What Is Dental Malpractice?

Dental malpractice refers to an instance in which injury (whether physical or psychological) is caused by the actions of a dentist failing to take the proper care. If a dentist performs negligently, poorly, or inappropriately and avoidable harm is caused to the patient, malpractice is considered to have occurred.

Why Should You Make a Dental Malpractice Claim?

Making a claim will allow you to get the justice you deserve, also potentially helping other people to avoid similar harm occurring to them in the future. Another reason to consider going through the claims process is that you may be able to get compensation for your treatment.

When Can You Make a Dental Malpractice Claim?

You can make a malpractice claim three years from the date the negligence occurred, or when you became aware of the negligence. However, if you think you might have a valid claim, it’s worth getting in touch with us as soon as possible – as the evidence gathering process can take some time.

What are the time limits for making a dental negligence claim?

A 3-year limitation period applies to the majority of dental negligence claims. This means that you must start your claim within three years from the date of the alleged negligent act, or from the date on which you found out that the negligence occurred. For example, if you were treated by the same dentist for decades and upon their retirement, a new dentist diagnosed advanced gum disease, the limitation period would run from the date you were made aware negligent treatment had occurred. However, there are some exceptions to this basic rule. Children – The 3 year time limit does not apply to children under the age of 18- however it will run from their 18th birthday and expire when they turn 21. Adults without mental capacity- the time limits do not apply to adults that lack mental capacity to make their own decisions. The limitation period would only apply if and when they regained capacity to make their own decisions

What is the dental negligence claims process?

The dental negligence claims process starts with an assessment of your claim by a solicitor. If you decide to proceed with the claim, your solicitor will try to negotiate a settlement with the other party and the majority of claims are settled before court proceedings are needed. If the dental professional that you are claiming against wants to defend the claim and refuses to accept liability for what happened to you, court proceedings may be started. Even up to the day of the court hearing, a last minute settlement may be offered by the other party to avoid court. If the claim does go to court, the judge will decide on the outcome and, if they find in your favour, they will decide on the compensation amount to be awarded.

Why make a dental negligence claim?

If you’ve experienced dental negligence, it can sometimes be a difficult decision whether or not to make a claim for compensation. If successful, you’ll be awarded money that could help you move forward and also give you a sense of some justice being done. Other reasons to make a dental negligence claim include helping to draw attention to the negligent act or treatment, so that the same thing doesn’t happen to other patients. Many of those who make a successful dental negligence claim find that the compensation they are awarded can pay for further dental treatment needed to resolve the issues caused by the negligence, helping to ensure they are not out of pocket because of what happened to them.

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Dental Negligence Claims

Have you suffered from dental negligence in the UK? If you think you have, you may be eligible to open a claim against your dentist.

Before pursuing a dental negligence claim, it’s important to find out exactly what dental negligence is so that you can check whether your situation is applicable.

We’ve created this handy guide to give you all the information you need to start the dental negligence claims process, aiming to help as many people as possible with our expertise.

If you’re ready to proceed with your case, you can start your claim here. Alternatively, if you’d like to speak to a member of our experienced team first, we’ll be happy to help – please contact us for free on 0800 152 2038.

What Is Dental Negligence?

Dental negligence (also known as dental malpractice) refers to situations in which a dentist provides care that falls below acceptable standards, directly causing harm to the patient as a result of their actions.

This harm can be:

Physical: For example, physical injuries such as wrong tooth extraction

Psychological: This could include emotional distress and mental health conditions like PTSD

Financial: There may also be financial implications involved. For instance, if you’ve had to pay for remedial treatment to fix poor dental work

Dental negligence usually arises when your dentist fails to meet the accepted standard of care – whether that’s through misdiagnosis, performing the wrong procedure, or something completely different.

In many cases, you’ll find that several forms of negligence have occurred at once – for example, undergoing unnecessary pain and suffering during treatment may also lead to a psychological fear of the dentist. If you think you’ve suffered from dental negligence, you could have a good chance of making a successful compensation claim against your dentist.

If you’re unsure whether you’ve encountered dental negligence, please contact the Dental Law Partnership today and we’ll advise you accordingly.

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Why Should You Make a Dental Negligence Claim?

The decision to open a dental negligence claim can be a difficult choice to make. However, if you choose to work with The Dental Law Partnership and your case is accepted by our legal team, we promise to work with you throughout your claim to secure justice.

Making a dental claim will allow you to get the justice you deserve for the ordeal you’ve faced, also potentially helping other people avoid harm in the future.

