Can I Sue My Dentist?

Poorly carried out treatment

Think you have a valid claim? Take our dental negligence claim self-assessment to find out if you’re eligible for compensation.

If you’ve experienced poor dental treatment, it might be possible for you to bring a claim against your dentist. This will depend on the situation itself – the evidence of negligence resulting in an avoidable injury will usually need to be provided.

For example, if your dentist made an avoidable mistake during a procedure, resulting in further dental issues, you might have a successful dental malpractice claim. 

Tooth fractures

Sometimes, especially during procedures like a tooth extraction, a dentist might use excessive force, which can result in teeth being damaged or broken. In these situations, your dentist may be considered negligent, as an avoidable injury occurred due to a lack of reasonable care.

If a fracture happens, your dentist may be able to fix it themselves. If they fail to resolve the issue correctly, you may be eligible for compensation.

Badly placed fillings

If your dentist placed fillings to a poor standard, you could be eligible to make a dental negligence claim for fillings. This may also apply if your dentist filled the wrong tooth or failed to remove decay before placing a filling.

It’s normal for your teeth to feel slightly sensitive after you’ve had a filling fitted. However, if the problem doesn’t go away after a while or the pain starts to get worse, it could be a sign of a further issue.

Root canal treatments

If you’ve had a root canal treatment that has failed, got infected, or caused you further dental issues, you might be able to claim financial compensation.

Root canal treatment is often carried out if you suffer from tooth decay, usually when fillings aren’t a viable option. You may also be able to open a legal case if the dentist didn’t offer the appropriate advice or treatment.

Poorly fitted crowns

A crown is a ‘cap’ that fits over the base of your tooth, making it stronger, as well as improving the appearance and alignment of the tooth itself.

If you’ve had a crown fitted that was poorly done and you believe that this is due to the negligence of your dentist, you might be able to make a compensation claim. Making a dental negligence claim for a bad crown could mean that you receive compensation for the injury caused.

Wrong tooth extraction

Tooth extraction is a fairly common dental procedure and is usually risk-free. Nevertheless, wrong tooth extractions do happen on occasion. Because they’re irreversible, they’re considered to be very serious, and you’ll therefore be eligible to make a wrong tooth extraction compensation claim.

Can I sue my dentist for pain and suffering?

Yes – if you make a successful claim, you could be awarded compensation for the pain and suffering you experienced if it can be proven to be a direct result of the negligent treatment.

While some pain after dental work can be expected, you may have a valid claim for dental negligence if you find yourself in constant pain or if the pain lingers for a long time after treatment.

You’ll also be able to claim for any out-of-pocket expenses that you’ve incurred as a result of malpractice, such as further dental treatment needed to correct the problem caused by your dentist’s negligence.

In some cases, you may also be able to sue your dentist for financial and psychological trauma, as dental health and mental health are often connected.

To find out whether you have a valid claim, get in touch with our team today.

Can you sue NHS dentists for negligence?

Another question we get asked a lot is whether you can sue an NHS dentist for negligence, or whether you’re only able to make a claim if you’ve received private dental treatment. The answer is yes, you can sue any dentist for dental negligence, regardless of whether they work privately or for the NHS.

Some people are nervous to sue NHS dentists because they worry it will affect their ability to book future treatments through the NHS. However, this is not the case – you’ll be suing the specific dentist rather than the organisation as a whole, so it won’t affect your right to make appointments with other NHS dentists in the future.

Find out more in our guide to claiming negligence for NHS dental treatment.

How does the process of suing your dentist work?

If you’re wondering how to sue a dentist, the process is actually a lot simpler than you might think. Most of the hard work will be done on your behalf by your dedicated dental solicitor, but it’s important that you understand what the process will involve before deciding whether to open a case.

The claims process typically includes the following steps:

1. When we first speak to you, a member of our team will go through a questionnaire with you and take down your details. We will then assess whether we can accept your claim.
2. Once accepted and your ‘no win, no fee’ agreement has been signed, your information will be passed to one of our paralegals. All your dental records will be collected to establish a timeline for your case.
3. Our team of in-house dental advisors will work through the chronology of your case and assess your claim.
4. If your case is considered to be strong enough, it will be allocated to a dental solicitor, who will draft a letter of claim to be submitted to the defendant. The defendant has four months to respond. Your solicitor will then start negotiations with the defendant (or their representative) to settle your claim.
5. The likelihood is that your case will be resolved during negotiations, avoiding the need to go to court to settle the case. However, on very rare occasions, a court date is necessary. If this happens, you will be advised on the next steps by your solicitor.

As every case is different, we’re unable to advise you on exactly how long the process will take. However, you’ll be kept updated about your case throughout, with expert legal advice provided whenever needed.

In order for your claim to be successful, you will need to provide evidence that the dentist who treated you was negligent or made avoidable mistakes, causing you further injury, pain or suffering. This can also include financial and psychological harm.

If you’d like to discuss your case and find out whether you have a claim, contact the Dental Law Partnership today.

Is there a time limit for making a claim?

Yes – if you’re planning to sue your dentist, you’ll need to start your claim within 3 years of the date the negligence occurred, or 3 years from when you became aware of the negligence.

There are two main exceptions to this rule:

1. The 3-year rule does not apply to patients under the age of 18 until they turn 18. Once they turn 18, they’ll have 3 years to make a claim.
2. People who have been diagnosed with mental illnesses are also exempt, with the time limit starting from when they recover from their illness.

Find out if you’re eligible to claim