Meta Description: Suffered from dental malpractice? Learn how to make a claim for dental negligence, what compensation you could receive, and how to protect your legal rights.
1. What Is a Claim for Dental Negligence?
A claim for dental negligence is a legal process where a patient seeks compensation after receiving substandard dental care that caused pain, injury, or further treatment. This includes errors by NHS or private dentists that fall below the accepted standard of care.
If your dentist acted negligently and you suffered harm as a result, you have the right to pursue compensation for both physical and emotional damage.
2. Common Types of Dental Negligence
You may be eligible to make a claim for dental negligence if your injury was caused by any of the following:
- Incorrect tooth extraction
- Misdiagnosis or delayed diagnosis of oral diseases
- Failure to diagnose oral cancer
- Poorly fitted crowns, veneers, or braces
- Nerve damage caused by negligent treatment
- Infection due to lack of hygiene or poor aftercare
- Wrong medication or allergic reactions
Negligence can happen during routine check-ups, cosmetic procedures, or surgical treatments.
3. Signs You May Have a Valid Dental Negligence Claim
You may have a claim if:
- You suffered physical injury, unnecessary pain, or psychological harm
- The treatment led to worsening dental issues or the need for corrective work
- A competent dentist would not have made the same mistake
- The incident occurred within the last three years
If you’re unsure, a specialist dental negligence solicitor can assess your case during a free consultation.
4. What Compensation Can You Receive?
A dental negligence claim can include:
- General damages for pain, suffering, and emotional distress
- Special damages for financial losses, such as:
- Cost of corrective dental treatment
- Lost income from time off work
- Travel expenses for specialist care
- Future medical costs
- Cosmetic repair or implants
The value of your claim depends on the severity of the injury and its impact on your quality of life.
5. How to Start a Claim for Dental Negligence
To begin your claim:
- Request your dental records from the dentist or practice
- Document your symptoms and any corrective treatment received
- Seek a second opinion from a qualified dentist or dental expert
- Contact a dental negligence solicitor who offers “No Win, No Fee” services
- Submit your claim with medical evidence and proof of negligence
A solicitor will guide you through the process, arrange independent assessments, and negotiate with the other party or their insurer.
6. Time Limits for Making a Dental Negligence Claim
You generally have three years from:
- The date of the negligent treatment, or
- The date you first became aware something went wrong
Exceptions apply for children (time limit starts at age 18) and those lacking mental capacity.
Acting quickly improves your chances of a successful outcome and ensures access to evidence.
7. Do You Need a Solicitor?
Yes. Dental negligence claims can be legally complex and require expert evidence. A specialist solicitor will:
- Determine if negligence occurred
- Arrange dental expert opinions
- Gather medical records and documentation
- Deal with insurers and legal processes
- Work on a No Win, No Fee basis to reduce financial risk
Professional legal support increases your chances of securing the maximum compensation available.
Frequently Asked Questions
Q1: Can I make a claim against an NHS dentist?
Yes. NHS dentists have a legal duty of care, and you can make a claim through NHS Resolution for negligent treatment.
Q2: What if I signed a consent form?
Signing a consent form does not waive your right to claim. If the treatment was negligent, you’re still entitled to compensation.
Q3: Can I claim for cosmetic dental procedures gone wrong?
Yes. Claims can be made for negligent cosmetic treatments like veneers, implants, or whitening if they cause harm.
Q4: What if I need future treatment?
Your claim can include costs for corrective work, ongoing care, and future dental procedures if medically justified.
Q5: Will I need to go to court?
Most dental negligence claims settle out of court. You’ll only need to attend if the case is disputed or no agreement is reached.
Q6: Is dental negligence compensation taxable?
No. Compensation for dental negligence, including general and special damages, is not taxable in the UK.
Conclusion
If you’ve suffered harm due to poor dental care, you may be entitled to make a claim for dental negligence. Acting quickly, gathering evidence, and working with an experienced solicitor will help you secure the compensation you deserve for your pain, suffering, and financial losses. Don’t delay—take action and protect your health and rights today.
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