Dental Negligence FAQs

FAQ

• How have you helped other people with dental negligence claims?

  How have you helped other people with dental negligence claims?

  At the Dental Law Partnership, we believe it is our duty to be transparent and provide our clients with the best advice available. On our website, you can check out some of our clients’ cases and feedback, which will hopefully give you a better view of what to expect from our level of service and the claims process. If you're unsure whether you can count on us, you can visit our awards and accomplishments page to learn more about what we stand for. Our website includes, for example, stories of people who have received more than £60,000 each in compensation due to botched dentistry jobs. We have also received positive testimonials from clients across various parts of the country, including the South East, the North West, East Yorkshire and the East Midlands.
• How long does a dental negligence claim take?
  We will not be able to specify a precise timescale when you first enquire with us as each case is different. Generally, though, our initial investigations for a dental negligence claim can take about 6-9 months. If we obtain supportive expert evidence, we will prepare a ‘letter of claim’ — a document outlining all the allegations of negligence — and send this document to the defendant. They will have four months to respond in detail and either admit or deny liability. The defendant can opt to settle the case at any point during the case progress. In any case, our solicitors routinely endeavour to streamline their procedures in investigating a claim so that we can save as much time as possible for our clients.
• I’ve heard that solicitors are not easy to talk to. Is this true?
  If you have suffered dental damage, such as fractured teeth, you could understandably feel distraught that you have received poor treatment from a professional you trusted to provide the correct care. However, though our dental negligence solicitors are highly knowledgeable about dental law and ready to provide you with legal advice, they also understand that you could be facing many personal difficulties resulting from the below-par dental treatment you have received. Any dental malpractice lawyer employed by the Dental Law Partnership and taking on your case will be friendly and approachable as well as empathetic about your personal situation. They will also work hard to ensure that you get the best outcome possible from your dental negligence claim.
• How can I find the right solicitor for a dental negligence claim?

  How can I find the right solicitor for a dental negligence claim?

  You should seek services of a solicitor specialising in the field of dental negligence, as they will be familiar with the dental and legal issues relevant to your situation. At the Dental Law Partnership, we have more than 20 years’ experience working on dental negligence cases in England and Wales. Our solicitors are well-practised in assisting people across many cases, assessing whether the dental treatment they have received constitutes dental negligence. The Legal 500 United Kingdom — the respected guide to UK law firms and solicitors — has described the Dental Law Partnership as a ‘market leader in dental claims’. We are also accredited by the Law Society as well as regulated by the Solicitors Regulation Authority, which sets high standards our solicitors are required to meet.
• Would pursuing a dental malpractice claim affect my dental care in the future?
  No, pursuing this claim will not have any implications for what dental care — in terms of quality and services — is available to you in the future.
• How can I prove a dental negligence claim?

  How can I prove a dental negligence claim?

  Essentially, you need to prove:

  • That you did not receive the standard of care you could reasonably expect from a competent dentist.
  • The negligence directly caused an injury or resulted in a worse outcome for yourself

  Our website has a separate guide on how to prove dental negligence, which is worth reading if you need a little more information.
• What exactly can I claim compensation for?
  You are able to claim compensation for any injuries and financial losses that you can prove resulted from the negligent treatment. For example, if the dental care you sought was getting a broken tooth extracted, the practitioner might have extracted the wrong tooth. Alternatively, as a result of attempting to work on just one tooth, the practitioner could have left you with damaged teeth elsewhere in your mouth. These are examples of situations where you would have needed to spend extra money on dental care to reverse the damage. In either case, you could claim compensation for the added expense you would not have needed to incur if the dental negligence had never happened.
• Why is my ‘no win, no fee’ agreement telling me I am responsible for the legal fees?
  You might be alarmed when you see this in the terms and conditions of a ‘no win, no fee’ agreement you have made with a solicitor. However, we can assure you that there is no cause for concern. With a conditional fee arrangement (CFA), you are not required to pay any of your legal costs as your case progresses. However, the solicitor will still record the costs they incur on the case and in legal terms you are responsible for payment of these costs. If your claim is unsuccessful then you do not have to pay your solicitors legal costs. If your case is successful and you receive compensation your opponent will also agree to pay your solicitor’s legal costs, but your opponent will only pay legal costs that you are responsible for. So although the CFA says that you are responsible for legal costs, and they are referred to as “your” legal costs, provided that you act in accordance with our advice you will not have to pay them. If you are worried about any aspect of the CFA please telephone us and we will be happy to discuss it with you. Although the legal language in the CFA can be daunting this Agreement has funded thousands of successful dental negligence claims.
• How does a ‘no win, no fee’ agreement work?

