Last updated 12th December 2024. In this guide, we’ll be discussing the process of making a claim after suffering harm as a result of dental negligence. If you can prove that a breach of duty of care by a dentist resulted in avoidable harm, you may be able to make a negligence claim.
All medical professionals automatically owe a duty of care to their patients; we’ll explain what this means in further detail further in this guide. We will also look at the kinds of complications that can arise from negligent dental care as well as how settlements in successful claims are valued.
If you have any further questions, then you can ask our team of advisors for legal advice by using the contact details provided below. By having a chat to us, you can get an understanding of how much compensation you could potentially be entitled to in the event of a successful claim. They may also be able to connect you with a No Win No Fee solicitor from our panel.
Contact us by:
- Fill out your details in the contact us section of our website
- Call us at 0800 408 7827
- Talk with a member of our team of advisors by using the Live Advice feature to the bottom of your screen now
Choose A Section
- When Are You Eligible To Claim For Dental Negligence?
- How Could A Healthcare Professional Cause Dental Negligence?
- Compensation You Could Receive When Claiming For Dental Negligence
- What Evidence Could You Use To Make A Claim?
- Claim For Dental Negligence On A No Win No Fee Basis
- Learn More About Dental Negligence Examples And How To Claim
When Are You Eligible To Claim For Dental Negligence?
You may be able to claim for dental negligence if you can show that you were harmed by a dentist breaching the duty of care they owed you. These components together are negligence.
All dental professionals owe a duty of care to the patients they treat. This means that they have a responsibility to provide a level of care that meets a minimum standard. If the level of care falls below this standard, and you are harmed as a direct result, then you could be entitled to claim dental negligence compensation. The General Dental Council set out the ways that dentists are expected to act to deliver the correct standard of care.
However, not all instances of harm in the process of dentistry will be grounds for a dental negligence claim. In some cases, such as a wisdom tooth extraction, you might experience pain as part of the normal process of carrying out this procedure.
As such, here are the dental negligence claims eligibility criteria:
- A dental professional, such as your dentist, owed you a duty of care.
- This duty of care was breached due to substandard care.
- As a result, you suffered avoidable harm (harm that could’ve been prevented).
If you believe that you meet the above eligibility criteria, please contact us today to learn more about how to sue a dentist. After having a chat with you, one of our advisors could connect you with a specialist solicitor from our panel if you have a legitimate case.
How Could A Healthcare Professional Cause Dental Negligence?
Below are some examples of how the actions of a dentist could cause you harm:
- A dentist removing the wrong tooth
- Your dentist failing to refer you for testing after spotting signs of oral cancer
- Nerve damage occurring because your dentist uses the wrong tool
A dentist breaching the duty of care they owe you is not enough to be grounds for a claim alone. You must show that you were harmed by the breach of duty of care that they were responsible for.
If you’re unsure about the validity of your claim, then you can discuss this further with our team of advisors.
Is There A Time Limit When Making A Dental Negligence Claim?
As per The Limitation Act 1980, it’s important to be mindful of the time limits that you’ll have to abide by when starting a dental negligence claim. You’ll have three years from the date the incident occurred or the date that you became aware that you were harmed by dental negligence.
However, there are exceptions to these rules. If a person is under the age of eighteen when the negligence occurs or doesn’t have the mental capacity required to make a claim, a litigation friend could do so on their behalf. In the case that the claimant becomes capable of pursuing their own claim, then the time limit would begin provided that one hasn’t already been made.
Compensation You Could Receive When Claiming For Dental Negligence
After making a successful claim for a dentist’s negligence you could be entitled to receive compensation that is made up of two heads of claim.
The first of these is general damages, which is a head of claim that aims to compensate you for any pain or suffering caused by your injuries. Solicitors will use the Judicial College Guidelines to help them assign a value to your claim. This is a publication made up of guideline compensation brackets for different kinds of harm.
It’s important to note that every claim has to be looked at on a case-by-case basis in order for a value to be determined. Because of this, you should be mindful that these figures aren’t guaranteed. Additionally, the top figure is not from the JCG.
| Harm | Severity | Compensation |
|---|---|---|
| Multiple serious injuries with monetary losses | Serious | Up to £250,000+ |
| Fractures of Jaws | Very serious (e)(i) | £37,210 to £55,570 |
| Serious (e)(ii) | £21,920 to £37,210 | |
| Simple (e)(iii) | £7,880 to £10,660 | |
| Damage to Teeth | Significant and chronic tooth pain | Up to £46,540 |
| Loss/serious damage to several front teeth (f)(i) | £10,660 to £13,930 | |
| Loss/serious damage to two front teeth (f)(ii) | £5,310 to £9,310 | |
| Loss/serious damage to one front tooth (f)(iii) | £2,690 to £4,820 | |
| Loss/damage to back teeth (per tooth) (e)(iv) | £1,330 to £2,080 |
Claiming For Special Damages Compensation As Part Of A Nerve Damage Claim
Special damages are the second head of claim and reimburses successful claimants for any financial losses they may have experienced as a result of their injuries. This can come in the form of:
- Loss of earnings
- Cost of care
- Medical expenses
- Travel expenses
- Cost of renovations to your home
You’ll have to provide evidence to support this head of claim, which can come in the form of invoices, bank statements and receipts.
What Evidence Could You Use To Claim?
When making a dental negligence claim, it’s important that you can provide evidence to support that you were harmed as a result of negligence. Potential types of evidence that you can use to prove that you were injured as a result of dental negligence include:
- Keeping a diary of your treatment and the symptoms you experience.
- Getting medical care and asking for copies of any records produced as a result of your injury.
- Taking photographs of the site of the harm.
If you’re struggling to gather evidence to support your claim, then one of the solicitors from our panel could help you to gather any necessary evidence that could prove to be helpful for you. You could be connected with a lawyer following an initial consultation, provided you have a valid claim.
Claim For Dental Negligence Compensation On A No Win No Fee Basis
If you make a claim with one of the No Win No Fee solicitors from our panel, you might be offered a No Win No Fee arrangement known as a Conditional Fee Agreement (CFA). This can present a number of benefits.
For example, when making a CFA, you won’t have to pay any continuous or upfront fees for your legal representation. Additionally, in the case that your claim is unsuccessful, you won’t typically have to pay anything at all for the work your lawyer has done.
In the event that you’re successful in your claim, your lawyer will take a legally limited success fee from your settlement. The percentage that they can deduct is legally capped and will be established before work starts on your claim.
Contact us by:
- Fill out your details in the contact us section of our website
- Call us at 0800 408 7827
- Talk with a member of our team of advisors by using the Live Advice feature available on our website.
Learn More About Dental Negligence Examples And How To Claim
If you’d like to learn more about making a claim after being injured due to dental negligence, you can read more of our guides below:
- How to sue a doctor for compensation
- How to sue for harm caused by the wrong medication
- How to sue for GP misdiagnosis
Alternatively, you can use the following links to learn more:
Article by Pow
Edited by Sto