Advice On Making A Dental Negligence Claim – Dental Negligence Payouts UK Claims Advice
By Cat Way. Last Updated 31st May 2022. 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.
Could I be eligible for dental negligence payouts in the UK?
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.
Get In Touch With Our Team
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
- Everything You Need To Know About Dental Negligence Claims
- What Is A Dental Negligence Claim?
- Standards And Duties Of Care In Dentistry
- Your Rights When Receiving Dental Care
- Calculate Compensation For Dental Negligence Claims
- Cosmetic Dental Negligence
- Restorative Dental Negligence
- Dental Nerve Damage
- Undiagnosed Oral Cancer Or Negligent Treatment
- Gum Disease And Periodontal Disease Negligence
- How Much Time Do You Have To Make A Dental Negligence Claim?
- I Suffered Harmful Dental Negligence, What Should I Do?
- Make A Dental Negligence Claim On A No Win No Fee Basis
- Other Medical Negligence Claims Guides
- Dental Negligence Claim FAQs
Everything You Need To Know About Dental Negligence Claims
As medical professionals, dentists have a duty of care towards their patients. That means they need to carry out tasks in certain ways, use the correct equipment and ensure their practice is hygienic. If they fail to do so, and the patient is made ill or suffers an injury as a result, a dental negligence claim might be possible.
In this article, we’ll attempt to answer some common questions relating to dental negligence compensation including:
- How long does a dental negligence claim take?
- What is classed as dental negligence?
- What is the average settlement for dental malpractice?
- How do I claim dental negligence?
If you have any other questions whilst reading, please feel free to call or use live chat to get in touch.
When could I be eligible for dental negligence payouts in the UK?
We will explain when you could be eligible to claim damages in more detail later. However, it’s important to point out at this stage that claims are only possible if you’ve suffered in a way that could have been prevented. Very often when we have medical procedures done there is an amount of suffering and pain afterwards. You cannot claim if the suffering is a consequence of the procedure. However, if an injury has been caused because the dentist has been negligent then this suffering may be eligible for compensation.
It’s important to note that compensation is not a cash reward made because somebody has made a mistake. Instead, payments are awarded to help you deal with your injuries and restore any financial losses you’ve sustained by the negligence. Therefore, it’s important to get your claim right.
What Is A Dental Negligence Claim?
To be eligible to seek damages in a dental negligence claim, you’ll need to demonstrate that you have:
- Been injured or an existing problem was made worse; because
- Your dentist was negligent in some way.
Negligence can happen in several ways. They can include:
- Cosmetic dentistry negliegnce.
- Negligent incorrect or delayed diagnosis.
- Unnecessary damage to nerves.
- Errors during treatment that result in the damage or loss of one or more teeth.
- Failing to spot the signs of conditions like oral cancer.
We strongly believe that you have the best chance of being compensated correctly if you have a legal representative on your side. For example, if you work with a medical negligence solicitor on our panel, they’ll try to use their experience to ensure that any compensation you receive fully reflects your level of suffering.
Standards And Duties Of Care In Dentistry
The General Dental Council (GDC) has a set of principles that need to be adhered to by dental professionals. They include dentists, clinical dental technicians, dental hygienists, dental nurses, dental technicians, dental therapists and orthodontic therapists. These principles say that they must:
- Put the interests of the patient first during treatment and when working with colleagues.
- Provide effective communication with patients.
- Ensure valid consent is obtained.
- Protect and maintain patient information.
- Ensure there is a clear complaints system in place.
- Develop and maintain professional skills and knowledge.
- Raise concerns if patients might be at risk.
- Ensure personal behaviour maintains patient confidence in the dental profession.
Your Rights When Receiving Dental Care
The GDC also explains that dental patients have several rights when being treated. They are to be:
- Informed if the work will be provided privately or by the NHS.
- Told the cost (or likely cost) of any work.
- Informed about how your treatment will be performed.
- Given enough information to help you make an informed decision.
