A Guide To Making Dental Negligence Claims
Read our guide on how to make a dental negligence claim.
£85 million in compensation
A Guide To Making Dental Negligence Claims
Read our guide on how to make a dental negligence claim.
If you have suffered due to poor dental care you could be entitled to claim compensation. Dental negligence could have serious and long-term effects on not just your oral health, but your overall health and wellbeing. In our guide to dental negligence claims, we look at how the claims process works.
We begin by looking at what dental negligence is and provide examples of when you could claim compensation. Our guide also explores how compensation could be calculated for successful dental negligence claims. Following this, there is information on whether the claims process differs if claiming against an NHS or private dentist. Finally, we explain what you need to know about the claims process and show how a No Win No Fee solicitor could help you.
Read our guide below to learn more about making a dental negligence claim. To discuss your case with our team, please,
- Contact us online and complete our form.
- Phone our team on 0151 375 9916.
Am I Eligible To Claim For Dental Negligence?
When you are under the care of a dental professional, such as a dentist, dental nurse or dental technician, they owe you a duty of care. This is the case whether they work in the private sector or the NHS. To meet this duty, dental professionals must ensure that the care they provide meets the minimum correct standard.
Guidelines on standards for dentists are produced by The General Dental Council (GDC). This is the UK’s regulator for dental professionals. Dental negligence may occur when a dentist has failed to meet this duty of care and a patient suffers harm which otherwise could have been avoided or which was unnecessary.
The eligibility criteria to make a dental negligence claim are that;
- You were owed a duty of care by a dental professional.
- The dental professional breached their duty to you (or to a loved one).
- This caused you harm which otherwise was avoidable or unnecessary.
Finally, any claims for harm caused by dental treatment must be started within the limitation period. Later in this guide we will look at examples of dental negligence you could claim for.
Please contact our team today to get free advice on making a dental negligence compensation claim.
Examples Of Dental Negligence You Can Claim For
There are a variety of different ways in which dental negligence could occur. It is crucial that you understand the different types of dental negligence if you believe you were harmed by substandard dental care.
In the following sections, we look at just some of the different forms of dental negligence.
Unnecessary Procedures
Dental professionals should provide patients with treatment which is appropriate and necessary to treat their condition. Undergoing unnecessary procedures could cause unnecessary pain and suffering as well as potentially causing further complications.
Examples of unnecessary procedures may include,
- Extracting the wrong tooth, such as removing a healthy tooth instead of the diseased or damaged one.
- Extracting a tooth where a less invasive treatment could have been offered.
- Recommending or carrying out a treatment which is not clinically justified and which leads to further dental health problems.
Misdiagnosis
It is important that you get a timely and accurate diagnosis of dental and oral health conditions. Misdiagnosis of your condition could lead to you receiving inappropriate treatment. Similarly, a delayed cancer diagnosis could lead to you suffering both further harm and requiring additional or more invasive care.
You could make a misdiagnosis claim where,
- A dental professional failed to identify or treat conditions such as gum disease, or cavities.
- You are given the wrong diagnosis. A condition may be diagnosed as another one, or may not be diagnosed at all. An incorrect diagnosis could result in getting harmful or ineffective treatment.
- Misdiagnosing the signs of a condition, such as oral cancer, causing harmful delays to getting treatment.
Errors During Procedures
Mistakes and errors made during dental procedures could cause serious and long-term effects. Errors may be caused by a lack of proper training.
Examples of errors during procedures may include:
- Causing damage to healthy teeth, nerves or gums.
- Incorrectly placing dental implants. This may result in infection, pain or implant failure.
- Incorrectly administering anaesthesia. This could lead to the patient being left in pain during a procedure.
- The failure to properly sterilise equipment.
If you believe that the wrong tooth has been extracted, your oral cancer was misdiagnosed or that you have otherwise been harmed by negligent dental care you may have a claim. Please contact our team for further advice.
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How Much Dental Negligence Compensation You Can Claim
The amount of compensation you may be eligible to claim will be dependent on the individual factors in your case, such as what pain and suffering you experienced and what financial losses you experienced.
If your dental negligence claim is successful, you will be awarded compensation for your pain and suffering. This type of compensation is called general damages. You may also be awarded compensation for financial losses, called special damages.
How Dental Claims Are Calculated
To help work out what you may be owed for your pain and suffering, those calculating your claim may use both your medical or dental records and the Judicial College Guidelines (JCG). In the JCG, you can find guidelines on compensation for different dental injuries.
Apart from the first row, entries in the table below have been taken from the JCG. The first row illustrates what may be awarded where special damages are taken into account.
| Type Of Harm | Severity | Damages |
|---|---|---|
| Multiple, severe, forms of harm. | Multiple, severe, types of harm and financial losses. | Up to £100,000+ where special damages for financial losses are awarded. |
| Fractures of the jaw | E (i) very serious, multiple fractures. | £37,210 to £55,570 |
| Fractures of the jaw | E (ii) serious fracture, where there are permanent consequences. | £21,920 to £37,210 |
| Fractures of the jaw | E (iii) simple jaw bone fractures which require immobilisation. | £7,880 to £10,660 |
| Damage to teeth | F – significant and chronic tooth pain which extends over a period of years. | Up to £46,540 |
| Damage to teeth | F (i) loss/ damage to several front teeth. | £10,660 to £13,930 |
| Damage to teeth | F (ii) loss/ damage to two front teeth. | £5,310 to £9,310 |
| Damage to teeth | F (iii) loss/ serious damage to front tooth. | £2,690 to £4,820 |
| Damage to teeth | F (iv) loss/ damage to a back tooth. Per tooth. | £1,330 to £2,080 |
Special Damages And How They Affect Your Payout
Special damages are designed to compensate people for financial losses related to the harm they suffered. The misdiagnosis and delayed treatment of oral cancer could lead to more invasive treatment, requiring a person to take an extensive amount of time off work. Similarly, negligently carried out dental treatments may require you to pay for additional care.
