Dentists are a vital part of our healthcare infrastructure, conducting both regular check ups and dental treatments for their patients. Untreated dental issues can lead to infections, tooth loss and potentially some cancers so it’s very important your dentist upholds the correct standards of care. If these standards are not met and avoidable harm is caused, dental negligence claims could be made.
Our panel of expert dental negligence solicitors can offer eligible claimants a range of services and support, utilising their many years of experience and proven success across a variety of claims. A solicitor can calculate a compensation figure as well as negotiate that amount on your behalf, operating to strict No Win No Fee terms. You can get your free eligibility check today by speaking to our advisors.
Key Takeaways
- Dentists are trained healthcare professionals who have a legal responsibility to provide the correct standard of dental care to their patients.
- If this responsibility, known as a duty of care, is not met, a patient could experience avoidable, and potentially quite serious, harm.
- As well as impacting eating and speech, damage to the teeth can seriously affect the appearance of your face, with significant psychological effects.
- The solicitors on our panel have proven success across a variety of healthcare negligence claims so could help you claim against a dentist on a No Win No Fee basis.
- Our advisors maintain a 24/7 presence so if at any point you have questions, or concerns, or are looking for a free eligibility check you can contact us whenever it suits you.
Contact An Advisor
- Call us on 0800 073 8803
- Use our contact us form to get in touch
- Speak to a real person in our live chat
Select A Section
- What Are Dental Negligence Claims?
- Can I Claim For Dental Negligence?
- How Much Compensation Can I Get For Negligent Dental Work?
- How Long Is The Dental Negligence Claims Time Limit?
- What Are Some Examples Of Dental Negligence?
- How Can I Prove The Damage Caused By My Negligent Dental Treatment?
- Do I Need To Complain To My Dentist In Order To Claim?
- Will I Have To Find A New Dental Practice If I Claim?
- Can I Make A No Win No Fee Claim For Dental Negligence Compensation?
- Frequently Asked Questions
- More Information
What Are Dental Negligence Claims?
Dental negligence claims are any claim made against a dental practice for substandard care received when attending the practice. It is important to note that, as with any healthcare procedures and treatments, complications, problems and adverse reactions can occur within dentistry that do not necessarily constitute negligence.
For example, it is very common to have some pain and swelling after having a tooth removed. While no doubt uncomfortable for you, if their correct standards were observed, this swelling would not amount to avoidable harm and therefore be considered negligence.
You can ask further questions about this by speaking to our advisors today.
Can I Claim For Dental Negligence?
Yes you could claim for dental negligence if you suffered avoidable harm due to poor dental treatment. As we examined above, dentists have a duty of care to provide the expected standard of treatment to their patients.
We’ve summarised the eligiblity requirements for you here:
- You were owed a duty of care by your dentist.
- The dentist breached this duty by failing to provide the correct standard of care.
- This breach resulted in avoidable harm being caused.
So what do you mean by this? A duty of care is a legal responsibility for another’s wellbeing, and a dentist upholds this obligation by providing their patients with the correct standards of dental treatment. Avoidable harm means any harm experienced that would not have taken place had the duty of care not been breached.
Therefore, in order to claim for dental negligence, you’ll need to show that a duty of care was breached, and that this caused avoidable harm. Our advisors can provide further guidance or assess your eligibility to claim for free.
Can Dental Negligence Claims Be Made Against The NHS?
Yes they can. Many dentists are NHS dentists and if you are not given the correct care during your appointment, you could potentially make a claim against the NHS provider for this.
Can I Claim On Behalf Of A Loved One Negligent Dental Treatment?
Yes you could claim on behalf of a loved one for negligent dental treatment. There are a few circumstances where a person would be unable to claim for themselves, which are:
- Children cannot claim until they reach the age of 18.
- Persons without sufficient mental capacity cannot claim for themselves unless there is a recovery.
In order to claim on behalf of your family member, you would need to be appointed as their litigation friend. Litigation friends have the power to direct a claim on behalf of others, and must work with their solicitor to ensure the harmed individual’s best interests are being met.
You can find out more about the eligibility requirements in dentist negligence claims, as well as get further information on claiming on behalf of another person by speaking to our advisors today.
How Much Compensation Can I Get For Negligent Dental Work?
You could receive up to £46,540 for the most serious chronic tooth pain and deterioration, which is before you even get to the psychological impacts and financial losses. Compensation in dental negligence claims is split into two different heads of loss, these are:
- General damages are paid out for the physical harm caused, and the associated psychological impacts of this.
