1. What Is a Dental Claim?
A dental claim is a legal request for compensation made by a patient who has suffered injury, pain, or financial loss due to negligent dental treatment. It applies to both NHS and private dental care providers.
2. What Counts as Dental Negligence?
Dental negligence occurs when a dentist or dental professional:
- Provides substandard treatment
- Fails to diagnose or misdiagnoses a condition
- Causes unnecessary pain, injury, or complications
- Does not obtain proper patient consent
- Makes avoidable surgical or procedural errors
3. Common Reasons for Filing a Dental Claim
- Incorrect tooth extractions
- Nerve damage during surgery
- Misfitted crowns, dentures, or bridges
- Infections caused by poor hygiene or aftercare
- Cosmetic dentistry errors
- Failure to detect or treat gum disease or oral cancer
4. Who Can You Claim Against?
- NHS dentists
- Private dental practitioners
- Dental hygienists or assistants (involved in negligence)
- Dental clinics or corporate providers
5. What Can You Claim Compensation For?
- Pain and suffering
- Cost of corrective treatment
- Loss of income due to time off work
- Travel and prescription expenses
- Psychological or emotional distress
- Long-term or permanent damage
6. How to Prove Dental Negligence
To succeed in a dental claim, you must prove:
- Duty of care existed between you and the dentist
- The dentist breached that duty
- That breach caused injury or harm
- You suffered losses as a result
Your solicitor will collect:
- Dental records and X-rays
- Independent expert opinions
- Photographic evidence
- Witness statements, if applicable
7. What Is the Time Limit for Making a Dental Claim?
In the UK, the standard time limit is 3 years from:
- The date of the negligent treatment
- Or the date you first became aware of the injury
For children, the 3-year period starts at age 18. For those lacking mental capacity, exceptions apply.
8. How Much Compensation Can You Receive?
Amounts vary based on the injury and impact. Examples include:
- Minor soft tissue damage: £1,000 – £4,000
- Loss of tooth (single): £2,000 – £4,500
- Serious nerve damage or chronic pain: £10,000 – £25,000
- Facial disfigurement or permanent loss of teeth: £30,000+
9. Steps to Take If You Suspect Dental Negligence
- Seek a second opinion from another dentist
- Request your dental records
- Keep receipts, correspondence, and evidence
- Document your symptoms, pain levels, and impacts on daily life
- Contact a solicitor for a free case review
10. NHS Complaints vs. Legal Claims
- NHS complaints can be made directly to the practice or NHS England
- These may result in an apology or explanation—but no compensation
- A legal dental claim is needed if you want financial redress
11. Can You Make a Claim Against a Cosmetic Dentist?
Yes. Cosmetic dental procedures such as veneers, teeth whitening, and implants are covered under dental negligence law if they cause harm due to poor workmanship or inadequate care.
12. Role of a Dental Negligence Solicitor
A solicitor will:
- Review your case for free
- Gather expert reports and dental records
- Handle negotiations with insurers or dental defence unions
- File the claim in court if required
- Work on a no win, no fee basis in most cases
13. What If the Dentist Denies Responsibility?
Your solicitor can:
- Obtain an independent dental expert’s report
- Challenge their version of events
- Use case law and medical standards to build a strong argument
14. Emotional and Psychological Impact
You can also claim for:
- Anxiety about future dental visits
- Self-esteem or confidence loss due to visible damage
- Depression related to ongoing pain or cosmetic effects
15. How Long Does a Dental Claim Take?
- Simple claims: 6–9 months
- Moderate claims: 9–15 months
- Complex claims: 18–24+ months
Timeframes depend on cooperation from the other party, the need for medical assessments, and settlement negotiations.
16. No Win No Fee Dental Claims
Most solicitors offer no win, no fee agreements:
- No upfront cost
- Pay only if your case is successful
- The fee is deducted from your compensation (typically capped at 25%)
17. Can You Claim for Treatment Abroad?
Yes, but the process is more complex. Your solicitor will investigate:
- The legal system of the country where treatment occurred
- Whether the dentist is insured
- Applicable international regulations
Frequently Asked Questions
Q1: Can I still claim if I agreed to the treatment?
Yes, if the dentist didn’t fully explain the risks or alternatives, it may still be negligent.
Q2: Is dental negligence common?
While most dentists provide excellent care, mistakes do happen and can have lasting consequences.
Q3: Can I claim against an NHS and private dentist for the same issue?
Possibly. If both contributed to the harm, your solicitor will assess and apportion liability accordingly.
Q4: What if I need corrective treatment?
You can claim for the full cost of future dental work necessary to fix the damage caused.
Q5: Will I have to go to court?
Most dental claims settle out of court. If needed, your solicitor will represent you throughout.
Q6: Is it worth making a dental claim for a minor injury?
Yes. Even minor injuries can lead to pain, expense, and anxiety—entitling you to compensation.
Conclusion
If you’ve suffered due to poor dental treatment, a dental claim can help you recover both financially and emotionally. With the right legal support, you can hold negligent providers accountable and secure the compensation you deserve. Don’t delay—speak to a dental negligence solicitor and begin your claim today.