Dental negligence occurs when a dental professional, such as a dentist or hygienist, provides inadequate care that causes unnecessary or avoidable harm to their patient. In this guide about how to sue for dental negligence, we provide the information you need to get your case started.
We begin by looking at what dental negligence is before explaining when you could make a compensation claim. We then look at how the claims process works and provide examples of how compensation could be calculated. Later, you can find information on common causes of negligent treatment and how a specialist solicitor from our panel could help you.
Find out if you could claim on a No Win No Fee basis by contacting our team.
- Call on 0800 408 7827.
- Click below to chat with us live.
- Contact Us using our online form.
Browse Our Guide
- What Is Classed As Dental Negligence?
- Am I Eligible To Make A Dental Negligence Claim?
- How To Sue For Dental Negligence
- How Much Compensation You Could Get For Dental Negligence
- Common Causes Of Dental Negligence Claims
- How Much Does It Cost To Sue A Dentist?
- More Information
What Is Classed As Dental Negligence?
While under the care of a dental professional, patients are entitled to the minimum accepted standard of care. They should expect that any care provided is carried out correctly and that the treatment is right for them. If the care provided drops below the minimum accepted standard and causes harm, this is considered dental negligence.
We should note that even when dental practitioners meet professional standards, patients may be harmed by non-negligent complications that can result from dental care.
If you have been harmed due to substandard dental care you may be eligible to claim compensation.
Am I Eligible To Make A Dental Negligence Claim?
Whether working in the NHS or private healthcare sectors, all dentists, dental surgeons, dental hygienists and similar professionals have a duty of care to their patients. They have a duty to make sure that they deliver the right minimum standard of care for their patients. For example, they should meet standards of care set by the General Dental Council (GDC) , the UK regulator for dental professionals.
As highlighted above, not all instances of harm may be considered dental malpractice. For example, a patient may experience pain during the extraction of a wisdom tooth. This may be part of the normal extraction process.
Any compensation claim must meet the following criteria:
- A dental professional had a duty of care to you. This is automatically owed if you are under their care.
- They breached this duty by providing substandard care.
- You suffered unnecessary and avoidable harm as a result of this.
If you meet the eligibility criteria set out above you may have grounds on which to claim. Please contact our team to learn more about how to sue a dentist.
How To Sue For Dental Negligence
If you meet the eligibility criteria set out in this guide you may have a valid dental negligence claim against a dentist or dental practice. One of your first steps if you have been harmed by dental care may be to make a complaint.
You may complain directly to your dental surgery or contact your local Integrated Care Board if you are complaining about NHS dental treatment. You may complain about private dental treatment through the Dental Complaints Service (part of the GDC).
By making a complaint, your case may be investigated, and you may learn more about what happened to you. Below, we look at further steps you could take as part of a dental negligence claim.
Gather Your Evidence
Gathering evidence is one of the most important steps in preparing any dental negligence claim. You need to collect enough evidence to show:
- The injury that you suffered.
- How seriously you were harmed.
- Who was at fault.
In addition, collecting as much evidence as possible can help those valuing your dental negligence claim do so more accurately.
Evidence you could gather includes:
- Medical and dental records. These can show what your original diagnosis was and what treatment was provided. This may help to show you were negligently misdiagnosed or were given the wrong treatment. Dental records can also show what subsequent treatment you required.
- Photographs of any visible dental injuries, such as where teeth have been damaged or removed.
- A diary of your symptoms and the impact they had on you.
- The contact information of anyone witness to your negligent dental care.
Additionally, if you choose to claim with one of our panel of dental negligence solicitors, they may ask you to attend a medical assessment. This will produce a report that could be used as evidence to help value your claim.
Accessing Your Dental Records
Your dental records may be a vital piece of evidence in showing you are eligible to claim compensation. You are entitled to see your records at any time. To request access to them, you will need to contact your dental practice. You should ask what the disclosure procedure is, such as making a formal request in writing. You may also be asked to sign a consent form.
NHS dentists should keep copies of your dental records and you may request a copy of these from your practice.
Medical Assessments
If you work with a solicitor from our panel on your claim, you may be asked to attend a medical assessment. The purpose of this will be for an independent medical expert to review your case. They will check your medical records and your dental injuries.
They will then produce a medical report highlighting the harm you have suffered, what treatment you may need and your prognosis for recovery.
Timelines – How Long It Takes And How Quickly You Can Claim
Whether you wish to sue a hospital for negligent dental surgery or your local dental practice you must do so within the relevant time limit. All personal injury claims are subject to a time limit. This is set by The Limitation Act 1980.
The standard time limit in which to start a dental compensation claim is three years. This period begins on either the date you were harmed or the date on which you became aware of the harm.
There are circumstances in which this time limit may not be applicable. For example, where the claimant is under the age of eighteen, as minors cannot start a claim themselves. The time limit of three years starts to run on their 18th birtday.
The time limit also does not run if the person claiming lacks their mental capacity. Should capacity be recovered, the three years starts at that time.
While a time limit is paused (due to the claimant being under 18 or lacking capacity) a litigation friend may act on behalf of the claimant. This is a suitable adult who will make decisions about the case in the best interests of the injured person.
