Dental Negligence Claims Guide – Claim For Damaged Teeth

If you’ve suffered due to substandard dental care, you may be eligible to make a dental negligence claim. Whether your treatment led to avoidable pain, infection, or long-term damage, seeking expert help can make all the difference. This guide explains the dental negligence claims process, outlines dental negligence examples, and clarifies dental negligence time limits to help you understand your options.

Key Facts

• A dental negligence claim can be made if a dental professional has breached their duty of care, causing avoidable harm, pain, or further complications.
• The dental negligence claims process typically involves gathering evidence, submitting a formal complaint, and negotiating with the responsible party.
• Dental negligence cases can cover issues such as misdiagnosis, incorrect treatment, nerve damage, and infections caused by poor hygiene.
• Legal time limits apply, and under the Limitation Act 1980, claims must generally be made within three years from the date of injury or knowledge of negligence.
• No Win No Fee arrangements allow claimants to pursue compensation without financial risk.

Understanding Dental Negligence Claims

When a dentist or dental professional provides substandard care, resulting in harm or injury, you may be able to make a dental negligence claim. Dental professionals have a duty of care to their patients, meaning they must provide safe and appropriate treatment. If this duty is breached, and you suffer pain, financial loss, and long-term damage, you could have grounds for a claim.

Key Considerations for a Dental Negligence Claim:

• The treatment must have fallen below the accepted medical standard.
• The negligence must have directly caused harm or injury.
• Sufficient evidence, including dental records and expert testimony, is needed.
• Claims generally need to be made within three years.

Contact us today to discuss your case.

What Are Some Examples of Dental Negligence?

Dental negligence can take many forms, often resulting from errors, misdiagnoses, or poor treatment. Recognising these instances is crucial for building a strong claim. Some common dental negligence examples include:

• Misdiagnosis or delayed diagnosis of conditions like gum disease, oral cancer, or infections.
• Incorrect or unnecessary extractions, leading to permanent damage or tooth loss.
• Failure to obtain informed consent before proceeding with invasive treatments.
• Poorly executed dental procedures, such as fillings, root canals, or crowns, causing pain or complications.
• Inadequate hygiene standards, leading to infections or cross-contamination.

Each case is unique, and proving negligence requires strong dental negligence evidence, such as medical records and expert opinions.

Can I Claim Against an NHS Dentist?

Yes, patients who receive negligent care from an NHS dentist can file a dental negligence claim. NHS dentists are held to the same professional standards as private practitioners, and failure to meet these can justify a claim. The dental negligence claims process against an NHS dentist typically involves:

1. Filing a formal complaint with the NHS through its complaints procedure.
2. Gathering evidence, including dental records, X-rays, and independent medical opinions.
3. Engaging a claims management firm to assess the claim’s viability.
4. Negotiating a settlement or taking legal action if necessary.

If your treatment under the NHS resulted in unnecessary suffering, you may have a valid claim. 

Can I Claim for Negligent Cosmetic Dental Treatments?

Cosmetic dentistry is a growing field, but errors in procedures can cause lasting damage. If you’ve suffered due to poor cosmetic dental work, you may be eligible for dental malpractice claims. Common examples include:

• Failed teeth whitening treatments, resulting in burns or enamel damage.
• Inadequate dental implants, leading to pain, infection, or implant failure.
• Substandard veneers or crowns, causing discomfort or requiring corrective treatment.
• Botched orthodontic work, leading to misaligned teeth or bite problems.

Whether the procedure was performed by an NHS or private dentist, if negligence caused harm, you may have grounds to claim.

Can I Still Claim if Dental Negligence Happened Abroad?

If you have suffered from dental negligence while receiving treatment abroad, you may still have the right to claim compensation. Many people travel for dental procedures due to lower costs, but standards of care vary between countries. If the treatment provider failed to meet their professional duty, you could pursue a claim. However, your case may be affected by the specific laws and procedures of the country you received your treatment.

If you’ve experienced substandard dental care abroad, seeking expert legal guidance is essential to assess your claim.

How Much Compensation Could I Receive for a Dental Negligence Claim?

The amount of compensation you could receive for dental negligence compensation depends on several factors, including the severity of the injury and its impact on your life. Your pain, suffering, and financial losses caused by the negligence are also taken into account.

Factors Affecting Compensation Amounts:

• Physical Pain and Suffering: Compensation reflects the extent of discomfort and recovery time.
• Corrective Treatment Costs: Any necessary remedial dental work will be factored into the claim.
• Loss of Earnings: If negligence caused you to take time off work or lose job opportunities.
• Psychological Impact: Anxiety or distress from the incident may also be considered.

While dental negligence compensation amounts vary, seeking professional legal support can help ensure a fair settlement based on your circumstances. Here are some examples of compensation payouts in the UK:

Skeletal Injury Damage to Teeth – Up to £46,540 – Severe, long-term tooth pain, such as from an untreated abscess, persisting for years. This is accompanied by a significant overall deterioration in dental health.

Skeletal Injury Damage to Teeth (i) – £10,660 to £13,930 – The loss or serious damage of multiple front teeth, leading to considerable functional and aesthetic consequences.

