How To Claim Compensation In A Dental Negligence Claim

The pain and aggravation of incorrect dental treatment could cause significant disruption, as well as financial damage, if you couldn’t go to work. So did you know that if a dentist or hygienist fails to give you the correct standard of healthcare, you can start a dental negligence claim for compensation for your injuries?

This guide will take you through the dental negligence claim process, explaining who is eligible to start a claim. We move on to common causes of dental negligence and how compensation is calculated in a way that includes the physical, emotional and financial harm caused to you. This guide explains claims against both NHS and private dental surgeries.

To conclude, we look at the benefits of instructing a solicitor from our panel to help you start a negligence claim for incorrect or negligent dental care. Please continue reading to discover more, or discuss your potential claim with our advisory team now. They offer a free case check:

  • Call to discuss dental negligence payouts in the UK on 0333 000 0729
  • Submit an online enquiry.
  • Ask the chat facility below a question to start a conversation.

DENTIST PERFORMING A PROCEDURE ON A PATIENT

Jump To A Part Of Our Dental Negligence Claim Guide

Am I Eligible To Make A Dental Negligence Claim?

Like all healthcare professionals, dentists owe a duty of care to anyone seeking treatment. At every stage of treatment, those involved must meet certain minimum standards of care expected in that area of medicine.

A claim for dental negligence compensation can apply if a practitioner falls short of these standards and their patient is harmed. Three points must be shown:

  • The patient was owed a duty of care.
  • The dentist fell short of the minimum standards expected (known as a breach of duty)
  • The patient suffered harm as a consequence.

All three aspects need to be in place to move forward with a claim. If you’d like to chat over the circumstances of your dental negligence compensation claim, feel free to connect with the team on the contact choices above.

Common Causes Of Negligence By Dental Professionals

Next, we explore some common causes of negligence in this area caused by a dentist, hygienist or assistant:

  • Incorrect diagnosis or overlooking issues like gum disease.
  • Not reading dental records carefully.
  • Failing to point out issues during 6 monthly visits.
  • Delaying dental treatment which worsens the original dental problem.
  • Poorly carried out fillings, root canal procedures or crown work that can break the teeth or infect the jaw.
  • Taking out the wrong tooth or failing to remove the tooth completely.
  • Damaging healthy teeth by accident.
  • Failed dental implants or other cosmetic dentistry errors.
  • Badly fitted orthodontics that misshape the smile or have broken the teeth over time.
  • Failing to check on allergies or known reactions to anaesthetic procedures (like an allergy to novocaine used to numb the mouth).

For any of the above to be considered dental negligence, the care received must be below the minimum accepted standard.

A solicitor from our panel might be able to take up a compensation claim for dental negligence for you. We invite you to call (with no obligation) to discuss your claim.

A dentis is with a patient looking into their mouth.

How Much Compensation Can I Get For Dental Negligence?

A successful dental negligence claim can see an award that is formed of two groups of loss called general and special damages. General damages affix a monetary amount for the suffering and physical pain caused, as well as any psychological distress caused to the patient. Special damages reimburse the claimant for the financial harm and loss of earnings they experienced because of their injuries.

How Payouts Are Calculated

To calculate an amount for general damages, the groups involved look at medical evidence that has been offered. They also look at the award guideline amounts that are listed for dental injury in the Judicial College Guidelines (JCG).

This publication is an index of injuries based on severity. It is not a list of guaranteed compensation amounts as every case differs and awards vary, so it’s useful to call an experienced advisor to get a better idea.

This excerpt below gives an idea of what the JC Guidelines say, however, the first line is not from this resource:

Compensation Guidelines

TYPE OF HARMSEVERITYJC GUIDELINESNOTES
More than one type of serious harm and special damagesSeriousUp to £250,000 plusSeveral types of dental harm and special damages for lost income, corrective procedures and psychological counselling for distress.
Damage to the TeethSignificantUp to £46,450Chronic pain (typical of an untreated abscess) over several years that deteriorates quality of other teeth.
Serious (i) £10,660 up to £13,930Serious damage or loss of several front teeth.
Serious (ii) £5,310 up to £9,310Loss or serious damage to two front teeth
Serious (iii) £2,690 up to £4,820Cases of damage or loss to one front tooth.
Serious (iv) £1,330 up to £2,080Cases of damage or loss of back teeth (per tooth).
Skeletal fractures(e) Jaw fracture (i) £37,210 up to £55,570Very serious fractures resulting in prolonged pain and other permanent consequences such as difficulty eating.
Serious (ii) £21,920 up to £37,210Permanent trouble eating, opening the mouth or suffering paraesthesia in jaw area.
Simple (iii) £7,880 up to £10,660A jaw fracture that requires immobilization but from which a full recovery is made.
Facial disfigurement (b) Less Severe Scarring£21,920 up to £59,090A substantial level of scarring and accompanying significant psychological reaction.

Claiming Special Damages

Any claim for the financial harm caused by poor dental work comes under special damages and can only be made alongside a claim for general damages. Also, you will need to present paperwork that proves the financial harm caused to you. This could be the following:

  • Medical bills for corrective dental treatments.
  • Evidence of how your income dropped or stopped because you were off work.
  • Proof of travel costs to essential appointments.
  • Receipts for painkillers or other medicines.
  • Evidence of amounts paid to those who looked after you.
  • Other financial impacts like additional childcare costs or counsellor fees for psychological harm.

It’s well worth seeing if a solicitor from our panel could help you with this. Their expertise may spot other expenses in the future that you can claim for like ongoing orthodontic treatments. Call to learn more.

