Dental Negligence Claims
By Stephen Moreau. Last Updated 22nd November 2023. Welcome to our guide to dental negligence claims. Here, we explain when you could be eligible for dental negligence payouts in the UK.
When you visit your dentist, you hope and expect to receive a good standard of care during your check-up or treatment. Generally, no one particularly enjoys a visit to the dentist. Some people have phobias. All medical professionals owe each patient they see a duty of care. This usually entails providing treatment that does not involve causing unnecessary harm. If your suffering could’ve been avoided had the dentist acted differently, you could be entitled to start a dental negligence claim. We’ll review what types of injuries could result in a claim as we progress. Also, we’ll show how much compensation might be paid for those injuries.
We are here to support you if you are considering beginning a claim. Our specialist advisors offer a no-obligation telephone consultation to review your case. During the call, you’ll receive free legal advice about your chances of claiming. If the case appears to have a reasonable chance of success, we could pass it on to a medical negligence solicitor from our panel. To make the process of claiming less stressful, yours will be processed on a No Win No Fee basis if accepted.
We are here to help if you’d like to discuss your case today. If you are interested in talking to us, please call our advice centre on 020 3870 4868. Alternatively, you’ll learn lots more about how dental negligence compensation claims work throughout the rest of this guide. Therefore, please continue reading.
Services And Information
- Am I Eligible To Claim Dental Negligence Compensation?
- Types Of Dental Negligence
- How Is Dental Negligence Compensation Calculated?
- Dental Negligence Cases – Examples Of Evidence To Support Your Claim
- Dental Claims – How Long Do I Have?
- Dental Negligence Solicitors – Claim For Dental Negligence On A No Win No Fee Basis
- Other Medical Negligence Claims Guides
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.
There are numerous procedures that could potentially be impacted by dental negligence. Examples of procedures that may be affected by issues that lead to a dental negligence claim include the following:
- Restorative/cosmetic dentistry – Treatments that aim to restore teeth that have been decayed or damaged, such as fillings, root canals and crowns, could cause short and long-term problems for a patient if the dental practice providing the treatment fails to provide the correct standard of care during it.
- Misdiagnosis – A dental misdiagnosis can refer to instances where a patient visits a dentist with an issue with their oral health, and it is either missed or mistaken for a different kind of issue. Such a problem could cause serious problems for the patient, as this can put a delay on them receiving the correct treatment. The issue that has been misdiagnosed could become worse and the patient may experience pain and suffering that could have been avoided if the correct standard of care was provided earlier.
- Incorrect or careless treatment – Another way a dentist may fail to provide the correct standard of care is by making a serious mistake during treatment. Examples can include removing the wrong tooth or applying excessive force, which causes an injury.
For more advice on whether you can claim for dental negligence or to learn more about dental negligence payouts in the UK, please get in touch with our team of advisors today.
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.
Following a successful claim for dental negligence, your compensation settlement may include general and special damages.
General damages compensate you for the injuries you have suffered due to a dentist breaching their duty of care. Many legal professionals will use the Judicial College Guidelines (JCG) to help them value claims. This document provides guideline compensation brackets for various injuries at different severities. In the table below, we have listed some of the amounts stated in the 16th edition of the JCG.
Please only use this table as a guide. Also, take note that the first entry in this table is an estimate figure that is not based on the JCG.
|Type of Injury||Compensation Range||Description|
|Multiple Serious Injuries Plus Special Damages||Up to £200,000+||You may be compensated for several serious injuries you've experienced due to dental negligence. The compensation may cover your pain and suffering plus certain financial losses, such as loss of earnings.|
|Very Severe Facial Scarring||£29,780 to £97,330||The claimant is relatively young (usually between their teens and 30s). The cosmetic effect of the scarring is very disfiguring and the psychological reaction is severe.|
|Less Severe Facial Scarring||£17,960 to £48,420||The disfigurement is substantial and there is a significant psychological reaction.|
|Significant Facial Scarring||£9,110 to £30,090||The worst effects have been or will be reduced with the help of plastic surgery. Some cosmetic disability remains.|
|Less Significant Scarring||£3,950 to £13,740||One scar or multiple small scars may be visible on the claimant.|
|Psychiatric Damage Generally - Moderately severe||£19,070 to £54,830||This bracket can apply to psychological harm that causes a significant impact on several aspects of a person's life, such as their ability to cope with life, education and work.|
|Damage to teeth (f)||Up to £38,130||Chronic or significant tooth pain over several years along with deterioration of those teeth.|
|Damage to teeth (f) (i)||£8,730 to £11,410||Serious damage or loss of several front teeth.|
|Impairment of Taste and Smell (d)||£19,200 to £24,990||This bracket may apply when the claimant has suffered loss of taste.|
Dental Negligence Payouts – Special Damages
Any financial losses or expenses you have experienced following negligent dental treatment can be compensated under special damages.
Below are some examples of when dental negligence payouts might be awarded in relation to special damages:
- 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. Retain any receipts for payments you make relating to ongoing medical care as proof of this harm.
- Any travel expenses you have incurred. An example might be if you need to travel to the dentist to fix problems caused by your misdiagnosis. As evidence of expenses, you should keep hold of your bus or train tickets, or receipts for gas and petrol if you drive your own car.
- 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, but make sure you collect your wage slips as evidence.
If you would like to find out a more accurate estimate of the compensation you could be awarded if your dental negligence claim is settled, speak to our advisors and they can put you in touch with an expert injury lawyer from our panel. Using their years of experience, they could work out how much you could be awarded.
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.
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.
Our panel of solicitors at UK Law are committed to helping you in any way we can. We understand how destabilising an injury could be and one of our solicitors could possibly help you with:
- Collecting evidence
- Contacting and negotiating with the defendant
- Filing any necessary paperwork or court required documents.
Like personal injury claims, dental negligence cases can be handled on a No Win No Fee basis. This means
- You will not have to pay a hiring fee to your solicitor
- You will not make any ongoing payments before your claim is settled
In a successful claim, you will pay a success fee – this is a fixed percentage of your compensation with a legal cap in place.
In an unsuccessful claim, you will not have to pay for your solicitor’s services if your claim is not successful.
You could start your claim today with the help of one of our dental negligence solicitors – please reach out to an adviser to find out more.
This part of our guide includes some additional resources which you could use when making a claim.
- Raising Concerns About Dentists – The General Dental Council can investigate matters on your behalf if you fill out this form.
- Find Dental Practices – An online resource where you can search for NHS dental services in your area.
- NHS Dental Services – Information on what services the NHS is able to provide in dentistry.
- GP Medical Negligence – An explanation on how to sue your GP for injuries or illnesses caused by negligence.
- Surgical Negligence – Details on claiming for any suffering that happens as a result of surgical errors.
- NHS Claims – Advice on the process used for making a medical negligence case against the NHS.
- How Do Dental Nerve Damage Claims Work? – see if you can claim compensation for nerve damage caused by the negligence of a dentist
Other Guides That May Help
- Incorrect Tooth Extraction Compensation Claims Guide
- A Doctor Did Not Send Me For A Mammogram Assessment – Can I Make A Claim?
Thank you for reading this guide to dental negligence payouts for UK claims.