Skeletal Injury Damage to Teeth (ii) – £5,310 to £9,310 – The loss or serious damage of two front teeth. Compensation is higher for full tooth loss and lower for damage or the loss of two milk teeth.

Skeletal Injury Damage to Teeth (iii) – £2,690 to £4,820 – The loss or serious damage of a single front tooth, affecting appearance and function.

Skeletal Injury Damage to Teeth (iv) – £1,330 to £2,080 – The loss or damage of a back tooth, with compensation awarded per affected tooth.

How Do I Make a Dental Negligence Claim?

Making a dental negligence claim involves several steps to gather evidence, build a case, and seek compensation. Ensuring that you follow the correct procedure can improve your chances of success.

Steps in the Claims Process:

1. Gather Evidence: Obtain dental records, X-rays, witness statements, and photographs of any damage.
2. Seek a Medical Assessment: An independent dental expert may assess the extent of negligence.
3. Seek out Legal Advice – If you have a valid claim, we could connect you with a solicitor from our panel who could provide you with legal advice and help guide you through the claiming process.

By following the proper claim procedure and consulting experts, you can improve your chances of securing the compensation you deserve.

What Is the Time Limit for Making a Dental Negligence Claim?

If you have suffered due to dental negligence, it is crucial to be aware of the time limits for making a claim. Under the Limitation Act 1980, the standard timeframe for pursuing a dental negligence claim is three years from the date of the negligence or when you first became aware of it. However, there are exceptions to this rule:

• Children: If the victim is under 18, the three-year limit starts from their 18th birthday, giving them until they turn 21 to file a claim.
• Mental Incapacity: If the claimant lacks mental capacity, the time limit is suspended unless the person regains this capacity.
• Exceptional Circumstances: In rare cases, courts may extend the time limit if there are valid reasons for a delay.

If you believe you have a case, it is advisable to seek legal advice as soon as possible to avoid missing the deadline.

What Evidence Do I Need to Prove Dental Negligence?

To support your dental negligence claim, gathering the right evidence is essential. Strong documentation increases the likelihood of a successful claim by demonstrating the dentist’s failure to uphold their duty of care. The key types of dental negligence evidence include:

• Dental Records: Notes from previous consultations, treatments, and X-rays that show errors or omissions.
• Photographs: Images of visible injuries, swelling, or poorly executed dental work.
• Witness Statements: Accounts from family, friends, or other medical professionals who can verify your condition.
• Expert Medical Reports: An independent dental expert may provide a professional assessment of the negligence and its impact.
• Financial Loss Records: Receipts for corrective treatment, travel costs, and loss of earnings due to the negligence.

The stronger your dental negligence evidence, the better your chances of securing compensation for your suffering and losses.

Can I Make a Dental Negligence Claim Using No Win No Fee?

Yes, many claimants choose to pursue dental negligence claims with a solicitor under a No Win No Fee agreement. This arrangement allows individuals to seek justice without the financial risk of upfront solicitor service fees.. No Win No Fee means that:

• You pay nothing upfront for your solicitor to begin your claim.
• You pay a legally limited success fee to your solicitor if the claim is a success.
• If the claim is unsuccessful, you do not owe any solicitor fees.

A No Win No Fee agreement can be a practical solution for those hesitant to file a claim due to financial concerns. If you believe you have suffered dental malpractice, contact us today to discuss your case.

Fentons Can Help Make Dental Negligence Claims

If you have suffered from dental negligence, a solicitor from our panel could help you claim the compensation you deserve. Our dedicated panel of solicitors have over 30 years of experience in handling dental negligence claims and can guide you through the process with expert advice. We offer free advice, assess your case and help you understand your options.

Our panel of solicitors work hard to ensure claimants receive the maximum compensation for their suffering, covering pain, corrective treatments, and financial losses. To find out if you can claim, call 0333 000 0723 or contact us today.

Dental Negligence Claims FAQ

How Long Do Dental Negligence Claims Take?

The duration of a dental negligence claim varies depending on the complexity of the case. More complicated cases may require longer to settle. Various other factors such as how long it takes to gather evidence can effect the length of a claim.

Can I Claim Dental Negligence Compensation if I Signed a Consent Form or Waiver?

Yes, even if you signed a consent form or waiver, you could still make a claim if the dental treatment was negligent. Consent forms do not excuse a professional from their duty of care, meaning that if the treatment caused avoidable harm, you could still be eligible to claim.

How Can I Get My Dental Records to Support My Claim?

You can request a copy of your dental records from your dentist by submitting a Subject Access Request (SAR) under the Data Protection Act 2018. Your dental provider is legally required to provide these records within one month of your request.

Dental Negligence Claims Links

NHS – Chipped, Broken, or Cracked Tooth: Learn how to treat a chipped, broken, or cracked tooth, including when to see a dentist and options for dental repair.

UK Government – The NHS Constitution for England: A document outlining the rights and responsibilities of NHS patients and staff, ensuring high-quality healthcare services for all.

General Dental Council – Principle 1: Access the first principle of the GDC’s ethical standards for dental professionals.