- Patients have the right to be listened to.
- Every patient has the right to be treated with respect and dignity.
Calculate Compensation For Dental Negligence Claims
Now we’ll look at what level of compensation payment could be paid for a range of injuries. The compensation that’s awarded to compensate for pain, suffering or loss of amenity is called general damages. Lawyers, insurers and courts may use the Judicial College Guidelines (JCG) to set general damages levels so we’ve included the figures from the JCG in our compensation table.
While we have listed some figures here, each claim is different. A medical negligence solicitor may be able to offer a better estimate once they’ve reviewed your claim properly.
|Type of Tooth Injury||Compensation Range|
|Chronic or significant tooth pain over several years along with deterioration of those teeth.||Up to £38,130|
|Serious damage or loss of several front teeth||£8,730 to £11,410|
|Loss or serious damage to two front teeth||£4,350 to £7,630|
|Loss or serious damage of one front tooth||£2,200 to £3,950|
|Loss of taste||£19,200 to £24,990|
|Psychiatric Damage Generally - Less Severe||£1,540 to £5,860|
The figures listed are based on how severe your injuries are. Therefore, you will need to assessed by an independent medical specialist during your claim. They’ll try to determine how much you’ve suffered and whether you’ll have any continuing problems. The medical review can usually be booked locally by the solicitors on our panel. Once the meeting has ended, the specialist assessor will prepare a report for your solicitor.
What Other Damages Could Make Up Dental Negligence Payouts UK?
You may also be able to claim special damages when seeking compensation for dental negligence. This head of claim relates to the financial losses caused by the injury.
Losses you may be able to claim for might include:
- Loss of earnings – For example, if you were unable to work due to your injuries and you lost income as a result. For a permanent or long-term injury, you could potentially claim for future loss of earnings.
- Travel costs – For example, you may be unable to drive while your injury is healing, requiring you to pay for public transport or taxis.
- Healthcare costs – For instance, you may be able to claim back the cost of prescriptions.
You may be able to claim for any adjustment or change in your life caused by the injury that has resulted in a financial loss. For this to potentially contribute to your compensation for dental negligence, you would require evidence. Evidence can include receipts, invoices and bank statements.
Please also bear in mind that the claims procedure may differ in Scotland and Northern Ireland. To understand more about dental negligence payouts in the UK, please contact us for free legal advice using the details above.
Cosmetic Dental Negligence
As well as claiming for damage caused during negligent medical dental treatment, you could also claim for any harm that results from negligent cosmetic procedures too. That could include damage to your teeth caused by ill-fitted crowns. Also, you may need to claim if your teeth are damaged after braces are removed because they weren’t fitted correctly.
Very often when people have a dental procedure, especially having a tooth taken out or a root canal procedure being performed a certain amount of pain and suffering may be present. Claiming dental negligence does not mean you can claim because you suffered pain after a dental procedure. To hold a valid claim the dentist or dental team must have been negligent. It must be proven that a professional of the same calibre would have acted differently. Therefore not causing unnecessary pain.
If you believe negligence during cosmetic treatment for your teeth has caused you to suffer injuries, why not speak to us today? We can explain your options, for free, after reviewing your case with you.
Restorative Dental Negligence
When a dentist spots problems with your teeth, they may elect to carry out restorative treatment. This can include veneers, implants, bridges, fillings, root canal treatment or bridges.
It is important, before any treatment, your dentist should:
- Explain any benefits and risks of the treatment.
- Check whether the treatment is the right one for you.
- Conduct a thorough assessment to find out more about the problem.
- Ensure the correct tooth is identified.
However, if mistakes are made, you could suffer unnecessary pain and trauma. Also, any extra work to put the problem right can lead to financial losses, anxiety and the risk of infection.
Where you’ve suffered because restorative dental work has gone wrong, we could help assess your case. Any compensation that’s paid could help you during the recovery process. Please contact our team today if you would like to know what to do next.