A person with damaged upper teeth.

Reasons People Claim For Dental Negligence

It is important to be compensated for your injuries and any financial harm. People claim dental negligence compensation so that they can seek corrective treatments elsewhere and recover from the harm they suffered. It also sends an important message to the dental industry that standards are important and must be met to prevent others from experiencing unnecessary harm.

Claiming Against NHS Dentists Compared To Private Dentists

The same essential criteria apply whether your dental negligence claim is against an NHS or private clinic. If you have misgivings about claiming against an over-stretched NHS, it’s important to note that they allocate a budget to deal with claims of negligent care. Therefore, the compensation you are awarded does not detract from front-line services. A private clinic will be insured and their insurer will pay the compensation.

Whether it’s an NHS or private clinic, you don’t have to face the prospect of a dental negligence claim alone. A solicitor from our panel could navigate the entire process for you and allow you to concentrate on your recovery. Call to see if you are eligible to claim.

What Happens If The Dentist I Saw Has Left The Practice?

All dentists must be registered with the General Dental Council (GDC), which regulates the dental industry and protects patient safety and rights. All dentists must have appropriate indemnity insurance arrangements in place. This is specifically for instances where a patient might need to seek compensation from a dentist who has moved or retired. In cases like this, the dental negligence claim is directed against the insurer of the dental practice. Our advisors can help clarify your position further if you get in touch.

How To Claim For Dental Negligence

Once you feel sure your dental negligence claim meets the criteria above, you can begin to build proof that negligence harmed you physically, emotionally and financially. You can handle your claim independently whilst doing this. Or, you might want to reach out to a legal professional for help, which is your right to do.

Gathering The Evidence To Support Your Case

Evidence plays a pivotal part in all negligence and personal injury claims. With this in mind, it’s important to assemble as much proof as you can that dental negligence was the root cause of your harm. The following examples are useful:

  • Photos of your tooth or gum damage.
  • Copies of dental records that support your claim of harm.
  • The contact points for any eyewitnesses to the negligence. If a solicitor takes up your claim a statement can be obtained from these people at a later point.

For structured guidance on how to prove dental negligence, why not see if a solicitor could help?

Medical Assessments

A medical assessment is an opportunity for you to obtain evidence that you suffered harm. Should your claim be eligible and you decide to appoint a solicitor, they can arrange a medical assessment at a place and time that suits you.

The medical report generated could act as solid evidence that helps support your claim and enables you to aim for maximum compensation. Our advisors can go into detail with you about this if you call.

How Long Do I Have To Begin My Claim?

The Limitation Act 1980 states that you have three years in which to start your dental negligence claim. The claim doesn’t need to finish within that period but it must commence no later.

With negligence claims, the three-year period typically commences from the date of the injury itself or the ‘date of knowledge. This is the point at which you were reasonably likely to notice that negligent care harmed you or was the cause of your injury. Call our advisory team for further free guidance on time limits.

SOLICITOR READY TO TAKE A DENTAL NEGLIGENCE CLAIM ON A NO WIN NO FEE BASIS

Making A No Win No Fee Claim

Although you can launch a dental negligence claim independently, it’s sensible to see if you can benefit from expert legal representation as well. Our panel of solicitors provide eligible claimants with a variant of the No Win No Fee contract called a Conditional Fee Agreement (CFA). Under terms such as these, the solicitor can provide these advantages:

  • No solicitor’s fee to pay to begin work on your dental negligence claim.
  • No fees for your solicitor’s services as the claim moves forward.
  • The solicitors require no payment for their completed services if the claim is unsuccessful.
  • Claims that win mean a ‘success fee’ is owed to your legal team.
  • This fee is only a small percentage of the overall compensation amount and is subject to legal restriction.

Beginning dental negligence claims by using a CFA means the claimant can access excellent legal representation without the worry of upfront solicitors fees. Furthermore, if it wins, they get to keep almost all of the compensation. Interested? Call us.

How Long It Can Take For A Compensation Payout

Some factors can impact how long it takes to receive the compensation awarded to you:.

  • The complexity of the harm you suffered and your predicted recovery.
  • Whether there were multiple injuries.
  • How long it may take to gather reports about your dental treatment from other experts or specialists.
  • Whether the defendant/insurer disputes the claim of negligence.
  • How the parties approach negotiation settlement.
  • The general workload of the courts.

Call to discuss any concerns you might have about the speed at which compensation claims might be settled.

How Solicitors From Our Panel Can Help You

Our panel of No Win No Fee solicitors have decades of expertise in providing excellent legal services to the clients they represent. Here’s just a brief idea of what they could do:

    • Work with you to collect supporting evidence to strengthen your claim, like expert reports and witness statements.
    • Use this evidence to make sure the maximum compensation amount is calculated.
    • Communicate directly with the NHS or private clinic on your behalf.
    • Diligently attend to the Pre-Action Protocol steps that must be completed.
    • Ensure your claim meets any deadlines set by the courts.
    • Explain ‘legalise’ to you and represent your claim with professionalism at all times.

More Information

With advantages like these, it makes sense to see if the solicitors on our panel could help you with dental negligence claims. It takes just a moment to see if your claim could qualify:

  • Call to discuss dental negligence payouts in the UK on 0333 000 0729
  • Submit an online enquiry.
  • Ask the chat facility below a question to start a conversation.

Other resources:

In addition to the information in this guide, we offer other helpful resources after negligent treatment:

Thanks for reading this guide on how to claim compensation in dental negligence claims. For any further help or information on how a specialist dental negligence solicitor could help you, reach out to the advisory team on the contact choices above.