1. What Is Dental Negligence in the NHS?
Dental negligence occurs when a dentist or dental professional provides substandard care that results in injury or worsens an existing condition. This can include poor diagnosis, incorrect treatment, or failure to provide adequate advice. In the NHS, such claims are taken seriously and are subject to legal accountability.
2. Common Examples of NHS Dental Negligence
- Misdiagnosis or delayed diagnosis of oral diseases
- Incorrect tooth extraction
- Failure to treat dental infections
- Damaging healthy teeth or gums during treatment
- Inadequate root canal procedures
- Poorly fitted crowns, bridges, or dentures
These actions can lead to physical pain, emotional distress, and long-term oral health issues.
3. Legal Grounds for Filing a Claim
To file a dental negligence NHS claim, you must prove:
- The standard of care you received was below acceptable levels
- This negligence directly caused injury, pain, or worsening of a condition
- You suffered damages—physical, emotional, or financial—as a result
A solicitor will assess your case and determine if these conditions are met.
4. How to Start a Dental Negligence Claim Against the NHS
Begin by gathering all relevant documents:
- Dental records and treatment history
- Photographs of any visible damage
- Correspondence with your NHS dentist
- Notes on pain, symptoms, or complications
Next, consult a solicitor who specializes in dental negligence. They will file a claim on your behalf with NHS Resolution, the organization that handles NHS legal cases.
5. Time Limits for Filing a Claim
You typically have three years from the date of the negligent treatment or when you became aware of the harm. If the patient is under 18, the time limit begins on their 18th birthday. Exceptions may apply for those with reduced mental capacity.
6. Compensation You May Be Entitled To
Compensation (also called damages) is divided into:
- General Damages: for pain, suffering, and emotional distress
- Special Damages: for financial losses, including additional dental treatment, travel expenses, and lost earnings
The amount depends on the severity and long-term impact of the negligence.
7. Role of Expert Witnesses in Your Case
Independent dental experts may be called to evaluate the standard of care provided and how it compares with accepted professional standards. Their testimony strengthens your case by confirming if negligence occurred.
8. Do NHS Dental Claims Go to Court?
Most cases are settled without going to court. However, if liability is disputed or a settlement can’t be reached, your case may proceed to trial. Your solicitor will prepare you for the process and represent you throughout.
9. Funding Your NHS Dental Negligence Claim
Many solicitors work on a “no win, no fee” basis. This means you only pay legal fees if your claim is successful, reducing the financial risk of pursuing justice.
10. The Importance of Specialist Legal Advice
Dental negligence cases are complex. An experienced solicitor can guide you through the process, gather evidence, and negotiate effectively with NHS legal teams to secure the best outcome.
Frequently Asked Questions
What counts as NHS dental negligence?
Any treatment falling below professional standards that results in harm—such as misdiagnosis, faulty treatment, or inadequate care—can be considered negligence.
Can I claim compensation for pain after NHS dental treatment?
Yes, if the pain is due to negligent care, you may be eligible for compensation.
How much compensation can I get?
It depends on the severity and impact of the injury. Claims can range from hundreds to tens of thousands of pounds.
Is there a time limit for NHS dental negligence claims?
Yes, generally three years from the date of injury or discovery of negligence.
Do I need a solicitor to make a claim?
Yes, a solicitor helps build a strong case and deals with NHS legal representatives on your behalf.
Can children make NHS dental claims?
Yes. A parent or guardian can claim on their behalf. The child can also claim once they turn 18, within the standard time limit.
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