Dental Nerve Damage
If the nerves in your mouth are damaged during dental treatment, you could suffer symptoms like:
- Loss of feeling.
- Tingling in the jaw or mouth.
- Eye, cheek or jaw pain.
- A burning sensation.
- A pulling sensation on the tongue.
- Lack of control over saliva.
If you suffer any of these symptoms, they can be very painful. The pain may increase while chewing, smiling or talking. As a result, they can have a serious impact on your life for some time.
Where the nerve damage could’ve been avoided, you might have grounds to seek compensation from the dentist. If you suspect that is the case for you, why not let us review your options with you? We have a team of specialist advisors that offer a free assessment of any case. If they suspect you have grounds to continue, they could ask a medical negligence solicitor from our panel to take a look.
Undiagnosed Oral Cancer Or Negligent Treatment
If you visit your dentist for treatment or for a regular checkup, they should look for signs of oral cancer whilst treating you. Some of the most common symptoms that should be looked into include lumps, ulcers and patches of red or white on the tongue or mouth lining.
Whilst a dentist could never be to blame for the fact you have oral cancer, they could be sued if they failed to spot the signs or spotted them too late. That’s because a delay in treatment could allow cancer to spread and cause a much more serious outcome than would’ve happened if it was spotted at the first opportunity.
As this can be quite a complex type of case to prove, we believe you should hire specialist legal representation to help you. Medical negligence solicitors very often will have years of experience handling all sorts of cases. They could use expert medical witnesses and your medical records to ascertain whether your treatment was negligent. If it was, they could represent you and try to achieve the right level of compensation payable for your suffering.
Gum Disease And Periodontal Disease Negligence
Periodontal disease is the medical name used for gum disease. It is very common and it leads to swollen, infected or sore gums. The initial symptoms of periodontal disease include:
- Bleeding gums after flossing or brushing.
- Swollen or red gums.
This is known as the gingivitis stage of gum disease. More advanced symptoms include:
- Halitosis (bad breath).
- Loose teeth.
- Gum separates from teeth
- Supporting bones and fibres become destroyed.
When spotted, treatment is available to reduce the problems caused by periodontal disease. Treatment options include root planing, scale and polish as well as antiseptic mouthwashes. However, if the problem isn’t diagnosed, it can cause months or years of suffering and damage.
How Much Time Do You Have To Make A Dental Negligence Claim?
As with all compensation claims, if you are seeking damages because you’ve suffered due to dental negligence, you’ll need to abide by the relevant time limits. In most cases, the limitation period will be 3-years from the date you were injured. However, the 3-year period could begin later if you didn’t find out about your injuries right away.
Where you’re claiming on behalf of a child, the 3-year limit doesn’t apply. You can start the claim any time before the child’s 18th birthday. If you don’t claim before then, they can claim themselves between their 18th and 21sth birthdays.
I Suffered Harmful Dental Negligence, What Should I Do?
Any type of compensation claim will require evidence to back up your allegations. Therefore, if you believe you have suffered because of a negligent dental practitioner, you could:
- Get advice and treatment for your injuries. This will mean that any remedial work can be planned and treated. When making a claim, you could ask for copies of your medical records to help prove what injuries you sustained.
- Gather other evidence. You may need evidence to help prove the financial impact of your injuries. Also, witness statements could help if somebody else was with you during your dental appointments.
- Seek legal support. If you would like to start a claim, why not contact UK Law? We’ll review your case and the supporting evidence for free. If there’s a reasonable chance of winning your claim, we could refer you to a dental negligence lawyer from our panel.
To speak to us today about starting your claim, please call our team on 020 3870 4868.
Make A Dental Negligence Claim On A No Win No Fee Basis
Something you shouldn’t worry too much about when considering a dental negligence claim is losing money on solicitor’s fees. That’s because solicitors can work on a No Win No Fee basis. Although by law you do not need a solicitor to support your case you may find that having one will bring many advantages. Using a No Win No Fee solicitor may allow you access to a fully qualified legal professional but with lowered financial risks. All in all, this method of claiming makes the process a lot less stressful.
