Dental Negligence Claims FAQs

Any form of dental negligence may mean that you are eligible to claim compensation for the dental injury. In this article, we explain when you might be entitled to make a dental negligence claim to seek compensation for any suffering you’ve endured because your dentist breached their duty of care towards you.

You’ll read about how using evidence in dental negligence cases can help you prove your eligibility to claim. We’ll also review how dental negligence payouts in the UK are calculated.

Finally, we’ll explain how you might benefit from the support of a No Win No Fee solicitor from our panel if you have a valid claim.

Dental Negligence Claims FAQs

Dental Negligence Claims FAQs

To help identify your options, we offer a free initial consultation. If this is something you’d like to arrange, you can:

  • Call our team on 0800 408 7825.
  • Contact us online to begin the claims process.
  • Use the live chat service below to ask any questions.

If you suspect that you’ve got a valid dental negligence claim, please read on or get in touch for free advice about your next steps.

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What Are The Dental Negligence Claim Eligibility Criteria?

Dentists owe all their patients a duty of care. This entails them providing a service of reasonable skill and care. Should the dentist fail in their duty to provide the correct standard of service, patients can suffer harm or injury that was otherwise avoidable.

To be entitled to make a dental negligence claim for compensation, you would need to ensure that your specific circumstances meet the below criteria:

  • At the time you were injured, the dental professional owed you a duty of care.
  • The dental professional breached that duty of care; and
  • As a result, you have suffered physical or psychological injuries (or an existing injury was made worse).

The criteria above must be fully met if you’re to be compensated for any suffering caused by a negligent dentist. If you’d like to check if you might be entitled to make a dental injury compensation claim, why not call our team on the number above?

Finally, the following guide might help if you want to claim for dental negligence in Scotland.

Is There A Dental Negligence Claim Time Limit?

Generally, there is a 3-year time limit for dental negligence compensation claims as per the Limitation Act 1980.

However, there are a couple of exceptions with regard to:

  • Claims involving children (under 18 years of age).
  • Adults who lack the mental capacity to manage the claim themselves.

In both these cases, a responsible adult could become the claimant’s litigation friend.

This process can be used at any point before the child’s 18th birthday (after which they’d have 3 years to begin claiming themselves) or at any time before the claimant’s mental capacity is restored.

If you’d like more information on the medical negligence claim time limit or how to claim on behalf of somebody else, please call our team today.

When Could You Claim Compensation For Negligent Dental Treatment? vv

So, based on the above criteria, when could you make a dental negligence claim in the UK?

Some examples of the forms of errors during dental treatment that can occur include:

  • If a dentist removes the wrong tooth resulting in worsening pain and the requirement for additional surgery.
  • Where gum disease was misdiagnosed and led to your symptoms worsening and pain levels increasing.
  • If you suffered loss of sensation in your mouth or tongue following nerve damage caused by a poorly performed root canal procedure.
  • Where oral cancer spreads to other tissues or organs meaning more intrusive treatment was required because it was not spotted by your dentist when it should have been.
  • You could also suffer brain damage if there is an error or mistake when administering anaesthetic.

If the dentist has upheld their duty of care but issues concerning your oral health surface, then a claim is not likely. Whether you’re claiming for NHS dental negligence or mistakes made by a private dentist, our panel of solicitors can help. Therefore, why not call today to check if they could accept your claim?

What Evidence Might Be Used In A Dentist Negligence Compensation Claim?

To make a successful dental negligence claim, you will need evidence to prove that your case meets the eligibility criteria set out above.

Therefore, the following types of evidence may be used to try and strengthen your claim:

  • Photographs of any visible injuries.
  • Details of any dental appointments you attended and names of those who treated you.
  • A diary that details how you’ve suffered because of your injuries. For example, the dates you couldn’t work or had to miss out on family events.
  • Details of any remedial treatment you require, along with copies of your dental records.

If you have a valid dental negligence claim, a specialist solicitor from our panel may agree to represent you. If that happens, as part of their service, they may offer to obtain additional evidence to try and improve your chances of being compensated fairly.

Is There An Average Payout For Dental Negligence?

How much compensation for dental negligence?” is a question our advisors are often asked. However, no two claims are the same, so there’s not really an average payout for dental negligence.

If your claim is successful you will be awarded general damages. This head of loss covers any pain and suffering you’ve endured. As this needs to be verified independently, you will attend an arranged appointment with a dental expert.

The report that follows may be used in conjunction with the Judicial College Guidelines (JCG) to help value your claim. The JCG includes compensation guidelines for several dental injuries.

Our compensation table lists some dental injuries along with figures from the JCG. Please bear in mind that these are not guaranteed compensation amounts and you could receive less than listed if the claim is successful.

Compensation Table

The first entry is not included in the JCG.

Injury Type Severity Details Guideline Compensation
Multiple serious injuries plus special damages. Serious Different injuries that are severe in nature plus financial losses such as loss of earnings and costs for restorative dental treatment. Up to £300,000+
Brain Injury Moderate (i) Cases in which there is moderate to severe intellectual deficit. £150,110 to £219,070
Brain Injury Moderate (ii) Cases in which there is a moderate to modest intellectual deficit. £90,720 to £150,110
Skeleton Injury Damage to Teeth Significant chronic tooth pain that lasts a number of years and cause significant general tooth deterioration overall. Up to £38,130
Damage to Teeth (i) Loss / serious damage to several front teeth. £8,730 to £11,410
Damage to Teeth (ii) Loss / serious damage to two front teeth. £4,350 to £7,630
Impaired Taste And Smell Total loss Total loss of taste and smell Around £39,170
Loss of taste The sense to taste things has been lost. £19,200 to £24,990
Facial Disfigurement Less severe scarring. Where the disfigurement is still substantial and where there is a significant psychological reaction. £17,960 to £48,420
Significant scarring. Worst effects have been or will be reduced by plastic surgery. £9,110 to £30,090
Skeleton Injury Fractures of Jaws (i) Very serious multiple fractures requiring prolonged treatment and permanent consequences. £30,490 to £45,540
Skeleton Injury Fractures of Jaws (ii) Serious jaw fractures with permanent consequences. £17,960 to £30,490

When Can You Claim For Special Damages?

Another head of loss, special damages, may contribute to any compensation payout you’re awarded. This covers financial costs and losses linked to your injuries.

For example, you could receive damages to cover:

  • Lost earnings.
  • Medical costs.
  • The cost of care or support at home.
  • Cost of dental repair work.

You should retain any evidence of these costs such as receipts or bank statements.

To see how much compensation you might be entitled to claim for dental negligence, please call our team today.

Why Claim Compensation For Dental Negligence On A No Win No Fee Basis?

Using a solicitor in dental negligence claims can make the whole process a lot easier and less stressful.

The solicitors on our panel provide a No Win No Fee service by working under a Conditional Fee Agreement (CFA).

The CFA means that you:

  • Won’t be asked to pay any legal fees for your solicitor’s work upfront or while the claim is ongoing.
  • Won’t pay your solicitor for their work if the claim is lost.
  • Will have a success fee deducted from any compensation award for your solicitor if the claim is a success.

The success fee forms a percentage of the compensation you receive, and it is legally capped.

To check if you could begin a No Win No Fee claim with a solicitor from our panel, you can:

  • Phone 0800 408 7825 to speak to us.
  • Ask for free advice via our 24/7 online chat service.
  • Contact us online to begin the claims process.

More Resources About How To Claim For Negligent Dental Work

Here are some more guides that might prove useful:

Finally, you may find the following external resources helpful too:

For more information on dental negligence claims, please feel free to contact a member of our team.