Dental Negligence Claims – How Much Compensation Can You Claim?

Whether your injury occurred during a routine check-up, hygiene treatment, cosmetic procedure, or dental surgery, if a dentist’s negligence caused it, you may be eligible to make a dental negligence claim for compensation.

If you’d like to take action for dental negligence, we are ready to help. Our claims advisors are available to review your case for free, where you’ll be given honest advice about your chances of being compensated. If your case seems viable, we could appoint a medical negligence solicitor from our team to represent you using a No Win No Fee agreement.

To speak with an advisor now, please call 0800 6524 881. Alternatively, you’ll find lots more information on how the dental negligence claims process works during the rest of this guide.

Am I Eligible To Make A Dental Negligence Claim?

Anybody who has suffered an injury because of poor dental treatment may be able to claim compensation, whether the care was provided by the NHS or a private dentist.

Generally, to make a successful dental negligence claim, you’ll have to prove:

• The dentist owed you a duty of care.
• They breached that duty by providing substandard care.
• As a result, you suffered avoidable harm.

Importantly, your case may not succeed if it can be shown that your injuries would have occurred regardless of negligence. This is why it’s often best to work with a specialist dental negligence solicitor. They can assess the strength of your case and, where needed, instruct independent experts to confirm whether you have grounds to proceed with a claim.

Common Causes Of Dental Negligence Claims

Dental negligence refers to treatment provided by a dental professional that falls below the standard expected from a competent practitioner. Some common procedures where dental negligence could result in a compensation claim include:

• Tooth extractions. Compensation may be necessary if healthy teeth are damaged during extraction or an infection occurs due to improper procedures.
• Wrong tooth extraction. You could be due compensation if your dentist has extracted the wrong tooth.
• Dental implants. You may be able to claim dental negligence compensation if dental implants go wrong.  For example, if the dentist damages your jawbone, causing pain when eating, or if the implants were unnecessarily installed.
• Misdiagnosis. If serious conditions like oral cancer or gum disease are not detected during regular checkups, resulting in delayed treatment, you may be eligible to claim for misdiagnosis.
• Wisdom tooth extraction. Poorly conducted wisdom teeth extractions that lead to excessive pain, complications, or poor aftercare can justify a compensation claim.
• Nerve damage. While some dental treatments can cause short-term nerve damage, mistakes can also lead to unexpected damage. In cases of dental nerve damage, compensation might be possible. Permanent damage to the lingual nerve, for example, can result in speech problems and problems with chewing and swallowing.
• Fillings. If you’ve experienced pain unnecessarily because a cavity was poorly filled or your tooth is infected because of poor hygiene, dental negligence compensation might be possible.
• Veneers. Cosmetic dentistry, including veneers, can lead to compensation claims if mistakes cause damage to teeth or require costly corrective procedures.
• Root canal treatment. A claim may be viable if a root canal is performed unnecessarily or if an infection is not properly cleaned, leading to further treatment.
• Allergic reactions. If you suffered an allergic reaction to medication after your dentist administered an anaesthetic that contained an allergen you’re known to be allergic to.

Your claim can be made against an NHS dental practice or private dental company and could be based on dental negligence carried out by dentists, orthodontists, dental nurses, hygienists and dental therapists.

How Much Compensation Will I Get For Dental Negligence?

There isn’t a fixed amount of compensation you’ll get for dental negligence. However, if your claim is successful, the settlement will usually be based on:

• General damages. This is where you’ll include any mental or physical suffering as well as any loss of amenity your injuries have caused.
• Special damages. This part of the claim focuses on how you’ve been negatively affected financially due to your dentist’s negligence. If you’ve had to pay for remedial treatment, incurred travel costs or lost income, this could all be claimed back here.

It’s important to point out that dental negligence claims aren’t always based solely on physical pain. Many dental problems can cause distress, anxiety and embarrassment, especially when it affects your appearance or smile. Therefore, if you’ve also suffered mentally, you could have the grounds to seek compensation for psychological injury too.

Dental Compensation Amounts

If you are claiming dental compensation against the NHS or a private dentist, compensation amounts for general damages are advised in the Judicial College guidelines. These are the figures we use below, however, they are only a small sample.

