Dental Negligence Claims

By Stephen Moreau. Last Updated 29th August 2024. In our guide to dental negligence claims, we explain when and how it’s possible to seek compensation for the effects of a dentist causing you avoidable harm.

Going to the dentist can sometimes be a painful experience, especially if significant work is needed. However, if dental malpractice means that you suffer harm that could’ve been avoided if the dentist met the expected standards of competence, you could start a claim.

We explain the criteria for claiming, plus how dental negligence payouts can address physical pain, mental harm and unexpected expenses caused by substandard care.

Additionally, we discuss the work our panel’s solicitors do on a No Win No Fee basis to help clients get the compensation they deserve.

You can contact us today for free and helpful guidance from our advisors. This dedicated service is available on a 24/7 basis, so choose any of these options to get started:

  • Phone us on 020 3870 4868.
  • Ask about your possible claim online and we’ll call you.
  • Use our handy live chat feature below.

A dentist from the perspective of inside of a mouth.

Services And Information

  1. Am I Eligible To Claim Dental Negligence Compensation?
  2. Types Of Dental Negligence
  3. How Are Dental Negligence Payouts Calculated?
  4. Dental Negligence Claims – Examples Of Evidence To Support Your Claim
  5. Dental Negligence Claims – How Long Do I Have?
  6. No Win No Fee Dental Negligence Solicitors
  7. Other Compensation Claims Guides

Am I Eligible To Claim Dental Negligence Compensation?

When seeking dental negligence compensation, you’ll need to establish whether you have an eligible claim. Medical professionals, including dentists, have a duty of care to patients. This means they need to provide the correct standard of care. If they breach this duty by providing a substandard care causing you avoidable harm, you may have a valid medical negligence claim.

Examples of how you could be caused avoidable harm due to receiving the incorrect care from a dentist can include:

  • The wrong tools were used, causing you nerve damage
  • A dentist may have misdiagnosed you resulting in your condition worsening
  • The wrong tooth may have been extracted
  • Tooth loss occurs because a dental treatment procedure wasn’t carried out correctly

To discuss your specific case and find out whether you’re eligible to claim for dental negligence, call our team on the number above.

Types Of Dental Negligence

There are numerous potential scenarios that may lead to dental negligence claims. Examples of dental negligence can include the following:

  • A delayed diagnosis or misdiagnosis of a dental health issue, which leads to the condition worsening and causing further harm that could have been avoided had the dentist upheld their duty of care. For example, if an abscess was misdiagnosed because your dentist failed to listen and check your symptoms correctly, this could lead to the infection spreading and potentially lead to sepsis.
  • Mistakes during an oral surgery procedure, such as the extraction of the wrong tooth. This can cause damage to the surrounding teeth and gums, and can prevent the patient from eating and socialising. They may also need an additional procedure to remove the correct tooth later on.
  • A crown or bridge is not fitted correctly, which could result in jaw pain and damage to the surrounding teeth and gums.

In order to make a dental negligence claim, it’s important to establish that the dentist or dental practice that provided your treatment breached their duty of care. You also need to establish that this breach led to you suffering unnecessary harm.

For more advice on whether you’re eligible to start a dental negligence claim, you can contact our advisors for free today.

Extracted tooth held with dental pliers

How Are Dental Negligence Payouts Calculated?

Following a successful dental negligence claim, your compensation could potentially include two different payouts that cover two different types of damage. These damages are known as general and special.

General damages compensates the physical and psychological effects that have been suffered due to a dentist breaching their duty of care. Some factors that might affect the value of this payout include:

  • The length of recovery.
  • The severity of the pain.
  • Loss of amenity.

The Judicial College Guidelines (JCG) can be used, along with reports from an independent medical assessment, to help put a value on general damages payouts.

The JCG is a publication that lists varying guideline compensation brackets for all sorts of injuries and illnesses.

Guideline Compensation Table

Compensation amounts for dental negligence claims can vary. This is because compensation is awarded on a case-by-case basis, and the various factors of your claim could affect the amount you receive. So, please only use this table as a guide.

Also, take note that the first entry in this table is an estimated figure that is not based on the JCG.

