How To Sue A Dentist For Negligence

Sue For A Dentist's Negligence

Sue For A Dentist’s Negligence

Are you wondering how to sue for a dentist’s negligence? Have you suffered injuries to your teeth or gums that could have been prevented? This guide aims to provide you with the information to decide whether or not you could make a dental negligence claim.

Within this guide, we will share some examples of how a dentist could breach their duty of care to you. Additionally, we will advise on the potential evidence needed to make a successful claim and how much compensation you could receive for your injuries.

If you would like to speak to someone personally about your specific claim, you can contact our team of advisors. They are available 7 days a week to offer you free legal advice regarding your claim.

To talk with a member of our team:

About Suing For A Dentist’s Negligence

  1. How To Sue For A Dentist’s Negligence
  2. What Evidence Do I Need To Sue For Dental Negligence?
  3. Dental Negligence Compensation Examples
  4. How To Sue For A Dentist’s Negligence With A No Win No Fee Solicitor
  5. Ask Our Team About How To Sue A Dentist For Compensation
  6. Learn More About Dental Negligence Claims

How To Sue For A Dentist’s Negligence

Have you received poor dental treatment? Or perhaps you went in with symptoms, and your dentist didn’t take them seriously. Are you now suffering the consequences of dental negligence? If so, then you may be eligible to make a dental negligence claim.

All medical professionals owe their patients a duty of care, whether they be a doctor, nurse or dentist that works at a hospital, GP surgery, nursing home or dental practice. They have a responsibility to provide you with the correct standard of care, ensuring you do not suffer any unnecessary harm.

There are various dental professionals, such as:

  • Dentists
  • Dental nurses
  • Dental technicians
  • Dental hygienists 

Additionally, the General Dental Council has set out specific standards dental professionals must follow to ensure that their patients are receiving the correct standard of care. These obligations include:

  • Listening to patients, e.g. their concerns.
  • Treating every patient with dignity and respect.
  • Provide a hygienic and safe environment to treat patients.
  • Treating every patient fairly and without discrimination.
  • Follow laws and regulations regarding dentistry.

Some examples of how a dental professional could breach their duty of care and cause you harm are:

  • Complications from symptoms that weren’t taken seriously, e.g. nerve damage, mouth cancer, gum disease.
  • Lifelong pain due to a break or fracture in the jaw caused by a standard of care that fell below expected. 
  • The wrong tooth was removed because the patient’s files were mixed up
  • Allergic reaction to the anaesthetic because the dentist failed to read the patient’s file.

However, to be able to sue for a dentist’s negligence, you must be able to prove that a dental professional breached the duty of care they owed you, which caused you to suffer unnecessary harm.

If you are still unsure whether you could make a claim, you can contact us for some free legal advice.

What Evidence Do I Need To Sue For Dental Negligence?

Evidence is important to building a valid claim. If you want to sue for a dentist’s negligence, you will need to prove that they breached their duty of care and, as a result, you were harmed. Some evidence you could collect and provide to help support your claim are:

  • Medical records and dental records. – This will provide evidence of what your teeth, gums, mouth and jaw were like before they were injured. It will also show the injuries you sustained as a result of the dentist breaching their duty of care and any treatments you had to receive for your injuries
  • A complaint letter to the dental practice responsible.
  • Photographs of your injuries.

Sometimes in medical negligence claims, if liability cannot be decided, a Bolam Test may take place. This is when an unbiased panel of professionals assesses whether you received the correct standard of care. If they agree that the standard provided was below of what should have been expected, this could help support your claim.

Additionally, you may want to seek some legal advice following dental negligence. If so, you can call our team of advisors, who can answer any questions you may have regarding your claim.

Dental Negligence Compensation Examples

Should your dental negligence claim be successful, you will be awarded general damages. Additionally, if you qualify for general damages, you may also be awarded special damages. But what does this mean:

General Damages – Any mental and physical harm that has affected your quality of life caused by your injury could be compensated via general damages. Again, providing medical evidence of any diagnostics and treatments will help you towards making a successful claim for general damages.

Special Damages – Any of the past (and potential future) financial losses that have been caused by your injuries could be compensated via special damages. Providing evidence such as payslips for lost wages, invoices for private medical treatments, and receipts for travel expenses will help you.

The following table provides compensation figures for various injuries you could have suffered as a result of dental malpractice. The figures have been taken from the 16th edition of the Judicial College Guidelines (JCG) as it is a document solicitors may use to value claims. The following figures should only be used as a guideline as how much you could receive will depend on the specific factors of your case.

Injury SeverityAmount
Post-Traumatic Stress Disorder (PTSD)Severe (a)£59,860 to £100,670
PTSDLess Severe (d)£3,950 to £8,180
Facial disfigurementVery Severe (a)£29,780 to £97,330
Facial disfigurementTrivial Scarring (e)£1,710 to £3,530
Fractures of Jaws Serious (e) (ii)£17,960 to £30,490
Fractures of Jaws Simple (e) (iii)£6,460 to £8,730
Damage to TeethSerious Damage to Several Front Teeth (f) (i)£8,730 to £11,410
Damage to TeethSerious Damage to Two Front Teeth (f) (ii)£4,350 to £7,630
Damage to TeethSerious Damage to One Front Tooth (f) (iii)£2,200 to £3,950
Damage to TeethLoss or Damage to Back Teeth (f) (iv)£1,090 to £1,710

If you have any questions regarding how to sue for a dentist’s negligence and the potential compensation you could receive, call an advisor today.

How To Sue For A Dentist’s Negligence With A No Win No Fee Solicitor

If you decide to sue for a dentist’s negligence, you could make your claim with a No Win No Fee solicitor.  

Your specific agreement may be referred to as a Conditional Fee Agreement, as this is a type of No Win No Fee agreement.

With this type of arrangement, you will not have to pay them for their services if they do not win your claim. But, if you do win, you’ll pay them a legally capped success fee from your compensation. Additionally, there are usually no upfront solicitor fees to start your claim or any fees whilst your claim is ongoing.

For more information on how a solicitor from our panel could help you with your dental negligence claim, contact us today. 

Ask Our Team About How To Sue A Dentist For Compensation

We understand that you may still have some questions about how to sue for a dentist’s negligence. If you want any of your questions answered, contact our advisors. We are here to help you 7 days a week and can offer you free legal advice about your claim.

To talk with a member of our team:

Learn More About Dental Negligence Claims

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