By Megan Cullen. Last Updated 28th November 2023. Have you suffered injuries because of negligent dental treatment? If so, you might ask whether you can start a claim for dental negligence and how much you could potentially claim.
In this guide, we aim to answer these questions and give you further information about dental negligence claims. In the sections below, we look at how solicitors can calculate compensation payouts, how to prove dental negligence and how a personal injury solicitor could help you. We also look at some examples of dental negligence in detail such as wrong tooth extraction, a misdiagnosis, a missed diagnosis of oral cancer or negligent periodontal disease care.
Whatever type of dental negligence you’ve experienced, we’d be happy to offer you free legal advice on your potential claim.
Select A Section
- Dental Compensation – Calculating Dental Negligence Payouts
- Am I Eligible To Claim For Dental Negligence Compensation?
- Time Limits For Making A Dental Negligence Claim
- Types Of Dental Negligence
- Do I Need Evidence To Claim For Dental Negligence Compensation?
- No Win No Fee Compensation For Dental Negligence
- More Information
If you are eligible to sue a dentist, you might be interested in dental negligence payouts. This section looks at how dental compensation is calculated for a successful claim. Two heads could make up your payout.
Firstly, you would claim general damages in a successful claim. This is to compensate for the suffering and pain caused by your dental negligence injury.
We’ve provided rough figures for general damages relating to dental and jaw injuries from the Judicial College Guidelines (JCG) in the table below. The JCG is used by legal professionals to help value claims and was last updated in 2022.
The top entry of this table does not feature within the JCG.
|Type of Injury||Notes||Compensation Bracket|
|Multiple Serious Injuries Plus Financial Losses||Compensation for several sever injuries as well as their subsequent financial losses, such as medical expenses.||Up to £75,000+|
|Fractures of Jaws (i)||Multiple, very serious fractures which require a prolonged course of treatment and lead to permanent consequences which could include paraesthesia, severe pain and restriction on eating. It could also risk arthritis.||£30,490 to £45,540|
|Fractures of Jaws (ii)||Serious fractures leading to permanent problems with eating, opening of the mouth, or cases where paraesthesia affects an area of the jaw.||£17,960 to £30,490|
|Fractures of Jaws (iii)||Simple fractures that require immobilisation, but where there is a complete recovery.||£6,460 to £8,730|
|Damage to Teeth||Chronic tooth pain that lasts for years, with the teeth's condition deteriorating. Potentially due to an untreated abscess.||Up to £38,130|
|Damage to Teeth (i)||Severe damage or loss of several of the front teeth.||£8,730 to £11,410
|Damage to Teeth (ii)||Serious damage or loss of two front teeth.||£4,350 to £7,630
|Damage to Teeth (iii)||Serious damage or loss of one of the front teeth.||£2,200 to £3,950
|Damage to Teeth (iv)||Damage or loss of back teeth. Compensation is awarded on a per tooth basis.||£1,090 to £1,710|
Secondly, your dental compensation claim may include a head called special damages. It is under special damages that you could be reimbursed for costs and losses directly related to the injuries you suffered because of dental negligence. However, you will need to present evidence of your costs, such as receipts, invoices, and wage slips.
Dental negligence payouts could include:
- Loss of earnings.
- Prescription costs.
- Dental implants or dentures.
Get in touch with our advisors for a free estimation of your dental compensation.
All medical professionals owe you a duty of care when they are providing you with treatment. This duty also extends to dentists. Per their duty of care, they must ensure that they provide you with the correct standard of care. If this duty is breached, you may suffer harm that could have been avoided and wonder whether you are entitled to negligent dentist compensation.
To have a valid dental negligence claim, you will need to demonstrate:
- A dentist owed you a duty of care.
- They breached this duty.
- Due to this breach, you suffered unnecessary harm.
To discuss your case and receive information regarding potential dental negligence payouts in the UK, you can contact a member of our advisory team.
If you are seeking dental compensation, you must file your claim within the limitation period. The Limitation Act 1980 sets this time limit as generally three years from the date of the incident. However, the three years could also start from the date that you realised (or would have been expected to realise) that the harm you suffered was connected to a dentist providing a substandard level of care.
Additionally, in certain circumstances, there are exceptions to this limitation period. These include:
- Those without the mental capacity to initiate legal proceedings themselves. In these cases, an indefinite suspension is applied to the time limit that lasts for as long as the injured party is unable to launch a claim. During this suspension, a court-appointed litigation friend can act on behalf of the injured party. However, if the injured party regains this capacity and a claim was not started for them, they have three years from the date it was deemed they recovered to begin the process.
