Dental Negligence Solicitors

To undertake a dental negligence claim you must have sustained an injury or damage, as a result of the dental treatment understand the options available to you.

Dental Negligence Solicitors

Dental negligence solicitors advise patients who believe that negligent dental treatment has caused avoidable injury, pain or financial loss.

A poor result or complication does not automatically establish negligence. A successful claim normally requires evidence that:

• the treatment fell below the standard reasonably expected of a competent dental professional; and


• the failure caused or materially contributed to injury or additional loss.

Types of Dental Negligence Claims

A solicitor may assist with claims involving:

• delayed or incorrect diagnosis;


• failure to identify or treat gum disease;


• unnecessary extraction of a tooth;


• extraction of the wrong tooth;


• nerve damage;


• poorly performed root canal treatment;


• defective crowns, bridges, veneers or implants;


• orthodontic treatment errors;


• failure to diagnose oral cancer;


• inadequate treatment planning;


• failure to obtain informed consent;


• failure to explain material risks or reasonable alternatives;


• infection caused by negligent treatment; and


• inadequate follow-up care.

How a Dental Negligence Solicitor Can Help

A dental negligence solicitor may:

• review the circumstances of the treatment;


• obtain dental and medical records;


• consider radiographs, scans, photographs and treatment plans;


• instruct an independent dental expert;


• investigate whether the treatment was negligent;


• assess whether the negligence caused injury;


• obtain evidence about remedial treatment and prognosis;


• calculate the value of the claim;


• correspond with the dentist, practice or insurer;


• negotiate a settlement; and


• conduct court proceedings where required.

Independent expert evidence will normally be required to address the standard of treatment, causation, future dental needs and the likely cost of corrective work.

Compensation

Depending on the circumstances, compensation may include:

• pain, suffering and loss of amenity;


• the cost of remedial dental treatment;


• future replacement treatment;


• prescription and medical expenses;


• travel costs;


• loss of earnings;


• psychological injury supported by medical evidence; and


• other reasonable losses caused by the negligence.

Complaining About Dental Treatment

A complaint may help obtain an explanation, an apology, a refund, or remedial treatment, but it is separate from a legal compensation claim.

Complaints about NHS dental treatment may normally be made to the dental practice or the relevant NHS body. Complaints about private treatment can initially be made to the practice and may later be referred to the Dental Complaints Service.

Making a complaint does not normally stop the legal time limit for bringing a negligence claim.

Time Limits

Dental negligence proceedings in England and Wales must normally be issued within three years of:

• the negligent treatment; or


• the date the patient first knew, or could reasonably have known, that a significant injury may have resulted from the treatment.

Different rules apply to children and people who lack the capacity to conduct legal proceedings. The court has limited discretion to allow some late claims, but this should not be relied upon.

Advice should be obtained promptly, particularly where further treatment may alter or remove important evidence.

Finding a Dental Negligence Solicitor

Use the search facility at the top of this page, select "Dental Negligence" and enter your location to find solicitors who handle dental treatment claims.

When contacting a solicitor, provide a brief history of the treatment, the dates involved, the injury suffered and details of any remedial work recommended or completed.

This information provides general guidance about dental negligence claims in England and Wales. It does not constitute legal or dental advice about an individual case.