the agreement. After-the-event or ATE insurance is cover purchased after the event giving rise to the claim; it can protect defined expenses and costs risks. Disbursements are payments to others, such as expert and court fees. Base costs are the solicitor’s ordinary charges before a success fee. Qualified one-way costs shifting is the general personal-injury rule limiting when a losing claimant must pay a defendant’s costs, subject to exceptions. Proportionality asks whether the time and expense of litigation are reasonable in relation to the issues and value.

General damages compensate pain, suffering and loss of amenity. Loss of amenity means interference with ordinary life, such as eating, speaking, sleeping or social confidence. Special damages are measurable financial losses including treatment, earnings, travel and care. Prognosis is the expert view of likely recovery and future needs. Mitigation is the duty to take reasonable steps to limit loss, such as obtaining suitable treatment; it does not require a patient to accept every risky procedure. Contributory negligence is conduct by the claimant that helped cause the damage and can result in a percentage reduction. An interim payment is money paid before final settlement where the legal conditions are met.

A bitewing radiograph shows the crowns of upper and lower teeth and supporting bone, often to assess decay and periodontal change. A periapical image shows a whole tooth and surrounding root area. An OPG is a panoramic image of the jaws. CBCT is three-dimensional cone-beam imaging used for selected diagnostic and planning questions; DICOM describes the original digital imaging data. Endodontics concerns the dental pulp and root-canal system. Periodontics concerns gums and supporting tissues. Occlusion means the way teeth meet. Paraesthesia is altered sensation such as tingling; anaesthesia is absent sensation; dysaesthesia is unpleasant abnormal sensation. Prognosis may be good, guarded, poor or hopeless, but the expert should explain the practical meaning and expected timescale.

The claimant brings the case; the defendant answers it. A litigation friend conducts proceedings for a child or protected party. Counsel is a barrister instructed for specialist advice, drafting, negotiation or advocacy. Part 36 is a formal settlement-offer procedure with costs consequences designed to encourage sensible resolution; it is not simply another informal offer. Limitation is the deadline for issuing proceedings. Date of knowledge is when the claimant knew or could reasonably have known the essential link between injury and allegedly negligent treatment. An admission accepts a defined point of liability; read its scope carefully. Fundamental dishonesty is a serious finding about dishonesty going to the root of a claim and can lead to dismissal and costs consequences.