- Those under the age of 18. In these cases, the time limit is frozen until their 18th birthday. During this time, a litigation friend can launch a claim on their behalf. However, once they turn 18, they have three years from that date to file a claim if one was not filed for them already.
To learn more about the time limit and exceptions that could apply, speak to an advisor by calling the number above. They can also answer other questions, such as how dental negligence payouts in the UK are calculated and what could be awarded for a successful claim.
There are many different types of dental negligence, including:
Oral Cancer Misdiagnosis
It is vital that dentists diagnose and treat oral cancer as quickly as possible to prevent the worsening of the disease. Dentists should have the professional knowledge to spot signs of oral cancer, and if they cannot rule out such a diagnosis, they should refer a patient to the appropriate services so that they can get the appropriate diagnosis and treatment.
A failure to refer a patient with signs of mouth cancer could lead the disease to worsen, causing them unnecessary pain and suffering. A missed diagnosis or late diagnosis could affect a patient’s prognosis significantly. If your dentist has missed the signs of oral cancer and you believe their treatment was negligent, call our advisors to see what your next steps could be.
Negligence In Restorative Dentistry
Restorative dentistry is treatment that a dentist gives in order to keep a patient’s mouth healthy and to repair damage. Restorative treatment could include:
- An implant
- Root canal treatment
- Wisdom teeth removal
- Root canal treatment
If your restorative dental treatment is negligent, this could mean you have to have further treatment due to its failure. Or, you may suffer pain, trauma and cosmetic damage. Whatever harm you’ve suffered due to negligent dental treatment, you could be eligible to claim compensation. We would be happy to offer you free legal advice to see if you could claim.
Negligent Periodontal Disease Care
Gum disease could be considered a common complaint. It occurs due to a build-up of plaque on the teeth and can cause bleeding gums, swelling and pain. If left untreated, gum disease could develop into periodontitis.
Periodontal disease can have serious consequences in some cases. If your dentist fails to spot early signs of periodontal disease, it could progress, which could cause suffering, pain and could even lead to teeth being lost. It could even affect the ability of a sufferer to move their jaw properly.
If your dentist fails to diagnose periodontal disease because they ignore the symptoms or doesn’t treat it appropriately, this could be classed as dental negligence. We could help you connect with a lawyer who could fight for compensation for dental negligence cases involving periodontal disease.
To claim compensation for dental negligence, your case will need to include evidence that confirms the avoidable harm you’ve suffered and shows how it occurred. Evidence for a dental negligence claim may include:
- Your dental records. These can confirm what treatments you’ve received and the outcome of this work.
- Photographs showing the avoidable harm you’ve sustained, for example, a missing tooth.
- The contact details of any witnesses, such as a chaperone who attended your appointment with you.
- A diary of ongoing symptoms you have been experiencing following the incident.
If you arrange to get support from a dental negligence solicitor, then they can assist you with gathering evidence to build your case. For more advice on what evidence you can gather or to ask about other topics, such as dental negligence payouts in the UK, you can contact our advisors for free today.
If you are eligible to make a claim for dental compensation, a solicitor from our panel could help you with your case. They may also offer to represent you under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee arrangement.
When working with a solicitor under a CFA for your dental negligence claim, you will not be required to pay them for their services if the claim fails. Alternatively, if your claim is successful, your solicitor takes a success fee from your compensation award. There is a legal cap on the percentage your solicitor can take as this fee.
To find out if you could be eligible to make a claim for dentist negligence, contact our advisors today. They could offer you free advice and connect you with a solicitor from our panel if they think you may have a strong case.
Contact an advisor by:
- Calling 0161 696 9685
- Completing our contact form for a free call back.
- Using our live pop-up chat widget.
- Complications With Gum Disease – You can find out about the complications of gum disease on the NHS website.
- Trigeminal Neuralgia – If the trigeminal nerve is damages, it could lead to trigeminal neuralgia. You can find out more about this condition on the NHS website.
- Complaining About A Dentist – You can find out how a dentist should deal with complaints on the General Dental Council website.
- Claims For NHS Dental Negligence – negligence claims are covered in this useful guide.
- Broken Tooth Claims – Are you claiming compensation for a broken tooth? If so, this information might interest you.
- Tooth Loss Case Study – You can read about a case study involving a lost tooth here.