Another key reason to consider going through the dental negligence claims process is that you may be able to get compensation for your treatment. We can’t advise on the exact amount of compensation you will receive if your case is successful, as this depends on several different factors (such as the extent and permanence of the damage). However, we work on a purely conditional fee agreement (CFA) basis, which means that you’ll only ever pay our fees if your claim is successful.

Personal injury

This is the most common dental malpractice claim, particularly if it’s classed as an avoidable injury. Personal injury will usually occur from poor dental treatment and can even lead to subsequent injuries in the future, causing more distress along the way. Some examples include pulling the wrong tooth out or nerve damage, although this isn’t an exhaustive list.

Serious injury

Sometimes patients can be left with life-changing injuries as a result of dental malpractice – for example, if they’ve failed to diagnose oral cancer or if a serious nerve injury has occurred as a direct result of treatment.

Informed consent

As a medical professional, your dentist has a duty of care – part of this includes informed consent. This means they have a responsibility to inform you of all the risks and side effects involved with your treatment. If something happens to you and you weren’t adequately informed by your dentist before starting work on your teeth, you may be able to claim compensation.

Should You Make a Complaint to Your Dentist First?

In the unfortunate event of dental negligence, you may want to make a complaint first, either to the dentist involved or to your dental practice. If you don’t get a satisfactory response, there are several other organisations you can make a complaint to. The complaints process will be slightly different, depending on whether the dental treatment was carried out by an NHS dentist or a private dentist.

To complain about an NHS dentist, you can contact:

NHS England

The Parliamentary and Health Services Ombudsman

The Care Quality Commission (CQC)

To complain about a private dentist, you can contact:

The Dental Complaints Service (DCS)

The General Dental Council (GDC).

If you’re not happy with the complaints procedure or you’d like compensation, you may want to take legal action – you do NOT need to have made a complaint to sue your dentist. At the Dental Law Partnership, we have over 24 years of experience in the legal sector, and will be able to help you through the entire claims process with ease.

It should also be noted that with dental complaints, you only have one year from when the issue occurred in which to make an official complaint. However, dental negligence claims can be opened up to three years after the negligence took place or three years after the negligence was discovered.

You wont be awarded any compensation by making a complaint to your dentist – a legal claim is the only way to secure recompense for your pain and suffering.

We’ll work through your claim until your case has been fully resolved, aiming to provide a positive resolution for all our clients – if you’d like to start the dental negligence claims process, please contact us today and we’ll see if we can help you.

What Happens During a Dental Negligence Claim?

Every case is different, so the exact process for your dental negligence claim may differ depending on the details of your situation. However, the dental claims process usually follows these steps:

When you first contact us, we’ll assess whether your claim has potential by taking your personal information and discussing the details surrounding your treatment.
If your claim is accepted, we’ll provide you with some paperwork to sign, including our no-win, no-fee guarantee. Our team of paralegals will then collect your dental records to establish a timeline for your case.
Our in-house team of dento-legal advisors will assess the details of your claim further, before deciding whether it’s strong enough to pursue.
If your case is deemed to be strong enough, you’ll be allocated one of our expert dental solicitors. Your solicitor will draft a letter of claim, which will be submitted to the defendant. The defendant has up to four months to respond to the letter of claim.
Once the defendant has responded, negotiations can start. In most cases, our dental claims are settled without court proceedings, but if negotiations fail, you may need to go to court to settle your claim.

We will always endeavour to resolve your claim at an early stage, without having to proceed to court. However, every claim is different, so the length and measures involved may differ depending on the specific circumstances of your case. Our claims are run on a conditional no-win, no-fee basis – meaning if your claim is not successful, you won’t have to pay anything towards your legal fees.

Our skilled clinical team is made up of both solicitors and dentists, making them suitably placed to guide you through the claims process. We’ll also go over the evidence you have to support the claim, providing helpful advice at every step.

If you’d like to find out a little more about our claims process, please contact us today at 0800 152 2034.

How Long Do You Have to Open a Claim?

You can open a negligence claim up to three years from the date the negligence occurred, or 3 years from when you became aware of the negligence. If you think you might have a valid claim, it’s worth getting in touch with us as soon as possible.

The main exception to the three-year time limit is if the dental patient was under the age of eighteen when the negligence occurred. In these situations, the three-year rule is applied once the patient turns eighteen.

People with mental health illnesses are also exempt for some time, with a three-year time limit starting from the recovery of their illness.