- Special damages cover financial losses, and we’ll cover these in the next section.
Solicitors can use your dentistry records as well as other medical evidence in conjunction with the guidelines from the Judicial College. Known as the JCG, this publication contains compensation brackets for various damages. Relevant brackets have been collated in the table here.
Compensation Table
Please note that the first entry is not a JCG figure and that this information has been included for guidance purposes only.
| Type of Harm Caused | Severity | Guideline Payout Amount |
|---|---|---|
| Very Severe Damage to the Teeth and Jaws with Financial Losses including Lost Earnings, Medical Expenses and Care Costs. | Very Severe | Up to £250,000 + |
| Fracture of Jaws | Very Serious Multiple Fractures with Permanent Consequences (i) | £37,210 to £55,570 |
| Serious Fracture with Difficulty Opening The Mouth/Eating (ii) | £21,920 to £37,210 | |
| Simple Fracture requiring Immobilisation (iii) | £7,880 to £10,660 | |
| Damage to Teeth | Chronic Tooth Pain extending over Years | Up to £46,540 |
| Loss/Serious Damage to Several Front Teeth (i) | £10,660 to £13,930 | |
| Loss/Serious Damage to 2 Front Teeth (ii) | £5,310 to £9,310 | |
| Loss/Serious Damage to 1 Front Tooth (iii) | £2,690 to £4,820 | |
| Loss/Damage to Back Teeth: per Tooth (iv) | £1,330 to £2,080 |
What Else Can Dental Negligence Compensation Cover?
You can also receive dental negligence compensation for financial losses as part of special damages. It is worth noting that this head of claim accounts for both past and future losses; a special damages figure being noticeably higher than equivalent general damages is very common.
Examples of costs you could be reimbursed for include:
- Medical costs, including additional dental work, prescriptions and cosmetic procedures
- Loss of earnings from being off work to recover.
- Travel expenses if you cannot drive to medications or post-surgery.
Remember to hold onto documents, including payslips, your bills for any additional dentistry and any travel tickets, as proof of these losses. You can learn more about seeking compensation in your specific circumstances by speaking to our advisory team today.
How Long Is The Dental Negligence Claims Time Limit?
The dental negligence claims time limit is, in most cases, 3 years as set down by the Limitation Act 1980. Now, these 3 years can be counted from 2 different dates:
- The date of incident when the dental work actually occurred.
- The date of knowledge. This applies when it isn’t immediately apparent that the harm was caused by substandard care. Your time limit is therefore counted from the date you would be first reasonably expected to make that connection.
As we said above, exceptions to this can be granted to children until their 18th birthday and to those without mental capacity indefinitely, unless there is a recovery. You can ask further questions about the time limits and check whether any exceptions are applicable by speaking to our advisory team today.
What Are Some Examples Of Dental Negligence?
Some examples of dental negligence can include missed signs of decay, errors during surgery and poor hygiene standards at the practice. We’ve given a few examples of negligent treatment here:
- Surgical errors resulted in the loss of two front teeth after substantial damage was caused. You required multiple dental implants to support the replacement teeth.
- Contracting a mouth infection due to improperly sterilised tools caused by poor hygiene practices at the dental surgery.
- Your tooth decay was missed due to inadequate examination. This led to you requiring multiple teeth to be removed due to extensive infection.
For a free assessment of your eligibility to begin a dental negligence claim, get in touch with our dedicated advisory team using the contact information provided above.
How Can I Prove The Damage Caused By My Negligent Dental Treatment?
You can prove the damage was caused by your negligent dental treatment by collecting a strong body of evidence. Not only will this be used to prove fault, but it will also help solicitors to determine an accurate compensation figure.
We have provided a summary of potential evidence below:
- Medical records showing what condition you were receiving the treatment for, how it went wrong and any additional dental surgery or other remedy you received to correct it.
- Proof of financial losses including your prescriptions, receipts for the dentistry and any cosmetic work that was done.
- If anyone attended the dental surgery or hospital with you or was part of the dental staff, they may be able to provide a witness statement. Make you take all relevant contact details so the solicitor can interview these persons during the claim.
- Any findings from the Bolam test, if applied.
The Bolam is sometimes ordered by the court to assess the level of care given to a particular patient. A group of relevantly trained healthcare professionals, in this instance, dentists, will examine the treatment you had and determine if the correct standards were observed.