  How does a ‘no win, no fee’ agreement work?

  A ‘no win, no fee’ agreement — otherwise called a ‘conditional fee agreement’ — basically means that, if your dental negligence claim fails, you will not be charged for any work undertaken by your solicitor on the case. You will also not be required to pay anything upfront. However, it is crucial that you are always completely honest with your solicitor during the case. Otherwise, the case could be found to be fraudulent or dishonest and consequently lead you to have to pay the defendant’s legal expenses. If your claim does succeed, a small share of any compensation you are awarded will need to be paid to your solicitor.   For more information on how our ‘no win, no fee’ agreement works, don’t hesitate to get in touch and a member of our team will be happy to help.
• Does dental negligence only apply to treatment?

  Does dental negligence only apply to treatment?

  Your dentist’s duty of care to you can cover not only what they do but also certain things they fail to do. For example, your dentist might have failed to warn you about the risks of a particular dental treatment (such as a tooth extraction) before it was undertaken, which may have resulted in complications. Another possibility is that the dentist has failed to get the proper consent from you before giving you dental treatment. Dental negligence also covers failing to diagnose a condition or delaying in diagnosing a condition you could have reasonably expected a competent dental professional to notice in time.
• Will I need to appear in court to provide evidence?
  While you might be required to do this, it is extremely unlikely. Most dental negligence claims are settled before a court appearance is needed. Even if your case does enter court proceedings this is not a guarantee that you will need to go to court.
• What can I expect if I do have a dental negligence claim?
  Once you have contacted us about possibly pursuing a dental negligence claim with our help, we will assess the situation and make a judgement as to whether we believe dental negligence has occurred. We will then discuss your situation further with you, whilst also further explaining what the process of making a claim would involve and the next steps, as every situation will be different. If you decide that you’d like to proceed with a claim, we’ll handle all of the heavy lifting and help you through every step of the process. A case will be built up - your dental records will be requested in support of the claim. With some dental negligence claims, a witness statement may also be necessary.
• Do I have a claim for dental negligence?

  Do I have a claim for dental negligence?

  If you have experienced any dental issues — however mild or severe — due to dental treatment that you have good reason to believe was undertaken poorly, it is possible that you indeed have a claim for dental negligence. However, we would need to establish the full facts of the case before ascertaining whether you have a claim. For this reason, however confidently you might reckon you have strong grounds for a dental negligence claim, we urge you to get in touch with us to explain your specific situation in detail. You can get in touch in a number of ways. Option one: fill in the online contact form on our website. Here, you can relay all of the relevant details at your own leisure before sending us your enquiry. Alternatively, contact us by calling 0808 301 8732. If preferable, you can even request a callback where we’ll work around a time convenient to you. However you plan to contact us, please note that we can only process claims for dental negligence that occurred in England or Wales. If your claim meets this criteria, we will be happy to discuss your claim with you so that you can benefit from reliable advice on what steps to take next.
• Should I stop dental treatment while my case is ongoing?
  If you need emergency dental treatment whilst your case is ongoing, this should always take priority and you should get the treatment that you need. However, if you wish to undertake other dental treatment, especially anything that may relate to the negligence case, you could be destroying important evidence by having the work done before your case is resolved. At the Dental Law Partnership, we can advise you whether the dental treatment you want to undergo could have an impact on your case and can help ensure evidence is preserved.
• How to finance dental work?
  Private dental work Most cosmetic dentistry needs to be done privately, unless there is a clinical need for the work to be done, in which case, it may be covered by NHS treatment – you will need to ask your dentist about that. Some private clinics allow their patients to take out payment plans to gradually pay off the cost of their treatment. This should be discussed with your dental practice and the full cost of any treatment and aftercare should be understood before committing to the work being done. Regular or emergency dental work can also be carried out by private dental professionals, and the cost of this will vary from practice to practice. NHS dental work For those who pay for their NHS dental work, in any of the three different bands of treatment, you will be expected to pay for your treatment when you receive it.
• Can I get help paying for dental work?

