Dental Malpractice Claims

What counts as dental malpractice?

Dental malpractice is when avoidable injury or harm is caused by a dental professional who has failed to provide an acceptable standard of care. To prove that dental malpractice occurred, you must be able to establish three key elements:

1. Duty of care: You must prove that the dental professional owed you a duty of care. This is the easiest element to prove, because all dental professionals automatically have a duty of care to their patients once they’ve agreed to treat them.
2. Breach of duty: You must prove that your dentist breached their duty of care by providing a standard of care that fell below the minimum expected standards. These minimum standards are set by a trusted body of dental professionals.
3. Causation: Finally, you must demonstrate that this breach directly caused you harm or injury. You must be able to prove that the mistake resulted in measurable damage, such as physical pain, worsening of a condition, additional medical expenses, or emotional distress.

Common examples of dental malpractice include:

• Failure to diagnose a condition (e.g. gum disease or oral cancer)
• Poorly performed procedures (e.g. extractions, root canals, implants)
• Nerve damage
• Failure to obtain informed consent
• Inadequate aftercare or follow-up
• Cosmetic dentistry errors

It’s important to note that just because a dental procedure has had a bad outcome, this doesn’t necessarily mean dental malpractice has occurred.

Am I eligible to make a dental malpractice claim?

You may be eligible to make a dental malpractice claim if:

• You’ve suffered avoidable harm or complications after dental treatment
• Your dentist failed to diagnose, treat, or advise you properly
• A procedure was performed poorly or without your informed consent
• You needed additional treatment to fix a mistake made by your dentist

Bear in mind that there is a time limit on making a claim, so the dental malpractice must have happened (or been discovered) within the last three years – although there are exemptions for those with mental health conditions or who were under the age of 18 at the time the malpractice occurred.

Not sure whether you’re eligible to make a claim? The Dental Law Partnership can help. Get in touch and we’ll assess your eligibility and guide you through the next steps.

What are the most common types of dental malpractice claims?

While dental malpractice can take many forms, some types of errors are more common than others. The dental malpractice claims we see most often include:

• Cosmetic dentistry mistakes: Including poorly performed veneers, crowns, or whitening treatments that cause damage or unsatisfactory results.
• Misdiagnosis or delayed diagnosis: Failing to identify conditions like gum disease or oral cancer in time for effective treatment.
• Surgical or extraction errors: Mistakes made during surgery or tooth extractions that lead to avoidable pain, infection, or damage.
• Implant or crown issues: Incorrect placement or fitting that results in pain, failure, or the need for corrective work.
• Nerve or jaw damage: Permanent or temporary injury to nerves or the jaw caused by negligent dental treatment.
• Infection due to poor hygiene or aftercare: Inadequate sterilisation or follow-up care leading to infection or complications.
• Wrong tooth extraction: A serious error where a healthy tooth is removed by mistake.

If you’ve experienced any of these, you may be eligible to make a dental malpractice claim.

How does the dental malpractice claims process work?

At the Dental Law Partnership, we aim to make the claims process as simple and stress-free as possible. Here’s what you can expect when you start your claim with us:

1. Initial consultation: When you first contact us, a member of our team will ask a few questions about your experience to see if we’re able to help. This is your chance to share what happened and learn more about how the process works.
2. No-win, no-fee agreement: If we believe you have a valid claim, we’ll send you some paperwork, including our no-win, no-fee terms. This means you won’t pay anything unless your claim is successful.
3. Evidence gathering: Your case will be assigned to an experienced paralegal who will obtain your dental records and other supporting documents. 
4. Clinical review: Our in-house clinical team of dentists will then review the evidence to confirm that your claim has strong grounds.
5. Letter of claim: Once the evidence has been gathered and a timeline of events has been established, your solicitor will prepare and send a formal letter of claim to the dentist or practice responsible. They’ll then have up to four months to respond, either accepting or denying responsibility.
6. Negotiation and settlement: After receiving the response, your solicitor will work to negotiate a fair settlement on your behalf. Most cases are successfully resolved at this stage without the need to go to court.

We understand that this process might seem daunting, but our expert team will be with you every step of the way to handle all the legal complexities and get the best possible outcome on your behalf.

What does compensation cover?

If your claim is successful, you will be awarded compensation to cover the physical, emotional, and financial damages. Factors that will be taken into consideration when reaching a settlement include:

• Pain and suffering
• Cost of corrective treatment
• Emotional distress
• Loss of earnings (if your injury meant you had to take unpaid time off work)

While it’s hard to say exactly how much compensation you’ll be awarded, you can use our dental negligence compensation calculator to give you a rough idea based on the specifics of your claim.

Why choose The Dental Law Partnership?

When it comes to dental malpractice claims, you want to be represented by solicitors who are not only experts in what they do, but also treat you with the compassion you deserve – completely taking the stress out of the legal process.

Here are just some of the reasons patients trust us:

• Proven track record: We’ve helped thousands of clients secure compensation, and our glowing testimonials speak for themselves. As one of the only UK firms that specialises solely in dental malpractice, we have the expertise to navigate even the most complex cases.
• Personalised support: We understand that dental malpractice can be distressing. Our team is dedicated to guiding you every step of the way, handling the legal complexities while keeping you informed and supported.
• No-win, no-fee: Our services are accessible to all, regardless of your financial situation. There are no upfront fees, and you won’t pay us anything unless your claim is successful.

Start your dental malpractice claim today

If you’ve suffered injury, pain, or financial loss due to a dentist’s mistake, the Dental Law Partnership is here to help.

We’ll assess your eligibility, explain your options, and guide you through every step – all on a no-win, no-fee basis.

Start your claim online in minutes, or call us directly on 0800 152 2038 to speak with a specialist.