Learn How To Sue For Dental Nerve Damage

When you get dental treatment, you expect things to go right with whatever procedure you’re having. While most dental work is performed problem-free, things sometimes go wrong. If you have suffered nerve damage due to dental negligence, you may have grounds to claim compensation. In this guide, you’ll find all you need to know about how to sue for dental nerve damage.

To start, we will explain the eligibility criteria for pursuing compensation and why dental negligence claims happen. Then, we’ll take a look at the causes of nerve damage and some scenarios showing how negligent treatment can be at fault.

As we continue to explore the claims process, you’ll read about dental nerve damage compensation and what it can potentially cover. Our guide will also explain the steps involved in building a strong claim, from gathering evidence to working with a specialist solicitor from our expert panel.

Our advisors are available 24/7, ready to answer any questions you have about making a nerve damage compensation claim. Get started using the details below:

A dentist performs a check up on a patient.

Jump To A Section

  1. How To Sue For Dental Nerve Damage
  2. How Much Compensation For Dental Nerve Damage?
  3. Examples Of Dental Treatments That Can Lead To Damaged Nerves
  4. Are There Different Kinds Of Nerve Damage?
  5. What You Need To Start A Nerve Damage Claim Against Your Dentist
  6. Get Help From How To Sue
  7. More Information

How To Sue For Dental Nerve Damage

To sue for dental nerve damage, you need to establish the following:

  • A dental professional owed you a duty of care.
  • They breached this duty.
  • The breach led to avoidable or otherwise unnecessary harm.

You are automatically owed a duty of care by anyone who performs dental treatment. Dental professionals meet this duty by providing patients with a level of care that meets the minimum standard expected of them. The General Dental Council (GDC), the regulator for UK dental professionals, sets and maintains standards that govern performance, ethics, and conduct.

When a dentist, technician, or nurse falls below expected standards, they may breach their duty of care. If that breach results in avoidable or unnecessary nerve damage or other harm, it can lead to a patient having a valid compensation claim. We’ll take a look at some examples of how dental negligence can happen later on in this guide.

Before we continue with our guide, it’s important to remember that dental procedures do come with some inherent risks, and harm is not always avoidable. In some cases, a patient may suffer from complications like bleeding or infection, even when the dental team provides the correct standard of care.

Time Limits

Dental negligence claims usually have a window of 3 years to be started. This time limit is set out by a piece of legislation called the Limitation Act 1980 and can be dated either to when the negligence occurred or when you reasonably became aware that you suffered because of it.

The act does make exceptions to this limitation period for individuals who cannot make a claim by themselves, specifically children and mentally incapacitated adults. These 2 groups are only subject to the 3-year time limit in the following circumstances:

  • Once a minor turns 18, the 3 years apply from their 18th birthday. That gives someone until they turn 21 to claim.
  • If a vulnerable adult regains their mental capacity, then the standard time limit will take effect from the time of recovery. Otherwise, time limits are put on hold indefinitely.

In either case, a litigation friend can be used to help someone pursue compensation before time limits apply. While any adult can fill the role, loved ones and solicitors are the most common candidates.

To find out if you have a case for dental negligence or to discuss what a litigation friend is, feel free to get in touch with our advisory team. Otherwise, please keep reading our guide on how to sue for dental nerve damage.

A man holds his cheek in pain after he suffered dental nerve damage.

How Much Compensation For Dental Nerve Damage?

Compensation payouts in dental nerve damage claims are made up of 2 heads of loss: General and special damages.

General damages cover your pain and suffering, including any emotional distress you may have experienced. This head of loss may consider factors like the severity of your nerve damage, whether or not it is permanent, and how your quality of life has been affected.

Your solicitor may use a publication called the Judicial College Guidelines (JCG) to help assess the potential value of your general damages. The document collates various forms of harm alongside guideline compensation brackets for them. You can find some of these brackets in our table.

This JCG table is to be used only for guidance and is not a guarantee of how much compensation you might receive in a successful claim. Please also bear in mind that the top-most figure isn’t from the document.