  Can I get help paying for dental work?

  The NHS Low Income Scheme Those who are not exempt from NHS dental treatment charges but are on a low income and may not be able to afford dental work otherwise, may be entitled to partial or full help with costs from the NHS Low Income Scheme. The eligibility and amount of help available will depend on the applicant’s household income and outgoings. Anyone can apply, as long as they don’t have savings or investments over a certain limit. An application form can be downloaded and printed and supporting evidence will need to be provided. This is usually in the form of proof of earnings for those who are employed, profit and loss accounts for those who are self-employed, and an award notice for students of any grants, bursaries, awards and any financial assessments carried out for any student loan applications. If you have recently paid for dental treatment but think that you might qualify for the NHS Low Income Scheme, you might be able to claim a refund for some, or all, of the amount that you have paid. Refunds will need to be claimed within three months of the date on which you paid. All of the forms required to apply for the scheme, and more details about who may qualify, can be found here.
• If I’ve already paid for NHS dental work but qualify for free treatment, can I get a refund?
  If you qualified for free treatment at the time your NHS treatment started, you can apply for a refund, as long as you do so within 3 months of the date on which you paid for the treatment. This does not apply to any private dental treatment you may have received.

  Click here to find out how to apply for a refund.
• Am I entitled to free dental work?

  Am I entitled to free dental work?

  It’s possible for people in certain circumstances to get NHS dental work done for free. To be eligible for free dental treatment, you must meet one or more of the below criteria: If you are:

  • under 18 years of age
  • under 19 years of age and in full-time education
  • pregnant, or have had a baby in the last 12 months
  • an NHS hospital dental service outpatient (although not all treatments may be free)

  Or, if you or your partner receive the below; or if you’re under the age of 20 and are the dependent on someone in receipt of the below:

  • Income Support
  • Income-related Employment and Support Allowance
  • Income-based Jobseeker’s Allowance
  • Pension Credit Guarantee Credit
  • Universal Credit (if the criteria are met)

  Or, if you’re named on:

  • a valid NHS tax credit exemption certificate. If you don’t have a certificate, you can show your award notice; you qualify if you get Child Tax Credits, Working Tax Credits with a disability element (or both) and have income for tax credit purposes of £15,276 or less
  • a valid HC2 certificate (through the NHS Low Income Scheme)

  If you are named on an HC3 certificate (through the NHS Low Income Scheme) for partial help with health costs, you will only have to pay for part of your treatment, the cost of which will be indicated on your certificate.
• Can A&E help with dental problems?

  Can A&E help with dental problems?

  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.
• What do I do if I need emergency dental treatment?
  The first port of call when experiencing dental pain or requiring urgent treatment should always be your usual dentist. You can also contact the NHS helpline by ringing 111 or by contacting 111.nhs.uk. They will be able to provide details of emergency and out-of-hours NHS dental services in your locality for an appointment as soon as is possible.
• Can I get a refund for bad dental work?

  Can I get a refund for bad dental work?

  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.
• Can I represent myself in a dental negligence claim?

  Can I represent myself in a dental negligence claim?

  Technically you can represent yourself in a dental claim. However, we always stress that it is imperative you fully understand the process you’re getting yourself into, have experience in handling your own legal matters and that you are willing to stand up for yourself and your case. We always recommend that to ensure there is justice in your case and your rights are protected, you seek the help of an experienced and qualified lawyer. They will advise the correct course of action, including what to say and what steps need to be taken.
• Can I make a dental negligence claim on behalf of a child?

  Can I make a dental negligence claim on behalf of a child?

  Claims can be pursued on behalf of children who have suffered dental negligence. This claim is usually brought by a parent or guardian, after a child in their care has been let down by a dentist. There is no time limit on bringing a dental negligence claim on behalf of a child, but once the child reaches 18 years of age, then they are considered an adult and have a time limit of three years to bring a claim of their own for dental negligence.
• How can I find dental lawyers near me?