A dental negligence claim can be filed if avoidable harm or injury has occurred, although you may require sufficient evidence available to prove this. The Dental Law Partnership will work through your claim with you until your case has been fully resolved – if you’d like to start the claims process, contact us today!

How Much Compensation Can You Expect from a Successful Claim?

If you’ve been let down by a dental professional that you trusted to deliver a good standard of care and you have suffered as a result, a successful claim can help you get the compensation that you deserve.

Every situation is different, and there’s no set amount for how much you would normally receive for a dental malpractice claim in the UK. This means that we can’t tell you exactly how much compensation you will receive, although it’s important to note that you will only pay our fees if your claim is successful.

However, our Client Stories page may be able to give you a ballpark figure based on previous cases we’ve taken on.

If you decide to take legal action and your claim is accepted, this isn’t a guarantee that your claim will always be successful, or that you’ll receive the exact amount of compensation you would like. However, we’ll do the very best we can to secure the result you need.

The Different Types of Dental Negligence Injury

As previously stated, the term ‘dental negligence’ refers to situations in which an intentional lack of care has led to some form of injury. Your dentist may not have intentionally caused you harm, but if they breached their duty of care responsibilities and this led to an injury, their actions could be considered negligent.

There are several different types of dental injury that can occur from negligence or otherwise known as malpractice – you may be entitled to make a claim, regardless of the severity of your injury. It doesn’t necessarily matter how big or small the damage is either – if you believe that dental negligence has occurred, it’s important to seek legal advice from a trusted specialist like the Dental Law Partnership.

Common examples of dental negligence injuries include:

Jaw fracture dental negligence claims: Experiencing a jaw fracture because of dental negligence is rare, but these injuries can be extremely traumatic if they happen.

Compensation for wrong tooth extraction: Tooth extractions are a common procedure and tend to be risk-free , but there have been occasions in which the wrong tooth has been pulled out. Not only does this cause unnecessary suffering, but it also means you’ll still have to undergo having the proper tooth pulled out.

Infections after dental work: Infections are a more common dental injury, which can have complications if not addressed quickly. If you’re suffering from a dental infection after dental treatment, the infection could be a result of negligence (e.g. if your dentist didn’t sanitise their tools correctly).

Pain after dental work: Depending on the specific dental procedure you have undergone, it’s likely that you’ll feel some pain and discomfort in the affected area. If that pain becomes severe or doesn’t go away with time, it could indicate negligence.

Wisdom tooth extraction injuries: Common complications associated with wisdom tooth removal (your third molars) include dry socket, nerve damage and damage to the adjacent molar teeth.
Oral cancer: At your regular dental check-ups, your dentist has a responsibility to screen for any potentially serious conditions in the mouth, including oral cancer. If your dentist fails to spot the signs of oral cancer, you may be eligible for a failure to diagnose claim.

Gum disease: If it’s caught in the early stages (known as gingevitis), gum disease can usually be treated effectively. However, if your dentist fails to spot the signs of gingivitis or fails to treat the condition appropriately, it may develop into a more serious form of gum disease.

Fillings and tooth decay: Fillings are a restorative dental treatment, usually fitted in situations involving tooth decay. If your dentist doesn’t spot the signs of tooth decay and this leads to teeth being extracted or fillings being placed in your mouth, you may be eligible for a failure to treat or diagnose dental claim.

Tooth extraction failures: Although the majority of tooth extractions are completed without any complications, there may be occasions where problems arise, such as tooth fractures.

Cosmetic dentistry claims: Lots of dental treatment types fall under the cosmetic dentistry umbrella. Some cosmetic procedures are much more invasive than others and have varying degrees of success, such as dental implants and veneers. (For example badly fitted crowns, bridges or veneers.)

Tooth nerve damage: There are a number of dental procedures that can cause either tooth nerve damage or an injury to your facial nerves if your dentist doesn’t take adequate care or is not competent enough to carry out your treatment.

If you’ve experienced any of the dental injuries listed above, you may be eligible to open a dental malpractice claim against your dentist. However if your dental trauma isn’t specifically listed above, we may still be able to help. Contact the Dental Law Partnership to see if we can help you with your claim and to find out more about our services, please request a callback today.

Seek Justice with the Dental Law Partnership

If you’re considering consulting with a dental solicitor about dental negligence but you aren’t sure where to start, the Dental Law Partnership should be your first port of call. Our expert team consists of experienced dentists and solicitors from across the UK, with many members of our team having experience in both fields of dentistry and law.