It’s not possible for us to realistically enter every conceivable injury caused by a dentist. Therefore, if you don’t see your injury on the list, please don’t fret, you may still be eligible to claim compensation for dental negligence. Please call one of our advisors for free legal advice.

We should also point out that even if your compensation claim is won, there’s no guarantee that the dental compensation amount paid will be the same as the amounts listed.

Evidence To Support A Dental Negligence Claim

To successfully claim compensation for dental negligence, you’ll need to show that the dental professional breached their duty of care and that this caused you to suffer harm. Evidence that could help support your claim includes:

• Dental records. Your dental records will be vital as they detail the treatment you’ve received and include any dental-related injuries or complications that occurred.
• Witness statements. If anybody was present during your treatment (such as a dental assistant or even a friend), their statement could provide valuable support, especially if liability is disputed.
• An expert opinion. A dental expert in the same field can review your case and determine whether the care provided fell below acceptable standards. This expert opinion is vital to proving negligence in most cases.
• Photos. Visual evidence, such as photos of any injuries (e.g., broken teeth or damage to gums), can show the extent of harm caused by the negligent dentist.
• Financial documents. If you have incurred any financial losses as a result of the negligent treatment, such as costs for private remedial medical treatment or lost income, you should provide documentation to support your claim.

It’s important to be thorough when gathering evidence to prove dental negligence. A strong case will increase your chances of success, so please call today if you’d like to discuss any evidence you might have gathered already.

Time Limits For Claiming Dental Negligence Compensation

In most cases, you have 3 years to start a dental negligence claim which will usually begin from either:

• The date the negligent dental treatment took place; or
• The date of knowledge. This is when you first became aware that you suffered harm due to dental negligence (for example, when the issue was diagnosed).

For children who’ve suffered from dental negligence, compensation could be claimed on their behalf by a litigation friend before their 18^th birthday. If not, they could file their own claim before they’re 21.

Do I Need A Solicitor To File A Dental Negligence Claim?

Legally, you’re not required to use a solicitor to file a dental negligence claim. However, proving negligence by a dental practitioner and demonstrating how you’ve suffered as a result can be quite a complex task, often requiring specialist evidence. If the claims process isn’t handled correctly, you could miss out on the compensation you’re entitled to.

We believe that with the help of a medical negligence solicitor, you are more likely to a) succeed in your case and b) receive the appropriate amount of compensation. If a solicitor from our team represents you, they will manage everything on your behalf. This means you won’t need to deal with any difficult medical or legal questions from the defendant.

If liability is disputed, your solicitor will work to counter any arguments presented by the defendant and challenge any settlement offers that don’t fully cover your suffering.

Importantly, they’ll also handle your dental negligence claim on a No Win No Fee basis. This means you won’t need to pay any fees upfront, and you won’t pay anything if your claim is unsuccessful.

Throughout the process, you’ll be kept informed with regular updates, and your solicitor will be available to answer any questions you may have.

How Long Do Dental Negligence Claims Take To Settle?

The time it takes to settle a dental negligence claim can vary depending on how complex the case is and whether the dentist or dental practice accepts responsibility. As a rough guide:

• Straightforward claims where the other side admits fault early could be settled within 6 to 12 months.
• More complex cases, for example, those involving serious dental injuries, disputed liability, or the need for independent medical evidence, may take 12 to 24 months or longer.

A big factor is whether your dentist’s insurer agrees that negligence occurred or if they deny responsibility. If liability is denied, your solicitor may need to gather extra evidence, such as expert dental reports, which can add time to the process.

In some cases, it’s possible to receive interim payments if the claim is likely to succeed but the final settlement is still being worked out. This can help cover urgent costs like corrective dental work or pain management.

Every claim is different, so for a better idea of how long your case might take, it’s worth speaking with a specialist dental negligence solicitor on our team.

Starting The Dental Negligence Claims Process

If you’re ready to begin a dental negligence claim or would like free advice about your options, please call us today on 0800 6524 881.

Alternatively, you can get in touch with a claims advisor on our team right away via live chat. Or if you’d prefer to have an advisor call you at a time that suits you better, please fill out a callback form.

Once your case has been reviewed, a medical negligence solicitor could start working on your case and better inform you of how much compensation for dental negligence you could claim.