  How can I find dental lawyers near me?

  If you have received negligent dental treatment anywhere within England or Wales, the Dental Law Partnership can help you to make a claim for compensation. We work across England and Wales, so that people from any region within these countries can get access to justice if their dentist has been negligent in their care.
• Can I claim against a dentist that charged private fees for treatment that is available on the NHS?

  Can I claim against a dentist that charged private fees for treatment that is available on the NHS?

  You should only be charged private dental costs for treatment if you have agreed to do so. Many dentists offer both NHS treatment and private dental care, but they should always make clear to you what type of treatment you are undergoing, and what the cost will be, before they start the dental work. Once your dentist has determined the dental work that they believe is required, they should give you a treatment plan, which you are required to sign to say that you agree with the plan and the costs as they appear in the plan. Depending on the dental work required, this could be a combination of both NHS and private treatment, but all items should always be clearly labelled on your treatment plan. In some cases, your NHS dentist may not be qualified, or have the right equipment within the practice, to carry out some complex dental procedures that would ordinarily be available on the NHS, so they may refer you to a private dentist who is a specialist in this area, but can only carry out the treatment on a private basis, with relevant costs. You do not have to accept this referral but can instead look for another NHS dentist in your area who can carry out the treatment that is required. Exclusively cosmetic dental treatments, such as teeth whitening or veneers, are generally not available on the NHS, so if you choose to have these procedures done, it will always be with a private dentist; again, you should always be made aware of, and agree to, the full cost of the treatment before it starts. If you did not agree a treatment plan and the costs of the procedures involved before significant dental work was carried out, your dentist may have been negligent in your care and you might be able to make a claim.
• Can I claim against a dentist who wants to do dental treatment I don’t need?
  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.
• How long do I have to make a dental negligence claim?

  How long do I have to make a dental negligence claim?

  The time limit for making a dental negligence claim is three years from the date negligence occurred, or when you became aware of the negligence. There are exceptions for patients under the age of 18 (whose three year window starts from their eighteenth birthday) and those suffering from mental illness (whose three years start from their recovery from the illness).

  Dental negligence claims are not always straightforward and the process of gathering evidence can take some considerable time; therefore, it’s always recommended that those who feel they might have a claim, should seek expert dental legal representation as soon as possible after they experienced the negligent care.
• How long is dental work guaranteed for?
  Whether or not dental work is guaranteed will depend on the type of treatment or procedure performed and may differ between NHS treatment and private treatment. For restorative treatment carried out by an NHS dentist, the defective work will usually be repaired or retreated for no charge if a problem occurs within 12 months of your original procedure or treatment taking place. This is usually the case for permanent treatments, such as:

  • Crowns
  • Fillings
  • Root Fillings
  • Porcelain veneers
  • Inlays

  For private dental treatments, the work provided must be of satisfactory quality and many private dental practices will offer a time-limited guarantee for some work, especially if the patient requests it. The length of time for these guarantees will vary from practice to practice.
• Reasons to sue a dentist?
  If you have been unfortunate enough to receive sub-standard treatment or care from a dentist, you may be entitled to compensation and be able to make a dental negligence claim. Some of the main reasons people make a claim against their dentist or dental practice include:

  • For misdiagnosis, late diagnosis or a complete failure by the dental professional to diagnose a serious dental condition, which results in avoidable injury, pain or suffering
  • For injury caused by a poorly performed dental procedures or by carelessness
  • For financial loss as a result of having to pay for corrective treatment due to mistakes made by a dental professional
  • For loss of earnings if unable to work as a result of dental negligence
  • For physical and psychological trauma suffered as a result of dental negligence
• How much compensation might I get for dental negligence?
  The amount of compensation that you could receive for a successful dental negligence claim will depend on a number of factors, which include:

  • The nature of the claim e.g. misdiagnosis, carelessness or poor technique by the dental professional
  • The severity and longevity of the injury, pain and suffering experienced by the claimant as a result of the dentist’s action or inaction
  • The extent to which further dental treatment is/was required to remedy the damage caused by the original negligence

  The average pay out for medical negligence can range from £2000 upwards with some Dental Law Partnership clients being awarded more than £200,000 in compensation, dependent on the severity of the claim and case.
• How to complain about a dentist when no financial compensation is needed?
  If you just wish to complain about a dentist’s performance and do not need compensation, you must first make your complaint known to the dental practice or dentist who treated you, and follow any other steps outlined in the above complaints process. The procedure can be slightly different depending on whether you are a private or NHS patient. If you feel that your dentist or practice could be putting other patients in danger, you can contact the General Dental Council directly, who are the regulatory body for dental professionals in the UK.

