If you think your NHS dentist has been negligent in your care, you might be eligible to make a dental negligence claim. This could be the case if you have been injured during NHS dental treatment or if the treatment has had a negative impact on your life.
In this guide, we’ll cover everything you need to know about making an NHS dental negligence claim, helping you determine whether you’re eligible and what steps to take next if you are.
Ready to start your claim? Fill out our online claim form to find out if you might be entitled to dental negligence compensation.
Can I sue the NHS for dental negligence?
If you have suffered because your NHS dentist:
- Made a mistake with your dental treatment
- Failed to diagnose an oral health issue despite regular visits
- Misdiagnosed you
- Or did not tell you about specific treatment risks before proceeding with a treatment plan
Then you may be able to sue the dentist for dental negligence.
Compensation awarded if your claim is successful can help pay for future treatment to fix any resulting dental issues, recover any financial losses you have experienced as a result of the negligence, and help you feel a sense of justice for what has happened.
It’s important to note that you won’t be suing the NHS as an organisation, but rather bringing a claim against the individual dentist involved. Doing so would not affect your right or ability to book NHS dental appointments in the future, and all practising dentists hold their own insurance policies to cover them in cases like this.
Am I eligible to make a claim?
You may be eligible to make an NHS dental negligence claim if your dentist has failed to meet the accepted standard of care, whether through misdiagnosis, performing the wrong procedure, or something else entirely.
There are lots of things that can be classed as dental negligence, but crucially, the situation must have directly caused harm to you as a result of the dentist’s actions.
This harm could be:
- Physical: For example, physical injuries like nerve damage or fractured jaws.
- Psychological: Including emotional distress and mental health conditions like PTSD.
- Financial: For example, if you’ve had to pay for remedial treatment to fix poor NHS dental work.
Before starting a claim, you may want to make a formal complaint to your dentist or dental practice first although this is not necessary in order to bring a legal claim.
Use our two-minute dental negligence self-assessment tool to find out if you have a claim.
What evidence is needed to make a claim?
To start your claim, you’ll typically only need to provide your personal information and a timeline of the events surrounding your dental treatment, this is so your dental experts can establish a link between the negligence and the harm caused.
If we take on your case, your dedicated paralegal will then collect the rest of the evidence and some further paperwork to make your claim as strong as possible. This evidence might include:
- Dental records
- Financial records
- Independent dental assessment
- Photographs of your mouth or teeth
- Any NHS dental complaints correspondence
How does making a dental negligence claim against an NHS dentist work?
Once all the relevant evidence has been collected and collated, your claim will be put to your NHS dentist/ dental practice by your solicitor, and they will be given the opportunity to respond to it. The dentist then has up to four months to respond to the letter of claim.
The dentist may admit that they were negligent, or they might wish to settle the claim without admitting liability. If this is the case, The Dental Law Partnership can negotiate a settlement on your behalf. The amount of compensation you will receive will depend on the individual circumstances of your case and the impact that the dental negligence has had on your life.
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.
You can find out more about the dental negligence claims process on our dedicated page.
Why choose The Dental Law Partnership for your NHS dental negligence claim?
If you’re considering working with a dental solicitor to make a negligence claim against your NHS dentist, look no further than The Dental Law Partnership. Our expert team is made up of experienced dentists and solicitors and has helped countless people successfully bring claims against their dentist since our inception over 25 years ago.
We operate on a no-win, no-fee basis, which means you won’t pay anything if your claim is unsuccessful.
Have a read of our customer testimonials, or contact us today to discuss your claim with our experts.
NHS dental negligence FAQs
Will it cost me anything to make a claim against my NHS dentist?
If you choose to make your claim with The Dental Law Partnership, claims are run on a no-win, no-fee basis – meaning if your claim is not successful, you won’t have to pay anything towards your legal fees.
Will making a claim affect my future NHS dental treatment?
No – if you make a claim for dental negligence, you’ll be suing the specific dentist you were treated by or the practice where you were treated rather than the organisation as a whole. This will not have any implications for any dental care you receive in the future.
How long will my NHS dental negligence claim take?
Each case is different, which means it’s hard to provide a precise timescale. However, our initial investigations for NHS dental negligence claims typically take around 6-9 months.
Is there a time limit for making a claim?
You can start a dental negligence claim up to 3 years from the date the negligence occurred, or 3 years from when you became aware of the negligence.
The main exception to this time limit is for dental patients who were under the age of 18 when the negligence occurred. In these situations, the 3-year rule applies once the patient turns 18.
People with mental health illnesses are also exempt, with the time limit starting from when they recover from their illness.
How much compensation can I expect?
Every claim is different, so there’s no set amount for how much compensation you’ll receive if your claim is successful. However, our client stories page may help you establish a ballpark figure based on previous cases we’ve taken on.