HarmSeverityCompensation
Multiple Forms of Severe Harm + Special Damages Like Care CostsSevereUp to £500,000+
Psychiatric Damage GenerallySevere£66,920 to £141,240
Moderately Severe£23,270 to £66,920
Post-Traumatic Stress DisorderSevere£73,050 to £122,850
Moderately Severe£28,250 to £73,050
SkeletalFractures of Jaws (i)£37,210 to £55,570
Fractures of Jaws (ii)£21,920 to £37,210
Damage to TeethUp to £46,540
Damage to Teeth (i)£10,660 to £13,930
Injuries Affecting the SensesLoss of Taste£23,430 to £30,500

Can Dental Nerve Damage Claims Pay For Anything Else?

Yes, nerve damage claims can also recover expenses connected to the harm suffered. This is possible through a head of loss called special damages. If you have evidence like invoices and wage slips, you could claim for losses like:

  • Medical expenses, such as treatments to address nerve or tooth damage, as well as prescription costs.
  • The cost of travelling between medical appointments.
  • Physiotherapy, rehabilitative care, and various forms of assistive therapy (such as occupational and relaxation).
  • Counselling and other services for mental health problems related to your nerve damage.
  • Care to help with things like day-to-day tasks and meal preparation.

Our advisory team is waiting to answer any questions you may have about dental negligence compensation. So, please don’t hesitate to get in touch.

Examples Of Dental Treatments That Can Lead To Damaged Nerves

In the following sections, you’ll see several examples of how negligent dental treatment can cause nerve damage.

Tooth Extractions

Nerve damage has the potential to occur during tooth extractions, even in cases where there is no negligence. However, there may be grounds for a dental negligence claim if you weren’t able to give informed consent because a dentist didn’t outline these risks or provide adequate information about the procedure. A dentist may also be at fault for nerve damage if they used excessive force or didn’t perform pre-op imaging scans.

  • Example: Your dentist doesn’t perform any pre-procedure scans to identify how close the nerves are to your teeth. This failure leads you to suffer serious nerve damage and long-term paraesthesia during your tooth extraction.

Fillings

Fillings can aggravate nerves, leading to irritation and pain that usually subsides after a short time. However, persistent pain may be a sign of dental nerve damage. Negligence may be at fault in several scenarios, including cases where a dental team incorrectly use instruments or anaesthesia.

  • Example: While having a filling fitted, you suffer serious trauma when a dentist applies excessive force to inject anaesthesia. Their actions lead to permanent nerve damage, impairing your speech and ability to eat.

Dental Implants

There are several reasons why you may suffer nerve damage during a dental implant procedure. For instance, your dentist might employ improper techniques while drilling, incorrectly position an implant, or use an implant that is too long and compresses the nerve.

  • Example: A dentist doesn’t adequately follow their training while installing a dental implant, leading them to drill too deeply into the jaw. You subsequently suffer lasting nerve damage and a severely fractured jaw.

Root Canals

Root canal procedures are designed to save teeth by treating infections through the removal of bacteria. There are a number of reasons why this treatment may cause nerve damage, including if a tooth is perforated due to root canal overfill or if a dentist doesn’t take appropriate precautions during the cleaning process.

  • Example: While performing root canal treatment, a dental professional fails to use a rubber dam designed to prevent exposure to the irrigation solution (sodium hypochlorite). The dentist’s failure to use it and properly manage the subsequent solution spill causes you to develop a serious infection and suffer nerve damage.

This list is by no means exhaustive, nor will every instance of nerve damage be caused by negligent treatment. So, please don’t hesitate to discuss your experience with a member of our advisory team to see if you have a case to claim.

A dentist performs a check-up on a woman with a damaged trigeminal nerve.

Are There Different Kinds Of Nerve Damage?

