Guide to Making a Dentist Claim

In this guide, we’ll cover everything you need to know about making a dentist claim, including:

• Who is eligible to make a claim
• How to start a claim
• How the claims process works
• What you can claim for
• Common reasons for making a claim
• How long a claim takes
• Whether making a claim is worth it

Having a negative dental experience doesn’t automatically mean you’re eligible to make a claim. There are specific criteria that must be met.

1. Your dentist must have breached their duty of care: All dental professionals owe their patients a duty of care. This means they must provide treatment that meets an acceptable professional standard. If your dentist made a mistake or failed to act appropriately, this could be considered a breach of duty.
2. You must have suffered harm as a result: It’s not enough for a mistake to have occurred. It must have directly caused you harm. The harm could be physical, mental, or financial.
3. You must be within the time limit: In most cases, you have three years from the date the negligence occurred (or the date you became aware that negligent treatment may have caused your injury). There are exemptions for children under the age of 18 and individuals who lack mental capacity.

If you’re unsure whether you meet the criteria, we can help. Get in touch with the Dental Law Partnership for a free, no-obligation consultation.

Starting a dentist claim is a lot easier than you might think. The first step is simply to get in touch with a specialist dental negligence law firm, like the Dental Law Partnership. They will assess your case and determine whether you have a valid claim, for free and with no obligation to proceed.

You will be asked a series of questions to understand what happened. This might include:

• The treatment you received
• When and where it took place
• The issues or complications you experienced
• How it has affected your life

If your claim is accepted, and you choose to proceed, your legal team will handle the claims process on your behalf.

Start your claim with the Dental Law Partnership today.

The claims process can vary from firm to firm, but here’s how it typically works at the Dental Law Partnership:

1. Initial assessment: One of our friendly team members will talk through your case with you to help us understand what happened. We use a structured questionnaire to determine whether your claim meets our criteria.
2. Building your case timeline: If we’re able to take your claim forward, you’ll be asked to review and sign our terms and conditions, along with a no-win, no-fee agreement. Your case will then be passed to a paralegal, who will begin reviewing the details. We’ll obtain your dental records to piece together a clear timeline.
3. Drafting your letter of claim: If your claim is strong enough to proceed further, it will be assigned to a specialist dental solicitor who will prepare and submit a formal letter of claim to the defendant. The defendant then has four months to respond. Once a reply is received, your solicitor will begin negotiations with the other party or their representative to work towards a settlement

Most claims are resolved at the negotiation stage. However, in some cases, where a settlement cannot be reached, it may be necessary for a claim to go to court. This is relatively rare, and your legal team will guide you every step of the way if it does happen.

Compensation in dental negligence claims is designed to reflect the impact that the negligent treatment has had on your life and to help to cover any financial losses you may have experienced as a result. 

You’ll be able to claim for:

• General damages: This covers the pain, suffering, and impact on your quality of life.
• Special damages: This covers financial losses, such as the cost of corrective dental treatment, travel expenses, or lost earnings.

Each claim is unique, so the amount of compensation will vary depending on your specific circumstances. However, you can use our compensation calculator to get a rough idea of how much you could receive, based on similar claims we’ve settled in the past.

There are many reasons someone might make a dentist claim. Some of the most common reasons include:

• Misdiagnosis or delayed diagnosis of dental conditions
• Poorly performed procedures (e.g. extractions, root canals, implants)
• Nerve injuries during dental procedures
• Infections due to improper treatment
• Failure to obtain informed consent
• Cosmetic dentistry errors

If you’re not sure whether what happened to you can be classed as dental negligence, get in touch for a free consultation. We’ll be able to advise you on whether you have grounds for a claim, and there’s no pressure to start the process with us if you don’t want to.

No, you don’t have to make a formal complaint to your dentist before starting a claim. While some patients do choose to raise their concerns directly with their dentist or dental practice first, it is not a requirement, and you can still pursue a claim without doing so.

In some cases, a complaint may:

• Provide additional evidence about what happened to you
• Show that you raised concerns
• Highlight how the issue was handled

However, if you feel uncomfortable making a complaint, you can proceed without this step.

See our dental complaints guide for more information.

There is no fixed timeframe for dental negligence claims. The amount of time it takes to resolve a claim varies on a wide range of factors, including:

• The complexity of the case
• The availability of evidence
• Whether liability is admitted
• Whether the case settles early or goes to court

Some claims may be resolved within months, while others can take longer. You shouldn’t let the length of the process put you off – your solicitor will handle your claim on your behalf, so it won’t be time-consuming for you.

It’s normal to feel hesitant about making a claim, especially if you’re still recovering from the aftermath of dental negligence. However, many of our clients have found that pursuing a claim helps them obtain answers about what went wrong and access the support they need to move forward.

Many people find that making a claim is worthwhile because it:

• Provides financial support for corrective treatment
• Recognises the pain and suffering you’ve experienced
• Holds dental professionals accountable
• Helps prevent similar issues from happening to others

With a no-win, no-fee agreement, there’s no financial risk in pursuing a claim. This means you can start a claim knowing you won’t have to pay anything if your claim is unsuccessful.

If you’ve suffered as a result of dental negligence, starting a claim can help you get the justice and compensation you deserve. At the Dental Law Partnership, our experienced dental negligence team will guide you through every stage of the process, handling the legal complexities on your behalf so you can focus on recovery.

We work on a no-win, no-fee basis and are a leading firm featured in The Legal 500. We’ve helped thousands of clients like you to make successful dentist claims over the years – take a look at our client stories to get an idea of what you can expect.

Start your claim online today or get in touch for a free, no-obligation consultation.