Claim against dentist for tooth decay
Tooth decay occurs when plaque builds up and begins to break down the hard outer surface of a tooth (the enamel). You might be able to claim against your dentist for tooth decay if they failed to correctly diagnose or treat your tooth decay, leading to preventable pain and suffering or the extraction of teeth that could have been saved.
At the Dental Law Partnership, we specialise in dental injury claims and can help you get the justice and compensation you deserve for tooth decay that was worsened as a result of negligent care from a dental professional.
Start your dental negligence claim online today or call us for free on 0800 152 2034.
How do I know if I have tooth decay?
It can be difficult to tell if you have tooth decay in the early stages as there may not be any symptoms for you to notice. This is one reason why it’s important to go for regular check-ups with your dentist, so that they can spot the signs early even if you are not yet feeling any ill effects. As tooth decay advances, you will usually start to notice some symptoms, which can include:
- Visible staining or small pits/holes on teeth that are visible when you look at your teeth in the mirror
- Toothache without an apparent cause
- Sensitivity to sweet, hot or cold drinks or food
- Pain when biting down as you eat
- Broken or damaged teeth
If the problem becomes severe, you might experience symptoms that interfere with your usual daily activities, making chewing and eating difficult, causing dental abscesses, or even causing you to lose teeth entirely.
Am I eligible to claim against my dentist for tooth decay?
If your dentist has been negligent in your care regarding tooth decay, and this results in pain, suffering or financial loss, you may be eligible to make a claim for compensation.
If you have tooth decay that has not been correctly diagnosed or effectively treated by your dentist, despite regular visits, the problem can progress to a stage where you need to have restorative dental treatment, or you may even have teeth that cannot be saved and require extraction.
It might be that your dentist missed a cavity on several visits, which resulted in the problem getting much worse, or it could be that your dentist missed tooth decay altogether, meaning that you were not treated when you should have been, and this made your condition worse.
Another instance where you might be able to claim compensation is if your dentist didn’t fill the cavity correctly when originally treating your tooth decay and was negligent with your care. If this has meant that you’ve experienced recurrent decay under fillings and required more restorative treatment, which would have been avoidable if there was no negligence originally, you might be able to make a claim.
What can I do if I think I might have a dental negligence claim for tooth decay?
If you think that you might be eligible to make a dental negligence claim because your dentist didn’t properly diagnose or treat your tooth decay, the first thing you should do is contact the Dental Law Partnership.
Our legal experts will be able to determine whether you have a valid claim and will talk you through what happens next if you decide to proceed. You can find out more about the process of making a dental negligence claim here.
How much compensation could I get for a tooth decay claim?
The compensation you’ll be awarded if your claim is successful will depend on a number of factors, including the extent to which you’ve suffered as a result of your dentist’s negligence. If you’ve suffered financially, such as by having to pay for restorative treatment, this will also be factored into the final compensation amount.
You can use our compensation calculator to give you a rough idea of how much you may receive. Alternatively, check out our guide on average dental negligence claim payouts to see how much your tooth decay claim could be worth.
Start your tooth decay claim with the Dental Law Partnership
If you believe your dentist failed to diagnose or treat tooth decay properly, leaving you in avoidable pain or needing treatment that could have been prevented, you may be eligible to make a dental negligence claim.
At the Dental Law Partnership, we make the claims process easy, handling all the legal complexities on your behalf. And the best part? We operate on a no-win, no-fee basis, which means you won’t pay anything if your claim is unsuccessful.
Start your dental negligence claim online today or request a callback from a member of our team.
Tooth decay FAQs
Answers to common questions about tooth decay, its causes, and when it could be linked to dental negligence.
In some circumstances and if your problem is urgent, you may be able to get some help with dental pain from A&E (Accident & Emergency) but only if:
- You are bleeding significantly and the bleeding will not stop
- You have difficulty breathing
- You are in very severe pain that isn’t helped by painkillers
- You have suffered trauma to your face, mouth or teeth as a result of an accident or injury
Regular dental treatment cannot be given by A&E departments and they will refer patients instead to the emergency and out-of-hours dental services unless they meet the above criteria. Recent research found that people going to A&E instead of seeking help from a dentist could be costing the NHS up to £18m a year.
If your dentist has recommended work that you don’t think you need, you can seek a second opinion from another dentist to see if they agree that the treatment originally recommended is required. If your dentist has already carried out work that you believe wasn’t necessary, and you feel that they have been negligent in your care, you may be able to make a claim against them.
If you’ve had dental treatment from an NHS dentist that you think was poor, they will usually carry out any necessary restorative work, free of charge if it is within 12 months of the original treatment. If you are still not happy with the dental treatment that has been carried out, and want to request a refund, you can complain to your dental practice, NHS England or the Health Board if you are in Wales.
If you received dental treatment, which you believe to be of poor quality, from a private dentist, you can contact the Dental Complaints Service, who may be able to assist you in seeking a refund.
If you think that your dentist has been negligent in your care, whether it’s at a private or NHS practice, you may be eligible to make a compensation claim. Contact us for a free claim assessment.
We’re here to listen and help you move forward
Start your claim
Fill in your details below and one of our team will be in touch shortly for a free, confidential conversation. No pressure, just honest, expert advice.