Are You Eligible To Claim For Dental Negligence?

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. 

Dental negligence

Dental negligence claims guide

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. In just one call 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

  1. When Are You Eligible To Claim For Dental Negligence?
  2. How Could A Healthcare Professional Cause Dental Negligence?
  3. Compensation You Could Recieve When Claiming For Dental Negligence
  4. What Evidence Could You Use To Make A Claim?
  5. Claim For Dental Negligence On A No Win No Fee Basis
  6. 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. 

Dentists 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’re harmed as a direct result, then you could be entitled to claim. The ways that dentists are expected to act are set out by the General Medical Council. A breach of duty of care that causes avoidable or unnecessary harm is known as negligence.

Not all instances of harm in the process of dentistry will be grounds for a 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.

If you’d like to learn more about the criteria you’ll have to satisfy to make a claim, you can discuss this further with our team of advisors. If you have a legitimate case, they could connect you with a legal representative. 

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 occuring 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 Recieve 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.

Harm Category Compensation
Jaw (i) Very serious £30,490 to £45,540
Jaw(ii) Serious £17,960 to £30,490
Jaw(iii) Simple£6,460 to £8,730
Damage to TeethSignificant tooth pain Up to £38,130
Damage to Teeth(i) Several front teeth £8,730 to £11,410
Damage to Teeth(ii) Two front teeth £4,350 to £7,630
Damage to Teeth(iii) One front tooth £2,200 to £3,950
Damage to Teeth(iv) Back teeth (per tooth) £1,090 to £1,710

Claiming For Special Damages Compensation As Part Of A Nerve Damage Claim

Special damages are the second head of claim; these aim to reimburse 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 kind of No Win No Fee agreement called 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:

Alternatively, you can use the following links to learn more:

Article by Pow

Edited by Sto