There is also no set amount of time that it takes to complete a dental negligence claim. Some cases will be settled in a matter of months, but some will take longer. Factors that impact how long a case can take include:
- The complexity of the legal issues involved
- How severe the injuries are and how much medical evidence is needed
- If surgery or treatment is needed to provide a clear prognosis
- Whether the dental professional admits fault or disputes the case
- How the parties approach settlement negotiations
- Whether or not court proceedings are required
Navigating the personal injury claims process can be difficult. One of our specialist solicitors could help you to make a successful claim and answer questions about how to sue for dental negligence.
How Much Compensation You Could Get For Dental Negligence
How much compensation you could get for dental negligence may depend on the type of harm you suffered and how it impacted you. Your dental compensation claim may be awarded two heads of loss.
These are:
- General damages – this compensates you for your pain and suffering.
- Special damages – this compensates you for financial losses.
Parties to a claim, such as specialist dental negligence solicitors, may use your medical records and the Judicial College Guidelines (JCG) to work out what you could be owed in general damages.
In the JCG you can find guideline figures for different injuries. We have taken figures from the JCG to create the table below.
| Harm Suffered | Severity | Damages |
|---|---|---|
| Multiple forms of dental harm. | Serious through to severe | Up to £250,000+ inclusive of sizeable special damages. |
| Facial disfigurement | Very severe scarring - A | £36,340 to £118,790 |
| Facial disfigurement | Less severe scarring - B | £21,920 to £59,090 |
| Facial disfigurement | Significant scarring - C | £11,120 to £36,720 |
| Skeletal injuries | Fracture of the jaw - E (i) | £37,210 to £55,570 |
| Skeletal injuries | Fracture of the jaw - E (ii) | £21,920 to £37,210 |
| Skeletal injuries | Fracture of the jaw - E (iii) | £7,880 to £10,660 |
| Damage to the teeth | Significant pain and deterioration of teeth. | Up to £46,540 |
| Damage to the teeth | Loss/ serious damage to several front teeth - F (i) | £10,660 to £13,930 |
| Damage to the teeth | Loss/ damage to two front teeth - F (ii) | £5,310 to £9,310 |
Please note that the top entry does not come from the JCG. It is our illustration of what could be awarded for general and significant special damages.
Factors Taken Into Consideration
Further factors may be taken into consideration when calculating dental compensation claims. Special damages could compensate you for:
- Loss of income, earnings and related benefits.
- Medical and care expenses.
- Travel expenses, such as the cost of getting too and from medical care.
Whilst a successful dental claim will automatically be awarded general damages special damages are not. You must supply evidence of these financial losses such as your payslips, invoices or other financial records.
You can get guidance on suing the dentist who caused you harm and on how much your claim may be worth by contacting our team.
Common Causes Of Dental Negligence Claims
Dental negligence could occur in several different ways. The key is that the treatment or care provided must have fallen below the minimum accepted standard. Types of dental negligence may include:
- Diagnostic errors, such as misdiagnosis or missed diagnosis which lead to you having a delayed diagnosis.
- Incorrect treatment or treatment which has been performed poorly.
- Medication errors, such as administering or prescribing the wrong medication, wrong dose or other negligent errors.
- Anaesthetic errors, such as failing to administer sufficient anaesthetic or administering too high a dose causing harm.
- Failure to obtain informed consent for a dental procedure. You may not have been given all the relevant information or informed of other treatment options.
- Negligent dental surgery, such as the removal of the wrong tooth or otherwise carrying out the wrong procedure on a patient.
- Faulty equipment injuries. You may be harmed by a dentist using damaged or faulty dental equipment.
- Wrong tooth extraction, where a dentist removes the wrong tooth.
These are just some examples of when you could make a dental compensation claim. Please get in touch with our team if you are unsure whether you have a valid dental claim.
How Much Does It Cost To Sue A Dentist?
If you are wondering how much it costs to take legal action against a dentist, you are not alone. Many potential claimants worry about the cost of working with dental negligence solicitors. This is why those who are part of our panel could take your case on through a No Win No Fee agreement, also known as a Conditional Fee Agreement (CFA).
When making a dental claim under a CFA, you only need to pay for your solicitor’s services if and when you make a successful claim. If you do win, your solicitor will deduct a success fee from your compensation settlement as payment. This fee is a percentage of your award and is limited by law. If your claim is unsuccessful, typically, you will not need to pay for your solicitor’s work.
Get in touch with our team today for more information on how we could help you.
- Request a callback from our team using our ‘Contact Us‘ form.
- Phone our team on 0800 408 7827.
- Click below to talk to us live.
More Information
You can learn more about how to claim for dental malpractice and related topcis in the guides below.
- Hospitals may provide specialist dental and oral care. You may be able to sue a hospital for negligent dental treatment.
- In this guide, we look at how to sue a doctor for compensation.
- This guide examines whether you can claim for a GP misdiagnosis.
Supporting References
- The Care Quality Commission is the independent regulator of health services and for adult social care. You can learn how to find a dentist in this guide.
- In this government resource you can learn more about how much Statutory Sick Pay is and when you could claim it.
- You can learn more about NHS dental services in this guide.
We hope that our guide has helped you understand more about how to sue for dental negligence. Please contact us if you still have any questions or are ready to begin your claim.