Before your case is taken on, the solicitor will have to check its viability. If they agree to work for you, they’ll supply a contract called a Conditional Fee Agreement (CFA). This shows you what has to happen before you need to pay your solicitor. Effectively, that will only need to happen if you are paid compensation.
Where a claim is won, your solicitor will deduct an agreed success fee from your compensation. This is listed in the CFA as a percentage of your settlement figure. To try and stop you from being overcharged, success fees are capped.
Other Medical Negligence Claims Guides
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.
Other personal injury claim guides
Dental Negligence Claim FAQs.
Thanks for reading about dental negligence payouts in the UK in this guide. In our final section, we’ve answered some common questions about the claims process for you. Please let us know if there’s anything else you need to know.
Dental Negligence Payouts In The UK For 2022
As we touched on earlier in our compensation calculator section, dental negligence payouts in the UK can vary depending on a variety of factors, including:
- Your injury severity
- The length of time it will take for you to recover
- The cosmetic effects of your injuries
- The psychiatric effects of your injuries
- How much your treatment may cost you in prescriptions, treatments etc.
There may be other factors that go into calculating dental negligence payouts in the UK; if you choose to hire a solicitor, they can talk you through how claims are valued, and the different types of damages you may be able to claim for.
However, it is important to remember that not all cases of harm during dental treatments will form the basis of a dental negligence claim. To make a claim for dental negligence, you must have suffered harm as a result of third-party negligence; usually, this is due to a medical professional like a dentist breaching their duty of care.
To learn more, contact our team of expert advisors. They can provide a free estimate of how much you could receive in dental negligence compensation, as well as free legal advice surrounding the claims process.
Could I claim for dental injuries to a child?
Using the litigation friend process, a responsible adult can claim for dental negligence at any point before they turn 18-years old. The adult will represent the child’s interests and deal with solicitors on their behalf.
What happens to child compensation settlements?
If a dental negligence claim on behalf of a child is won, a court will verify that the settlement award is fair. Then they will place the funds into a trust fund and manage this until the child turns 18. During that time, a responsible adult can request funds from the court if they directly benefit the child.
Could my claim for dental negligence payouts in the UK go to court?
Generally, it is very rare for dental negligence claims to result in a court hearing. That’s partly because dental negligence solicitors vet cases before accepting them.
How long do claims take?
Where the liability for a dental negligence claim is admitted early on, the claims process can take a matter of months to be finalised. However, if liability or causation is not agreed upon, the claim could go beyond a year. During this time, the extent of your injuries and the cause of them will be discussed by all parties involved.
How are dental negligence payouts in the UK calculated?
If you would like to know what dental negligence payouts in the UK could include, this depends on the case. In general, your payout could be made up of:
General damages – the amount of compensation for the loss of amenity, pain and suffering caused by the negligence. You would need a medical report to evidence the harm you’d suffered.
Special damages – these are the financial costs and losses suffered because of the injuries you’ve sustained. They could include care costs, medical and travel expenses, as well as loss of earnings. These are just a few examples.
How can I make sure I have the best chance of receiving dental negligence payouts for a UK claim?
You could go ahead and make a claim without a solicitor to help you. However, it could be a wise idea to have a professional work on your claim.
They would know what evidence would be needed to maximise your chances of success. They could also take the legal legwork off you, allowing you to concentrate on recovering.
Would I receive dental negligence payouts for UK claims involving my child?
If you claim for your child as their litigation friend, you would not usually be given their compensation. Instead, it would go into a trust. The child could access their compensation once they turn of age.
Could I claim dental negligence for misdiagnosis of oral cancer?
You could be eligible to claim if a dentist failed to spot signs of oral cancer when they would have been expected to do so, and you suffered more harm than you should because of their negligence. Please call our team for a free case assessment if you have suffered in this way. We could assist you.
Thank you for reading this guide to dental negligence payouts for UK claims.