Type of InjurySeverityGuideline Compensation Range
Multiple Serious Injuries Plus Special DamagesSeriousUp to £200,000+
Facial DisfigurementVery severe scarring (a)£36,340 to £118,790
Less severe scarring (b)£21,920 to £59,090
Significant scarring (c)£11,120 to £36,720
Less significant scarring (d)£4,820 to £16,770
Psychiatric Damage GenerallyModerately severe (b)£23,270 to £66,920
Impairment of Taste and SmellLoss of taste (d)£23,430 to £30,500
Skeletal injuriesDamage to teeth (f) (i)£10,660 to £13,930
Damage to teeth (f) (ii)£5,310 to £9,310

Dental Negligence Payouts – Special Damages

Special damages compensates the financial effects that have been suffered due to a dentist breaching their duty of care. Some financial losses that you could be compensated for include:

  • The cost of your prescription or any medical care you need. For example, if your dentist acts negligently and causes nerve damage in your mouth, you might need surgery or medication to deal with any symptoms
  • A loss of earnings resulting from taking time out of work to recover from your injuries. If you anticipate a future loss of income, you may also claim for this loss,
  • Any travel expenses you have incurred. An example might be if you need to travel to the dentist to fix problems caused by the dentists negligence.

Receiving a special damages payout can be extremely helpful, since the point of this payout is to return your monetary position to what it was before you suffered negligence.

However, special damages will not always be awarded. This is why keeping evidence such as receipts, payslips, bank statements and invoices can be really important.

To learn more about dental negligence payouts and how they are calculated, please give us a call at a time that is convenient for you.

Dental Negligence Claims – Examples Of Evidence To Support Your Claim

You are more likely to be awarded compensation for dental negligence if you can provide evidence that proves negligence has occurred and you suffered harm or loss as a result. Dental negligence cases that aren’t backed by evidence may have less chance of success.

Below are some examples of evidence that may be used when proving medical negligence in a negligent dentist claim:

  • Medical records may prove any injuries you have suffered, such as dental nerve damage.
  • A medical professional could assess you and diagnose your injuries. Their medical report may be used as key evidence.
  • Proof of any financial harm resulting from the negligence should be collected. For example, retain any receipts for medication you were prescribed to alleviate symptoms of your dental injury.

A medical negligence solicitor from our panel could help you gather evidence. Get in touch to find out more. You won’t be charged to speak to us, nor will you be pressured into using our services if you don’t think they would benefit you.

Dental Negligence Claims – How Long Do I Have?

As per the Limitation Act 1980, you generally have 3 years to begin a claim. This time limit often begins from the date you were injured. However, there can be alternatives. For instance, there can be circumstances where you are not initially aware that you have sustained an injury. In these cases, you could use the date of knowledge as the start of your time limit. However, you would need to support this with evidence.

If someone under 18 suffers due to a negligent dentist, the time limit begins only once they become an adult. Before then, as they cannot represent themselves, the time limit is frozen, and a litigation friend must be appointed to do so on their behalf.

Should someone with a reduced mental capacity suffer due to dental negligence, their time limit is also subject to suspension. A litigation friend must act on behalf of a claimant who is incapable of making their own claim. If a recovery is made, the 3-year time limit begins from this date.

Get in touch for more information, including a valuation of your dental negligence claim. A calculator you find online may not take into account all aspects of your circumstances.

Young patient uncomfortable while receiving dental treatment

No Win No Fee Dental Negligence Solicitors

If you are eligible to make a dental negligence claim, then a No Win No Fee solicitor from our panel may be able to help you. They can support a dental claim by offering their clients a Conditional Fee Agreement (CFA).

Under a CFA, you can claim compensation for dental negligence with the help of a solicitor without paying any fees for their work upfront or as your claim is ongoing. Also, if the claim for negligent dental treatment fails, you normally won’t be asked to pay for your solicitor’s work on the case.

If the claim you’ve made for dental negligence does succeed, then your No Win No Fee solicitor will receive a small success fee. This fee is deducted directly from the compensation awarded for your case but is also subject to a standard legal cap. The legal cap helps to guarantee that most of your compensation stays with you.

To learn more about claiming under a CFA or to ask other related questions, such as “How much compensation for dental negligence can I claim?”, contact our advisors for free today. You can reach our team by:

Other Compensation Claims Guides

This part of our guide includes some additional resources which you could use when making a claim.

Other Guides That May Help

Thank you for reading this guide to dental negligence payouts for UK claims.