  How to complain about a dentist

  If you’re unhappy with any of your dental treatment and are not needing compensation, there is a complaints process you can follow:

  • Complain to the dental practice. You can do this by letter if you don’t wish to make the complaint in person.
  • If you are an NHS patient, you can complain to NHS England about your care
  • If you still don’t get the resolution you’re looking for from NHS England, you can contact the Parliamentary and Health Service Ombudsman, by calling 0345 015 4033
  • If you’re a private dental patient and you don’t resolve the complaint after contacting your dental practice, you can get in touch with the Dental Complaints Service for assistance
  • If you received NHS or private dental care that you feel was substandard, you can also raise your concerns with the General Dental Council (GDC), who regulate dental professionals in the UK

  Of course, if you have suffered as a result of your treatment and have lost confidence in your dental practice, you might want to consider contacting an experienced dental negligence company, for legal advice, to see if you could make a financial compensation claim.
• Can I claim against an NHS dentist?

  Can I claim against an NHS dentist?

  Whether you’re an NHS or a private dental patient, if your dentist was negligent then you may be eligible to make a claim against them. If the negligent dental treatment happened in an NHS hospital, you would be bringing a claim against the NHS trust in these circumstances.
• How to sue a dentist?
  If you think that you have been a victim of dental negligence, the first thing you should do is contact a specialist dental law expert, to discuss your experience and see if you might be able to make a claim. This will depend on your individual circumstances and the nature of your complaint, along with the severity of your injury, pain or suffering you have experienced as a result of the poor care you may have received. We've also prepared a guide where we discuss the process of suing your dentist in more detail.
• Can you sue a dentist for bad work?

  Can you sue a dentist for bad work?

  If you feel that your dentist has been negligent, and you have suffered as a result, then it might be possible for you to sue your dentist. This refers to avoidable injuries or dental pain, and extra treatment that was only required because you received substandard dentistry.
• What is a Dental Claim?
  This refers to the legal process available for you in order to receive financial compensation if you have been a victim of poor dental care and have sustained an avoidable injury or prolonged pain and suffering as a result. If you think that you might be able to make a dental claim, contact the Dental Law Partnership team to discuss the next steps.
• What is Dental Negligence?
  Dental negligence can be defined as avoidable injury caused by a dentist who fails to take reasonable care. Any case where a dentist has performed poorly, negligently or inappropriately, which results in avoidable harm being caused to a patient, could potentially lead to a dental negligence compensation claim. This could include work carried out by any dental professional, including orthodontists and specialists in any area of dental treatment.
• Do I have a claim for dental negligence?

  Do I have a claim for dental negligence?

  Whether you have a claim for dental negligence depends on several factors, including the specific circumstances of your case and the applicable laws in your jurisdiction. To determine if you have a valid claim, you may need to prove that your dentist had a duty of care to provide you with adequate and appropriate dental treatment, that this duty was breached, and that the breach caused you to suffer harm or injury. It's recommended to seek advice from a legal professional who can assess the specific details of your case.
• Can you sue an NHS dentist?

  Can you sue an NHS dentist?

  It is understandable to be hesitant to take legal action against the NHS. If you have been the victim of dental negligence, you needn’t feel this way. When making a dental claim you are not suing the NHS, you are suing a dentist individually. They will have professional insurance or indemnity cover for this eventuality. If you wanted to sue your dentist for pulling out the wrong tooth, for tooth nerve damage, bad fillings or more – you should not feel reluctant to claim dental negligence compensation. You would simply be suing the individual dentist who treated you, regardless of whether your treatment was under the NHS or private dental care. Common locations of dental negligence claims: London, Manchester and Liverpool.