Skip to content 
How To Make Dental Negligence Claims
Find out how dental negligence claims work and how our No Win No Fee solicitors could support you.
£100 million in compensation
How To Make Dental Negligence Claims
Find out how dental negligence claims work and how our No Win No Fee solicitors could support you.
AS SEEN ON
Dentists provide a range of everyday and specialist treatments. They may work in the private sector or for the NHS. Treatments could include dental cleaning, tooth extractions, implants, treatment for gum disease, root canal treatment, and many others. Negligent treatment could encompass a dentist failing to correctly diagnose a condition, treatment or medication errors, nerve damage, or mismanagement of conditions. Dental negligence claims could be made no matter who provided your treatment or what care you received, if it fell below acceptable and expected professional standards.
Dental negligence compensation claims can enable those harmed to seek damages for both the physical harm suffered and any resulting financial losses. Our specialist dental negligence solicitors bring personalised help and support to the claims process. One of our solicitors could provide their services on a No Win No Fee basis, meaning you won’t have to make any upfront payments for their services.
Talk to us today to find out how we could help you.
- Phone 0151 375 9916.
- Contact us using our form.
What Are Dental Negligence Claims?
Dental negligence claims are a way to seek compensation from dental professionals in cases where the care provided fell short of acceptable professional standards and patients suffer unnecessary physical and/or psychological harm. This harm could involve injury and/or illness, leaving those harmed with (potentially) serious consequences. You may be left with long-term health complications, need to take time off work, and require medical treatment.
Dental negligence claims may be made against any healthcare professional providing dental care. This can include dentists, orthodontists, dental hygienists, and technicians.
Contact one of our advisors if you have been harmed by negligent dental care. They could help you to understand your rights and assess if your claim has merit.
Can I Claim Compensation For Negligent Dental Treatment?
Yes, you could claim compensation for negligent dental treatment if a dental professional failed to provide care meeting acceptable standards, causing you avoidable harm. Dental negligence claims must satisfy these criteria.
1. Duty Of Care.
Dental professionals, such as dentists, dental technicians, nurses, and others, must provide care in line with acceptable professional standards. This may include those set by the General Dental Council, NHS, or other professional bodies.
2. Breach Of Duty.
The dental professional treating you failed to meet these standards, breaching their duty of care. This can be through either action or inaction. They could fail to provide dental treatment which would be expected of a competent dental professional. For example, a dentist may fail to diagnose the symptoms of gum disease, allowing the condition to spread.
3. You Were Harmed.
Crucially, you need to show that the above breach by a dental professional directly resulted in you suffering harm. This could be direct harm caused by a dentist carrying out an unnecessary procedure, the failure to diagnose cancer, or procedural errors.
Can I Claim Compensation Against A Negligent NHS Dentist?
Yes, you could claim against an NHS dentist if the care they provided fell below acceptable standards, resulting in avoidable harm. Your claim will need to satisfy the criteria above, demonstrating that you were owed a duty of care, that this was breached, and that the breach harmed you.
Cases involving NHS dentists are handled by NHS Resolution. This is an arms-length government body which handles and resolves clinical claims, awarding compensation.
Can I Claim For Negligent Private Cosmetic Dental Work?
You could claim for negligent private, cosmetic, dental work (such as teeth straightening or veneers) if the treatment was carried out in a substandard fashion, resulting in harm. This harm may include causing new conditions or illnesses, or worsen an existing one.
Dentists working in the private sector or the NHS must meet the same medical standards of care. If the dental treatment you received fell below that expected of a competent medical professional, our team could help you. Get in touch with an advisor today.
Authorised, Regulated & Trusted by Thousands
Can I Claim Dental Negligence Compensation On Behalf Of My Child?
You could make a dental negligence compensation claim on behalf of your child if they are under the age of 18. This is because those below this age are unable to initiate legal proceedings, such as litigation for negligent dental care, on their own behalf. You may act on their behalf at any point prior to their turning 18.
To do so, you must act as their litigation friend. This is a role appointed by the court which involves,
- Making decisions in the child’s best interest through the claim
- Instruct and work with a solicitor, such as signing legal documents.
- Keeping the child informed (as much as possible) about the case’s progress.
- Manage or oversee any compensation awarded to the child and deposited into a Court Funds Office Account.
You can find out when and how to claim for negligent dental care on behalf of a child by getting in contact with a member of our team.
What If The Dentist Denies Fault For The Injuries Sustained?
You can still take legal action against a dentist who denies fault for any injuries you have sustained. If the dentist denies that negligent treatment caused the injuries you sustained your case can still proceed, establishing the same criteria outlined earlier in this guide, showing that the care the provided fell below acceptable professional standards, causing you harm.