It is important to note that the Bolam test is only ordered in some cases, and is not something you’ll need to organise yourself. However, if used, the report it generates can be good evidence for the claim.
You can ask any questions regarding evidence by calling the number below. As well as aiding in further inquiries, our advisors can assess your eligibility to make a dental negligence claim with one of the specialist dental negligence solicitors on our panel for free.
Do I Need To Complain To My Dentist In Order To Claim?
No, you don’t. There is no legal requirement to have first complained about a dentist before you can seek compensation. That being said, progressing through the complaints procedure can help generate further evidence and potentially establish the dentist’s liability.
If you are unsure whether a complaint would be beneficial to the claim or you’d like to get free advice before proceeding, speak to a member of our team.
Will I Have To Find A New Dental Practice If I Claim?
It is entirely your choice whether you move to a new dental practice following your compensation claim. We understand you may want to change practices for a variety of reasons; a lack of trust, concerns over the standard of treatment, or any awkwardness from seeing the dentist in question.
While all understandable concerns, we want to reassure you that making a claim will not affect the quality of any future treatment. Dentists are still required to meet the same standards of care, regardless of whether or not a claim has been made against the practice.
Can I Make A No Win No Fee Claim For Dental Negligence Compensation?
If you meet the eligibility requirements, you can absolutely claim dental negligence compensation on a No Win No Fee basis. Just call our advisors and they can tell if you meet the criteria in a few minutes.
If you have a valid claim, you’ll be connected with a dedicated and highly knowledgeable solicitor from our panel of experts who will handle your claim with the highest standards of professionalism, care and discretion.
Here are just a few of the ways the solicitors on our panel can help you, and the services they provide for all dental negligence claims:
- Getting you the right medical treatment, cosmetic dental work and any psychological counselling or support you need.
- Assisting you with evidence collection.
- Working out a compensation figure for the claim, including any financial losses.
- Keeping you up to speed on how the case is progressing and explaining all the legal terms.
- Negotiating with the dentist’s surgery solicitors on your behalf, including attending any dispute resolution sessions.
- Instructing the right barrister to present the case in court if the claim progresses to trial.
The type of contract under which solicitors on our solicitors may offer their services is called a Conditional Fee Agreement (CFA). This contract will protect you from having to pay solicitors’ fees both at the start of and during the claims process, as well as if the claim fails.
A success fee is deducted from the compensation by the solicitor in the event the claim is won. This success fee can be charged at a maximum of 25% as per The Conditional Fee Agreements Order 2013. Therefore, most of the compensation will be yours to keep.
Contact Public Interest Lawyers
- Call us on 0800 073 8803
- Get in touch with our contact us form
- Ask about dental negligence claims in our live chat
Frequently Asked Questions
These are some frequently asked questions our advisors hear on a regular basis. So we’ve collated the questions and answers for your convenience.
What Is The Average Payout For Dental Negligence?
Difficult to say, although per the JCG, you could receive between £10,660 and £13,930 for serious damage to several teeth.
What Is Classed As Dental Negligence?
Drilling into the wrong tooth, anaesthetic errors, nerve damage and missing signs of medical conditions can all amount to dental negligence.
Is It Hard To Prove Dental Negligence?
Proving dental negligence isn’t difficult. A solicitor from our panel can help you gather this evidence and make sure everything you’re claiming can be backed up.
Will I Need To Go To Court For A Dental Negligence Claim?
In all likelihood, no. Most dental negligence cases can be settled through negotiation and discussion without the need for a trial.
Will I Still Be Entitled To Dental Care If I Make A Negligence Claim?
Of course you will. Even if you do not change practices, you will still be seen and given dental care and treatment, although we understand you may wish to move to a different practice for your peace of mind.
More Information
You can read some more claims guides here:
- Read our guide to a £14,000 compensation payout for dental negligence here.
- Check how to claim for dental negligence in Scotland following poor dental care.
- See our medical negligence FAQ for answers to common questions.
We have also included these external resources that you might find helpful:
- The NHS Constitution for England is available on the government website.
- Read this guidance on what to do with a chipped, broken or cracked tooth from the NHS.
- Find out how to make a complaint about a dentist to the General Dental Council.
Thank you for reading our guide to dental negligence claims. We fully appreciate there’s a lot of information and it can be difficult to know where to start. That’s why we maintain a 24/7 advisory service to ensure you get answers to your questions, and can find out if you have a valid claim. Get in touch with us today via the contact information provided above.