The dual scope of our expertise is what makes our services truly unique, as we’ve helped many people to successfully bring claims against their dentists since our inception in 2000. There’s no need to just take our word for it either, as our testimonials and awards speak for themselves, showing how dedicated we are to our clients.

If you believe that you’ve experienced dental negligence in England or Wales and want to check if you’re eligible for a claim, please contact the Dental Law Partnership today. You can also call our team today on 0800 152 2035 or reach out using our online form – we’ll be in touch to discuss your claim as soon as possible.

No Win No Fee Dental Negligence Compensation Claims

Causes of Dental Negligence claims

Below is a selection of types of dentistry and advice on potential negligence claims.

Example of dental negligence:

Jaw fracture dental negligence claims

Whilst experiencing a jaw fracture because of dental negligence is rare, these things do sometimes happen, and you might have been let down by a denti...

Compensation for Wrong Tooth Extraction

Although, in most cases, a tooth extraction is a fairly risk-free procedure that is performed without any issues, there can be some cases in which the...

Infections after dental work

If you have visited the dentist recently and think that you may be suffering from an infection that has occurred after you were treated, you should re...

Pain after dental work

Depending on the specific dental procedure you have undergone, there is often likely to be some pain, soreness or sensitivity in the affected area for...

Wisdom teeth

Wisdom teeth, which are often referred to as third molars, are the last set of teeth that come through (erupt) – usually during the late teens or tw...

Restorative Dentistry

A lot of restorative dental claims can be attributed to a dentist not diagnosing or treating tooth decay in the first place, or providing the incorr...

Oral Cancer

At your regular dental check-ups, your dentist has a responsibility to screen for any potentially serious conditions in the mouth, including cancer. U...

Gum Disease

If it is caught in its early stages, gum disease can usually be treated effectively. However, if your dentist fails to spot the signs, it can lead to ...

Cavity Fillings

Fillings are a restorative dental treatment, used when a tooth has been damaged or has decayed. They are called cavity fillings because the procedure ...

Fillings

Dental fillings are used as a restorative measure in teeth that have been affected by decay or damage. It is a common procedure and most fillings are ...

Tooth Extractions

Although the majority of tooth extractions are completed without any complications, there may be occasions where problems arise. During an extraction,...

Tooth Decay

Tooth decay, sometimes also known as dental caries, is one of the most common conditions to affect both adults and children in the UK and can cause to...

Cosmetic Dentistry Claims

Lots of dental treatment types fall under cosmetic dentistry. Some treatments are much more invasive than others and have varying degrees of longevit...

Tooth Nerve damage

There are a number of dental procedures that can, if the dentist doesn’t take adequate care or is not competent enough to carry out the treatment, r...

If you feel you have suffered from dental negligence in England or Wales, start your claim today.

Start Your Claim

or call us free on: 0800 0853 823

Can you sue an NHS dentist?

Yes – in the event that you have been injured by a dentist working for the NHS, you may be able to sue them. Some people hesitate when opening an NHS dental negligence claim, as they fear this approach will strain the already underfunded NHS resources. However, you should understand that if your case is successful, you will be bringing a claim against the individual dentist involved, instead of suing the NHS.

By law, practicing dentists are required to hold insurance policies to cover cases like this. Pursuing a dental negligence claim can also prevent further harm from occurring to other patients in the future too, so taking action is essential if you believe you may have faced dental negligence.

Do I Have a Claim for Dental Negligence?

Experiencing failed dental treatment doesn’t necessarily mean that your dentist has acted negligently, and there are many different types of dental negligence claims that you can make against your dentist. To pursue a dental negligence claim that has the best chance of success, there must be evidence that shows the negligence, as well as evidence that shows how you have suffered as a result.

If in doubt, please speak to a member of our team and we’ll check whether your situation is eligible for a claim.

How do I make a dental negligence claim?

In order to make a dental negligence claim, you first need to have the claim assessed by solicitors, to make sure that you are eligible to do so and that you stand a good chance of success, based on the circumstances and the available evidence.

Our expert team of dental negligence claim solicitors can find out about what happened to you, properly assess your claim and give you specialist advice on the next steps to help you seek some justice for the negligence you have suffered.

How Do I Open a Dental Negligence Claim?

If you think that you may have been a victim of dental negligence, the first thing you should do is contact a specialist dental law solicitor. They will discuss your experience and advise you on whether you have a legitimate claim.