Special damages could be claimed for,
- Lost income and earnings.
- Dental bills, including the cost of further or corrective dental treatment or dental surgery.
- The cost of prescription medication, such as that for pain management.
- Transport costs, such as the cost of getting to and from dental care appointments.
If your dental negligence claim is successful, general damages will be awarded automatically. However, to claim for special damages you must provide evidence which shows any financial losses incurred. You could submit copies of invoices for dental treatment, bank statements and payslips.
A specialist dental negligence solicitor could help you to claim general and special damages. They will also ensure that your claim is accurately valued. Speak to one of our advisors to find out more about compensation for dental negligence claims.
Claiming Against NHS Dentists Vs. Private Dentists
Whether you are making a claim against a private dental practice or against an NHS dentist, the process is the same. However, there are some differences in when and how you could make a complaint about negligent dental care.
- If you think you received negligent dental treatment from the NHS you may make a complaint following the NHS feedback and complaints procedure. You could raise your concern or complaint with your dentist or dental practice.
- If you were harmed whilst under the care of a private dental practice, you again may make a complaint directly to them. If not satisfied, you can also raise concerns with the General Dental Council.
The key differences between the two types of claims are the process complaints may go through. However, both follow the same dental claims process. Find out more about how to make a claim, such as for a dental medication error, by contacting us.
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The Process Of Filing A Dental Negligence Claim
The first step in making any type of dental negligence claim is to ensure that you seek medical care and attention. Once you have sought medical attention, you can contact our team to get help with making a dental negligence claim. Whilst you are not under any obligation to work with a specialist dental negligence solicitor, we believe that you could benefit from doing so.
Below, we guide you through other parts of the claims process.
The Evidence You Need For A Successful Claim
In order to make a dental negligence compensation claim, you need to provide evidence. This should be able to demonstrate how your dentist breached their duty of care and how severely you were harmed. You may also submit evidence showing what financial losses you suffered.
Evidence which could prove dental negligence may include:
- A copy of your medical records, such as any x-rays of your teeth.
- Witness contact information.
- A diary of your symptoms.
- Photographs of any visible harm.
Time Limits – How Long You Have To Claim
How long you have to make a dental negligence claim is set out in the Limitation Act 1980. The standard time limit for you to make a claim is three years. This time limit starts on the date on which dental negligence took place, or when you discovered you had been harmed.
However, there are exceptions to this time limit. Where the claimant was a minor or had reduced mental capacity, this time limit is paused. It resumes when either the claimant turns 18 or regains their mental capacity. At this point, the three year time limit begins.
When the limitation period is paused, a litigation friend may claim on behalf of the person harmed.
How Long It Can Take To Receive Compensation
Whilst there are time limits on how long you have to file your claim, there is not a limit on how long it may take to settle. There are several factors which could impact how long your claim takes. These include:
- How severely you were harmed and how long it took you to recover.
- The evidence which you can gather and submit, and how long it takes to gather this evidence.
- Whether the other party (the defendant) accepts their liability and whether they agree to the amount of compensation asked for.
If your claim needs to go to court it may also take longer to conclude. Please contact our team to learn more about how dental negligence claims work.
Why Choose JF Law’s Solicitors?
We understand that you do not need to work with a solicitor on your dental negligence compensation claim. However, we believe that there are strong benefits to claiming with a solicitor. We also believe that our solicitors could help you. They could help to simplify the claims process.
To help you make a compensation claim, they could:
- Help to collect evidence showing what negligent dental treatment occurred.
- Explain any legal jargon or dental terminology.
- Handle correspondence and communication with other parties to the claim.
- Ensure your claim is started within the time limit.
No Win No Fee Dental Negligence Claim
Our solicitors could support dental negligence claims on a No Win No Fee basis. This may be done by offering you a Conditional Fee Agreement (CFA). There are several benefits to claiming with a No Win No Fee solicitor. These include:
- Not having to pay for your solicitor’s work either in advance or whilst the claim is in progress.
- No solicitors fees to pay if your dental negligence claim is not successful.
In fact, you will only pay for your solicitor’s work if you win your claim. This is called a success fee. This fee is a percentage of your compensation. There is a legal limit on the percentage which may be charged.
- Call our advisors on 0151 375 9916.
- Fill out our contact us form.
More Information
Here we include further guides which may be helpful to those harmed by negligent medical care.
- Learn how to claim for a medication error in this guide.
- Check if you could make a misdiagnosis claim in this guide.
- Learn more about the No Win No Fee claims process.
These external resources may also be helpful.
- The General Dental Council sets standards and guidance for dental practitioners to follow.
- You can find out about NHS dental services in this guide.
- The Care Quality Commission (CQC) is an independent regulator of social and healthcare services in England. Find out how to complain about a service or provider here.
In this guide, we have looked at how a specialist dental negligence solicitor could help you. To get expert guidance on dental negligence claims, please contact our team.
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