Yes, there are several types of dental nerve damage, including:

  • Inferior alveolar nerve damage: The inferior alveolar nerve helps you feel sensation in your lower jaw. It is often numbed for certain dental procedures, and damage can reduce taste, cause intense pain, and increase sensitivity.
  • Lingual nerve damage: This nerve carries taste and touch sensation from the tongue to the brain. Damage can cause significant pain and affect how a person speaks, eats, and swallows. It may occur during procedures to remove wisdom teeth. 
  • Mental nerve damage: Your mental nerve provides sensation for your lower lip and parts of your chin and gums. If it is damaged, symptoms can range from tingling to facial numbness.

Common Dental Nerve Damage Symptoms

Nerve damage symptoms vary, but some of the more common include:

  • Changed sensations or pain, such as tingling, pins and needles, and burning. The affected area may experience sudden and intense pain.
  • Difficulties with eating or drinking. There may also be a loss of taste if the lingual nerve is damaged.
  • Issues with the ability to speak.
  • Numbness, including the tongue (in cases of lingual nerve damage).

How Long Will It Take For Nerve Damage To Recover?

The timeframe for recovery can be influenced by various factors, including the type of nerve damage suffered and its extent. For instance, lingual nerve damage is often temporary, with recovery generally within a few weeks. More severe forms may last months, while persistent symptoms may indicate permanent nerve damage.

Treatment depends on the nature and extent of the nerve damage. It can include:

  • Medications: May involve the use of anti-inflammatory drugs or nerve pain medications.
  • Nerve blocks: This technique uses a medication like a local anaesthetic to temporarily relieve pain.
  • Surgery: Procedures can include neurolysis (the removal of scar tissue) and neurorrhaphy (nerve repair or grafting).
  • Physical or relaxation therapy: Exercises, meditation, and guided imagery can be used to help with nerve damage.

Keep reading our guide on how to sue for dental nerve damage, as we next take a look at how to start your claim. Our advisors are also on hand if you would like to discuss your experience of negligent dental care.

What You Need To Start A Nerve Damage Claim Against Your Dentist

To start a dental nerve damage claim, you need to have proof showing how you were harmed by a dentist breaching their duty of care to you. You can use various types of evidence to do so, including:

  • Dental records and general medical information, which may show if a dentist fell short of expected standards. These files can provide a timeline of treatments, dental procedures, and the extent of your nerve damage.
  • Visual proof, such as photographs of any visible damage or copies of X-rays and other imaging scans.
  • Correspondence with the dental practice, including emails and letters, that might be relevant to your claim.
  • Contact details for anyone who can provide a solicitor with a statement as part of the claims process.

We understand that gathering evidence can appear daunting, which is why we recommend reaching out to a solicitor familiar with the dental claims process. If you decide to work with a solicitor from our panel, you’ll get all the help needed to obtain evidence for your claim. Contact our team to find out more.

Get Help From How To Sue

Here at How To Sue, we work with a panel of specialist No Win No Fee solicitors who are committed to a client-first approach to handling claims. They have represented claims across the country, providing constant support from start to finish to those who have suffered because of negligence. With a proven track record and years of combined experience, they have the expertise needed to help you claim the compensation you deserve.

As touched on above, the solicitors from our panel represent clients through a type of No Win No Fee arrangement called a Conditional Fee Agreement (CFA). It helps anyone make a claim regardless of their financial situation by ensuring there are no solicitor fees to pay either:

  • Upfront.
  • During the claim.
  • If the claim fails.

So, if you don’t get compensation, you don’t have to pay any solicitor fees at all. If you do win, your solicitor will be paid for their services through something called a success fee. The fee is taken from your compensation, but the percentage is kept small thanks to a cap imposed by The Conditional Fee Agreements Order 2013.

Contact Our Advisors

Our advisors are waiting to help. Whether you’re ready to get started or want further guidance, they’re here to support you from the outset. There are no obligations once you get in touch, so please reach out today:

A solicitor explains how to sue for dental nerve damage to a client.

More Information

For further reading, please consider the following guides:

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We’re here to help, so please don’t hesitate to get in touch for further guidance on how to sue for dental nerve damage.