Martin taggart

1. What Is Dental Malpractice?

Dental malpractice, also known as dental negligence, occurs when a dentist, orthodontist, or dental professional provides substandard care, leading to injury, pain, or long-term complications. If you have suffered due to improper treatment, misdiagnosis, or surgical errors, you may be entitled to compensation.

2. Examples of Dental Malpractice in the UK

Common cases of dental negligence include:

• Misdiagnosis or Delayed Diagnosis: Failure to detect oral diseases such as gum infections or oral cancer.
• Incorrect Tooth Extraction: Removing the wrong tooth or causing damage to adjacent teeth.
• Surgical Errors: Mistakes during procedures like root canals, implants, or extractions leading to nerve damage or infection.
• Poorly Fitted Crowns, Bridges, or Braces: Dental work that causes pain, misalignment, or the need for corrective procedures.
• Anesthesia Errors: Overuse or failure to administer anesthesia properly, leading to complications.
• Failure to Obtain Consent: Performing a procedure without fully informing the patient of the risks.

3. Who Can Make a Dental Malpractice Claim?

You may be eligible to file a claim if:

• You have suffered physical pain, injury, or emotional distress due to negligent dental treatment.
• The malpractice occurred within the last three years (except for children, where the time limit starts at age 18).
• You can provide medical records or expert opinions proving the negligence.

4. How Much Compensation Can You Receive?

The amount of compensation depends on the severity of the injury and its impact on your life. Estimated payouts include:

• Minor injuries (temporary pain, discomfort): £1,000 – £5,000
• Moderate injuries (incorrect treatment requiring correction): £5,000 – £20,000
• Severe injuries (permanent damage, nerve injury, loss of teeth): £20,000 – £100,000+

Compensation can cover:

• Medical and Dental Costs: Corrective procedures, future treatments, and medication.
• Lost Earnings: If you had to take time off work.
• Pain and Suffering: Compensation for physical pain and emotional distress.
• Travel Expenses: Costs for additional medical visits.

5. How to File a Dental Malpractice Claim in the UK

Follow these steps to start your claim:

• Step 1: Seek Medical or Dental Treatment – If you are still in pain or need corrective procedures, get professional care.
• Step 2: Gather Evidence – Collect dental records, photographs, receipts, and witness statements.
• Step 3: File a Complaint with the Dental Practice – Many issues can be resolved without legal action.
• Step 4: Contact a Dental Negligence Solicitor – A lawyer will assess your case and guide you through the claims process.
• Step 5: File a Claim with the Dentist’s Insurance Provider – Most dentists have indemnity insurance to cover malpractice claims.
• Step 6: Negotiate a Settlement or Take Legal Action – Many claims settle out of court, but if necessary, your solicitor will take the case to trial.

6. How Long Do You Have to Make a Claim?

In the UK, the standard time limit for filing a dental negligence claim is three years from:

• The date the malpractice occurred.
• The date you became aware of the negligence (if symptoms appeared later).

Exceptions apply if:

• The victim is a child (they can claim until their 21st birthday).
• The patient lacks mental capacity (no time limit applies).

7. What If Your Dental Malpractice Claim Is Denied?

If your claim is rejected:

• Request a Detailed Explanation: Understand why the claim was refused.
• Gather Additional Evidence: Medical records, second opinions, and expert witness statements can strengthen your case.
• File an Appeal: Your solicitor can challenge the denial.
• Take Legal Action: If negotiations fail, the case may proceed to court.

8. Alternatives to a Compensation Claim

If you do not want to take legal action, you can:

• File a Complaint with the General Dental Council (GDC): They regulate dentists in the UK and can take disciplinary action.
• Report the Case to the Parliamentary and Health Service Ombudsman: If you received NHS dental care and are unsatisfied with the response to your complaint.
• Seek Corrective Treatment Privately: Some patients choose private dental care to fix the damage caused by malpractice.

9. Frequently Asked Questions

• How much does it cost to make a dental negligence claim?
  Many solicitors offer no win, no fee agreements, meaning you only pay if your claim is successful.
• Can I claim for nerve damage caused by dental malpractice?
  Yes, nerve damage from dental procedures is a valid reason for a claim, especially if it causes permanent pain or loss of sensation.
• Do I need medical evidence for a dental malpractice claim?
  Yes, dental records, X-rays, and expert assessments are crucial for proving negligence.
• Can I claim if I had NHS dental treatment?
  Yes, you can claim against both NHS and private dentists.
• How long does a dental malpractice claim take?
  Simple cases may settle in 6–12 months, while complex claims can take 1–3 years.
• Can I claim if I had cosmetic dental treatment?
  Yes, if you suffered harm due to a botched cosmetic procedure such as veneers, implants, or teeth whitening.

10. Conclusion

Dental malpractice can have long-lasting effects, but victims have the right to seek compensation. Understanding common examples of negligence, acting quickly, and consulting a solicitor can improve your chances of success. Whether through settlement or legal action, pursuing a claim ensures you receive the justice and financial support you deserve.