You will then have your claim assessed by a dental solicitor, who will ensure that you are eligible to open a case, based on your individual circumstances, the nature of the complaint and reported negligence, the severity of your injury, pain or suffering that you have experienced as a result of the poor dental care and the available evidence.

Our expert team of dental negligence claim solicitors will give you specialist advice on your next steps, helping you seek justice for the negligence you have suffered.

Please contact our professional team on 0800 152 2035 for more information on starting your dental malpractice claim.

Why Should I Make a Dental Negligence Claim?

If you’ve experienced dental negligence, deciding whether to open a claim can be a difficult decision to make. If successful, you’ll be awarded a sum of money that could help you move forward with your life after your ordeal.

Many of those who make a successful dental negligence claim find that the compensation they are awarded can pay for further dental treatment needed to resolve the issues caused by the negligence, ensuring they are not out of pocket from the negligent treatment.

Can I Make a Dental Negligence Claim Against a Private Dental Practice?

If your private dentist was negligent when treating you or otherwise failed in their duty of care towards you, you can make a dental negligence claim against them.

Making a dental negligence claim for private dentistry involves a very similar procedure to bringing a case against an NHS dentist, so the process will be largely the same.

Can I Make a Dental Negligence Claim for Someone Else?

There are some instances in which you might be able to make a dental negligence claim on behalf of someone else. For example, if your child (who was under the age of 18 when the negligence occurred) has experienced dental negligence, or if a loved one doesn’t have capacity to open a claim themselves.

You can open a dental negligence claim on behalf of your child at the time of the incident, but this may mean they cannot start a claim themselves once they reach the age of 18. It’s important to note that the three-year time limit does not apply to dental negligence experienced by a child – instead, the limit begins once they turn 18, meaning the case can be opened up to the age of 21.

If you’re unsure about whether or not to make a dental negligence claim on someone else’s behalf, our dento-legal team will be happy to talk you through your options – please call us today on 0800 152 2035 to find out more.

Can I make a dental negligence claim for someone else?

There are some instances in which you might be able to make a dental negligence claim on behalf of someone else. For example, if your child (under the age of 18) has experienced dental negligence or a loved one who doesn’t have capacity to bring a claim themselves.

If it is your child that you wish to bring a dental negligence claim on behalf of, you can choose to do so at the time of the incident, but this may mean that they cannot later bring a claim themselves once they are above the age of 18. The three-year time limit does not apply to dental negligence experienced by a child. The time limit begins once they turn 18 years old, so they must have made a dental negligence claim by the time they turn 21 years old to be eligible.

Speak to a specialist solicitor if you’re unsure about whether or not to make a dental negligence claim on someone else’s behalf. We have the experience to be able to offer expert advice, based on your individual circumstances. Call us today on 0808 274 3834 to find out more.

How much compensation could I receive for dental negligence?

The amount of compensation you could receive for dental negligence will depend on the specifics of your claim, how seriously you were injured and the impact the negligence has had on various aspects of your life. Your solicitor will be able to assess the potential value of your claim.

As a general rule, the more severe the consequences of the negligence for you, the higher the amount that you will be awarded for a successful claim. There are many factors that can affect compensation amounts, so it’s important to seek specialist legal advice to get an accurate idea of your potential claim value.

What are dental negligence solicitors?

Dental negligence solicitors like those here at Dental Law are experts at helping clients navigate the legal process. They not only handle paperwork and cases but also help clients understand their rights and responsibilities, taking cases through to conclusion and making sure that you get the compensation you deserve.

Simply put, the role of our dental negligence solicitors is to put your mind at ease and take the stress out of managing a case.

Do I need a medical assessment to make a claim?

In order to assess your dental negligence claim, a dental assessment may be carried out further along in your claim.. A member of our team will book this appointment for you where you’ll attend an expert who can then provide as much supporting information as possible.

The expert’s evaluation will include an analysis of your medical records, as they will need to identify any entries relevant to the dental injury you are claiming compensation for.

Could I claim dental negligence for misdiagnosis of oral cancer?

There may be grounds to bring a compensation claim for the harm caused if you or a loved one have experienced significant delays in the diagnosis of mouth cancer. ‌The dental negligence solicitors at our firm can seek expert dental and medical evidence regarding your prognosis as well as compensation for any rehabilitation needs you may need.

In the event that a dentist fails to detect mouth cancer early enough, fails to refer the patient or fails to provide the appropriate treatment, the patient may be able to bring a dental negligence claim for dental negligence.

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