Possible defences to a claim for periodontal disease and gum disease

Bringing a dental claim for gum disease can be a complex process.  Whilst breach of duty of care can usually be proved by a specialist solicitor with the aid of expert evidence by the dentist simply not properly diagnosing or treating your gum disease, the question of "causation" can be much more tricky.

In order to be successful in any periodontal claim, the substandard care must have "caused" an injury. 

There are a number of legal arguments which dentists use to try and defend claims for gum disease, such as:

• That the dental  patient has poor oral hygiene, did not brush properly or floss daily;
• That the dental patient was a smoker.  Smoking is an established contributor to gum disease;
• That the dental patient was an irregular attender at the practice and did not see a dentist regularly;
• That thedental  patient had a family history of periodontal disease which could be hereditary;
• That the dental patient had an pre existing illness or was on medication which contributed to the periodontal disease/gum disease.