You can use evidence such as your dental records and expert testimony from an independent medical assessment to establish whether your case satisfies these criteria. If your solicitor is unable to successfully negotiate with the dentist or their representatives, your case may need to go to court. This occurs in a very small percentage of cases, with most settling out of court.
If your case does go to court your solicitor can prepare your case, ensuring you are in the best possible place to make a successful claim at the court.
We pride ourselves
on providing the best service
possible for our clients.
We pride ourselves on providing the best service possible for our clients.
What Are Some Examples Of Dental Negligence That Might Occur?
Examples of dental negligence can include wrong tooth extractions, nerve damage, poor oral surgery, and the failure to diagnose oral cancer. Below, we look at some common and potential examples of how dental negligence might occur.
Negligent Tooth Extractions
Examples of negligent tooth extractions could include a dentist removing the wrong tooth from a patient, requiring the patient to undergo further oral surgery to remove the correct one and place a false tooth in. Incorrectly performed extractions could also cause severe pain and damage to the surrounding teeth or gums. Negligently performed extractions could lead to infections.
Dental Diagnosis Negligence
Dental diagnosis negligence could include the failure to correctly diagnose a condition such as tooth decay or periodontal disease. Misdiagnosis of oral cancer could result in serious complications for a patient, such as disease progression and the need for more invasive treatment. In some cases, this can even be fatal.
Dental Nerve Damage
Dental nerve damage can occur during negligently performed tooth extractions, root canal surgery, or dental implants. Causes can include the failure to take or properly review scans (such as x-rays), incorrectly performing oral surgery, or ignoring patient reports of pain during or following a procedure.
Negligent Root Canal Treatment
Negligent root canal treatment could include a dental professional failing to remove all the infected tissue, over- or underfilling the root canal, allowing for infection, and perforating the side of the root, requiring immediate treatment to prevent a tooth being lost. These could leave a dental patient facing surgery, experiencing pain, or losing a tooth.
Dental Implant Negligence
Dental implant negligence could be caused by inadequate pre-operative assessments (such as by not carrying out x-rays), improperly placing an implant, damaging nerves, and the failure of the implant to fuse with the jaw due to infection or poor technique.
Cosmetic Treatment Negligence
Negligence in cosmetic dentistry could include a dentist performing an incorrect or unnecessary dental procedure, surgical negligence which leaves the patient with avoidable scarring, poor aftercare leading to infections, or a failure to provide proper advice and information to the patient before surgery.
Dental negligence can also occur when patients are not able to give informed consent about a cosmetic procedure. Learn more about when and how to make dental negligence claims by contacting us.
How Much Compensation Can Dental Negligence Claims Award?
How much compensation for dental negligence you could be awarded may be based on guidelines published by the Judicial College. These guidelines cover a variety of different forms of harm, providing compensation brackets for these. Solicitors and other legal professionals may turn to these guidelines when placing a value on your claim.
You can view example figures from these guidelines in the table below. Please note that row 1 illustrates a total settlement with an award for financial losses. It is not a Judicial College figure. Furthermore, this table is only intended to be used as a guide.
| Harm | Notes | Compensation |
|---|---|---|
| Multiple forms of harm + special damages for dental treatment, lost income, or care. | Including the most severe dental injuries. | Up to £100,000+ with special damages. |
| Fractured jaw (i) | Very serious, multiple fractures, a prolonged period of treatment and permanent effects. | £37,210 to £55,570. |
| Fractured jaw (ii) | Serious jaw fractures which have permanent effects, such as problems opening the mouth. | £21,920 to £37,210. |
| Fractured jaw (iii) | Simple fractures from which you can make a complete recovery. | £7,880 to £10,660. |
| Damage to teeth | Significant, chronic pain (may be caused by untreated abscesses) and general deterioration of teeth’s condition. | Up to £46,540. |
| Damage to teeth (i) | Loss/ damage to several front teeth. | £10,660 to £13,930. |
| Damage to teeth (ii) | Loss/ damage to two front teeth. | £5,310 to £9,310. |
| Damage to teeth (iii) | Loss/ damage to a front tooth, | £2,690 to £4,820. |
| Damage to teeth (iv) | Loss/ damage per back tooth. | £1,330 to £2,080. |
Please contact us for a full assessment of your case’s value.
Can I Be Awarded Special Damages In Negligent Dentist Claims?
You could be awarded special damages, such as those for lost income or medical costs, in negligent dentist claims. Special damages may include,
Lost Income
Income may have been reduced or otherwise lost due to time taken off work during your treatment and/or recovery.
Medical Costs
This could include the cost of dental care to correct problems caused by negligent treatment or the cost of treating dental conditions which were misdiagnosed, etc.
Care Bills
Care costs could include the cost of domestic care and support provided by a loved one or professional service if you required help with tasks such as preparing food or cleaning while you recovered.
Travel Expenses
These can include the cost of travelling to attend medical or other appointments related to your case.
