If your dentist, orthodontist or hygienist has provided a poor level of treatment or has misdiagnosed a serious condition you could be entitled to make a dental negligence claim. The claim would provide compensation for the injury caused, made worse or overlooked by your dental health provider, as well as your pain and suffering and any financial loss or expenses occurred.
Common examples of dental negligence include:
- Mistakes made in your dental treatment – leading to the loss of teeth, damage to the teeth, gums, tongue or mouth
- Negligent restorative dental treatment associated with implants, bridges, crowns and root canals
- Misdiagnosis or the late diagnosis of oral cancers, periodontal disease (also called gum disease or gingivitis) and other conditions
- Nerve injury resulting from negligent oral / dental surgery
Whether your dentist is an NHS or private provider, you could be entitled to make a compensation claim against them if they have been negligent in the care and treatment provided. Contact Devonshires Claims’ medical and dental negligence solicitors today for a free case evaluation. We will carefully review the circumstances of your case and advise you as to whether you have strong grounds on which to pursue a negligence claim against your dentist or other dental professionals.
Our compensation experts provide a No Win No Fee agreement for dental claims which means that you will not pay any upfront costs to start your claim and will not be charged any costs if your case is not successful*.
For more information on making a dental negligence claim or to start your free no-obligation case evaluation, call us today on 0333 900 8787, email firstname.lastname@example.org or complete our online form.
Read Our FAQs
A dentist, orthodontist or other dental healthcare professional has been negligent if the care or treatment fell below the standards which could be expected from a reasonably competent and experienced dental care provider. The negligence must be directly attributable to the injury sustained or it has made an existing condition worse.
The common forms of dental negligence include:
Dental negligence could have far reaching and long-term consequences such as pain, infection, cosmetic damage, misalignment of teeth, problems when eating, permanent damage to your mouth, teeth or gums, as well as the trauma and the impact on your mental health.
According to the NHS Resolution Annual report and Accounts 2018/19, 66% of suspended health care professionals came from a dental background.
If it can be shown that substandard or negligent treatment by your dentist or other dental practitioner has directly caused an injury, has worsened a condition, has delayed treatment, or caused unnecessary pain and suffering you could be entitled to bring a claim for compensation.
Why make a dental negligence claim?
Making a negligence claim against a dentist or other dental practitioner could provide:
- Justice and an acknowledgement for the poor standard of care and treatment received
- Prevent other patients from receiving the same treatment
- Financial compensation to acknowledge your pain and suffering as well support for dental and medical and travel expenses if further treatment is required.
- Financial compensation to obtain support for mental health issues resulting from the treatment received including managing pain and trauma.
Dental negligence cases can vary and as such it could take from 12 months to a few years to settle depending on the severity of your injury, whether the defendant accepts liability and the complexity of your case.
Devonshires Claims dental negligence experts will keep you informed on the progress of your case through regular updates.
Typically a patient will need to make a dental negligence claim within three years of the date of the treatment or three years from the date that they should or could have become aware that they received negligent treatment.
However there are some exceptions to this limit:
- Children under 18: If you are claiming compensation on behalf of a child, the limitation period does not start to run until they reach their 18th birthday. The three year limitation period will then begin to run from that date.
- Lack of mental capacity: A child or adult without capacity to run a claim, may not have a time limit within which to bring a claim. We recommend that you contact Devonshires Claims if you have any queries involving those who lack capacity and our specialist solicitors will be able to assist.
A dental compensation claim will factor in the following aspects:
- Your medical history, i.e. whether the injury is a one off or associated with a pre-existing medical condition which has been made worse by the negligence.
- The nature and severity of your injury
- The pain and suffering you are experiencing or expect to experience long-term
- Remedial expenses to compensate for future treatment required.
What can be claimed for?
Compensation for dental negligence involves calculating a variety of costs and claiming damages to meet those costs. Judicial Guidelines are in place to provide a framework to determine the level of damages awarded for certain injuries in respect of pain, suffering and loss of amenity.
Most dental negligence claims will comprise of one or more of these types of damages:
- General damages – are awarded to compensation for the direct effects of the negligence, where the defendant’s actions can be linked to the injuries sustained. These can include:
- Pain and suffering
- Physical injury, impairment, disability or disfigurement
- Mental pain and trauma
- Reduced quality of life
- Special damages – are awarded to compensate for financial expenses that have been incurred as a direct result of the defendant’s action. These can include:
- Short and long-term medical expenses
- Travel costs
- Employment – loss of a specific career or job prospects, including loss of a pension or pension contributions
- Loss of income and earnings capacity
General damages compensation pay-outs for dental negligence
The table below provides a guide to the potential compensation awarded, however the final compensation figure will be determined by the Court.
The general damages above reflect the pain and suffering the injury has caused. The list is not exhaustive.
Claims can be made against both a NHS or private dentist, orthodontist or other dental healthcare provider. Contact our expert solicitors today for more information or to start your free case evaluation.
In preparation for a dental claim, our negligence experts recommend you:
- Gather any medical reports or correspondence you may have from your dentist or dental professional.
- Collect important information – i.e. names of the relevant dentist and supporting dental staff. If you attended a private clinic, it would useful to provide details of the company which owns the clinic.
- Determine the financial consequences of your dental injury – this could include time off at work, lost income, medical expenses, travel expenses, costs of additional x-rays or treatment.
- Contact Devonshires Claims dental negligence solicitors to arrange your free case evaluation.We also provide a no win no fee agreement and if required, will arrange for a private dental examination to assist us with your claim.
Devonshires Claims’ solicitors handle most dental negligence claims on a no win no fee basis. This means that you do not need to pay anything upfront in order to bring a claim and you will not incur any charges if your case is not successful*.
If your case is successful we will recover most of your costs from the other side**.
For more information on our ‘No Win – No Fee‘ agreement please click here.
Why choose our medical and dental negligence experts to help you make your compensation claim?
Our dental negligence experts are experienced in dealing with a variety of compensation claims. We work hard to:
- Understand the circumstances of your case and the full extent of your injuries
- To obtain justice for the injury you sustained
- To obtain an explanation for the negligent treatment you received
- Secure the maximum compensation that can be awarded
If you have received negligent care and treatment from your dentist and are ready to begin a compensation claim, contact Devonshires Claims medical and dental negligence solicitors today. We offer our clients:
- A free no-obligation case evaluation
- A No Win No Fee agreement
- Access to an extensive network of specialist medical and dental experts
- Access to specialist barristers
- Over 20 years’ experience in securing compensation for our clients
Compensation For Poor Surgical Care During Surgery to Remove Tumour in Salivary Glands
A clinical negligence claim brought by the Claimant for damages following substandard surgical care during a surgery to remove a tumour called a pleomorphic adenoma in 1994. The Claimant claimed for the failure to advise of the risks of surgery, allowing her to make an informed decision. Secondly, she claimed for the failure by the Defendant to perform an open surgery which would have allowed for complete removal of the tumour.
The claim settled at mediation for £425,000.
Client’s Vein Damaged When Cannula Inserted Negligently
Negligent treatment of a breast cancer patient. The client suffered pain and loss of function in their right hand and forearm as a consequence of an extravasation of a vesicant drug during their cancer treatment. (chemotherapy).
Estimated £50,000 recovered in damages – pre-Trial settlement.
Compensation Claim For Negligent Cataract Treatment: £330K Awarded
Legal action following a failure of the NHS Trust to properly treat and advise the Claimant pre and post-surgery. The result being that the routine cataract treatment has been unsuccessful and the Claimant is now registered blind.
£330k – Negotiated, without Trial.