Can Compensation Cover The Cost Of Damage Repair?
Yes, your compensation could cover the cost of damage repair, such as the cost of dental implants. You could claim the cost of dental care already paid for as well as the cost of future, anticipated treatment.
You will be expected to prove your costs. For example, you can present receipts for painkillers, invoices for domestic help and your payslips that show when you were off work.
Talk to an advisor to learn more about how dental negligence claims may be valued.
What Is The Process For Claiming Dental Negligence Compensation?
The dental negligence compensation claim process involves proving the dentist breached their duty of care, that this caused you harm, and submitting a claim within 3 years.
1. Get Dental Or Medical Treatment
The most important step you can take is to obtain any further medical treatment you need. This could include getting treatment for a condition which was misdiagnosed, or to correct negligent surgery.
2. Collect Evidence
Once safe to do so, you should collect as much evidence as you can supporting your account. This could include,
- Your dental/ medical records.
- Testimony from an independent expert.
- Witness contact details.
- Photos of visible injuries.
3. Report The Incident
Incidents of dental negligence can be reported to the dental practice in the first instance. You may also report incidents to the NHS via your local integrated care board. Serious incidents or concerns about a dental professional can be reported to the General Dental Council.
4. Keep Any Ongoing Records
Ongoing records can include details of the impact negligent treatment had on your dental health and any wider impact on your life. You could record daily pain levels, treatment you needed, and appointments you attended.
5. Talk To A Specialist Solicitor
A specialist dental negligence solicitor, such as one from JF Law, could help you to make a successful claim. Our solicitors are experts at helping people to make successful No Win No Fee dental negligence claims.
6. Claim Within The Time Limit
You must ensure that you make a claim within the time limit, typically 3 years from the date of the incident. This limit is set by the Limitation Act 1980.
You can read more about how to prove medical negligence and the limitation period in our dedicated guides.
Claiming For Dental Negligence With JF Law
Claiming for dental negligence with JF Law enables you to access the services of our specialist solicitors on a No Win No Fee basis.
Why Choose Our Expert Dental Negligence Solicitors
Our dental negligence solicitors offer a specialised, compassionate, and expert service. Just some of the benefits of working with JF Law include,
- Access to specialist, in-depth knowledge on dental negligence claims.
- Expertise in successfully concluding a variety of different types of dental negligence cases.
- Comprehensive support throughout the claims process.
- Help accessing further support services, such as access to therapy or medical care.
- An explanation of key legal terms used.
Can I Claim Dental Negligence Compensation On A No Win No Fee Basis?
You could claim dental negligence compensation on a No Win No Fee basis with one of our specialist solicitors. By doing so, you can access expert legal support without having to make upfront or ongoing payments for your solicitor’s services. Doing so also means you won’t face any solicitor’s fees if the claim is unsuccessful.
To provide their services on a No Win No Fee basis, the solicitor may use a Conditional Fee Agreement. Under this, they would charge a success fee if you do win. This fee is charged as a percentage of your compensation and there is a legal limit on this percentage.
Contact JF Law To Begin A Dental Negligence Claim
Contact JF Law to begin your dental negligence claim.
- Call 0151 375 9916.
- Use our Contact form.
Frequently Asked Dental Negligence Questions
Find the answers to frequently asked questions about dental negligence below.
Can A Failed Dental Procedure Be Negligence?
Failed dental procedures can be the result of negligence. However, dental procedures can also fail even if a dentist adheres to the highest standards of care. In such cases, you may not be able to claim.
Can I Switch Solicitors During My Dental Negligence Claim?
You can switch solicitors during your dental negligence claim if you are unhappy with your case’s progress or are otherwise unhappy with their service. However, fees may apply.
How Long Do Dental Negligence Claims Take?
How long dental negligence claims take depends on the complexity of the case and whether the dentist accepts liability for the harm suffered. A solicitor can help you understand how long your claim will take.
Will I Need To Attend Court If I Claim For Dental Negligence?
It is unlikely that you will need to attend court. Dental negligence claims may go to court if the dentist denies liability or if parties are unable to agree upon a compensation settlement.
Contact us to learn more about making a dental negligence claim.
Learn More
Learn more about compensation claims in these resources.
- See how to claim for a delayed cancer diagnosis.
- Learn more about NHS compensation payouts here.
- Find out how to claim against a private hospital.
References.
- See how to find an NHS dentist here.
- View standards of service set by the British Dental Association.
- Check how to complain to the independent regulator of health and care services in England, the Care Quality Commission, here.
Please contact us today for help with dental negligence claims.
Contact Us
Our helpline is open 24 hours a day, 7 days per week.
All calls are free and there’s no pressure whatsoever to proceed with a compensation claim.
If you write to us, we aim to respond within an hour or two, and no more than a few hours.
Request a Callback