In this guide, we’ll be explaining what dental negligence is and when you could be eligible to claim compensation for unnecessary harm in this setting. We’ll also provide information about the evidence that will help support this kind of claim. In addition, this guide will discuss the time limits that apply.
Dental negligence claims guide
Later, we’ll explain the benefits of claiming with the assistance of a solicitor. What’s more, we’ll tell you how our team of advisors may be able to put you in contact with a solicitor from our panel. They can offer their services under a No Win No Fee agreement; if you’re wondering what this means, read on and we will set out the benefits further in this guide.
If you have questions in regard to your potential claim, then you can use the following contact information to get in touch with our team of advisors. They can provide you with legal advice. Get in touch with us by:
- Completing our website’s Contact Us form
- Calling us on 0113 460 1216
- Talking with an advisor in the Live Chat feature below
Choose A Section
- When Are You Eligible To Make A Dental Negligence Claim?
- How Could Dental Negligence Happen?
- Evidence That Could Help You When Claiming For Negligence
- How Much Compensation Could You Receive?
- Claim For Dental Negligence On A No Win No Fee Basis
- Learn More About Making A Dental Negligence Claim
When Are You Eligible To Make A Dental Negligence Claim?
Every medical professional owes a duty of care to the patients they treat. This includes healthcare providers such as dentists, dental hygienists and dental nurses. Under this duty, these professionals must provide care that doesn’t fall below a minimum standard. If they fail to meet this standard of care and, as a result, cause you to suffer harm that was unnecessary and could have been avoided, then this is an example of dental negligence.
Sometimes, pain and suffering are necessary factors of dental treatment. For example, if you need a tooth extracting, then this might be painful but it would be dangerous to leave the tooth in your head because there is a risk that the infection could spread. Therefore, you must show that not only were you harmed by the breach of duty, but that the harm you experienced was unnecessary and would have been avoided were the right level of care administered.
To identify whether negligence may have contributed to your circumstances, you can ask yourself:
- Did a medical professional owe me a duty of care?
- Did they breach this duty by providing a substandard level of care?
- As a result of this inadequate care, did I experience unnecessary/avoidable harm?
If the answer to all of the questions above is “yes”, then you could have a valid claim.
If you’re wondering about your eligibility to claim, use the contact information before you get in touch with our team of advisors. They provide more information about the claims process and offer legal advice about the merits of your claim.
How Could Dental Negligence Happen?
Dental negligence can happen in a variety of ways. Below are some examples of how a dentist’s actions could result in you sustaining harm:
- Delayed treatment. Your mouth is showing clear signs of oral cancer, but your dental professional does not refer you for diagnostic testing.
- Medication errors. You may require anaesthetic during a dental procedure. However, if your medical records indicate you have an allergy and your dentist does not account for this, you could suffer an allergic reaction.
- Unnecessary treatment. Your dentist could remove a tooth when this was unnecessary.
Is There A Time Limit To Making Dental Negligence Claims?
As per The Limitation Act 1980, you must begin a dental negligence claim within three years of:
- The date negligence occurred.
- The date you realise negligence occurred. This is also known as your date of knowledge.
However, these time limits do have some exceptions. If a person is under the age of 18 when negligence occurs, then the time limit is suspended. It begins again when they turn 18.
Alternatively, the courts may appoint a litigation friend to make a claim on the person’s behalf while the time limit is suspended. If this is done, the injured party cannot then claim again when they come of age.
To learn more about time limits and their exceptions, use the information above to contact our team of advisors.
Evidence That Could Help You When Claiming For Negligence
It’s important that you provide evidence to support your dental negligence claim. You must be able to show that a dental provider breached the duty of care they owed you, leading to harm that wasn’t necessary. For example, you could:
- Request copies of your dental records.
- Ask any witnesses to the negligence (for example, a chaperone in your appointment with you) for their contact details so that a statement can be requested at a later date.
- Keep a diary of your treatment and symptoms.
- Take photographs of any physical harm you sustain, such as teeth that have been removed.
If you’re struggling to gather evidence to support a claim, then you could use the contact details above to discuss this further with our team of advisors. They may be able to put you in touch with one of the solicitors from our panel, who have experience gathering evidence to demonstrate negligence occurred.
How Much Compensation Could You Receive?
After making a successful claim for dental negligence, your compensation could involve up to two separate heads of claim. The first of these is general damages.
This head of claim aims to provide compensation for the pain and suffering a claimant experienced as a result of negligence. Typically, solicitors will refer to the Judicial College Guidelines in order to assess general damages. This document provides guideline figures for different types of harm an individual could experience.
The table below reproduces some of the JCG’s guideline compensation brackets. Please note that these are not guaranteed compensation amounts, and the value of your claim will be determined by individual factors.
| Injury | Compensation | Notes |
|---|---|---|
| Tooth Pain | Up to £38,130 | Significant, chronic tooth pain that extends over a number of years. Accompanied by an overall decline in the general condition of individual's teeth. |
| Damage to Teeth (i) | £8,730 to £11,410 | Serious damage to or loss of several front teeth. |
| Damage to Teeth (ii) | £4,350 to £7,630 | Serious damage to or loss of two front teeth, involving either the middle or milk teeth. |
| Damage to Teeth (iii) | £2,200 to £3,950 | Serious damage to or loss of one front tooth. |
| Damage to Teeth (iv) | £1,090 to £1,710 | Damage to or loss of one back tooth, with award calculated per tooth. |
Claiming For Special Damages
The second head of claim that you could be eligible to receive is called special damages. This aims to reimburse you for any financial losses that you experienced as a result of negligence. This can come in the form of:
- Loss of earnings
- Medical expenses
- Travel expenses related to your medical care, such as hospital parking fees
To receive special damages, you must provide evidence of your losses. This can include receipts, invoices and payslips, for example. Speak to our advisors for a more personalised estimate of the compensation award you may be eligible to claim. If they feel that your claim is valid, they could connect you with a No Win No Fee solicitor from our panel.
Claim For Dental Negligence On A No Win No Fee Basis
If your claim is valid and you wish to proceed, our advisors may put you in touch with one of the solicitors on our panel. These professionals generally work under the terms of a No Win No Fee agreement called a Conditional Fee Agreement (CFA).
When working with a solicitor under the terms of a CFA, you aren’t expected to make payments for the solicitor’s services while your claim is ongoing. What’s more, you typically don’t have to pay for their services in the scenario that your claim is unsuccessful.
On the other hand, if your claim is successful, your solicitor will take a success fee. This is a one-time payment that is legally capped by The Conditional Fee Agreements Order 2013.
If you’d like to discuss this further, you can do so with our team of advisors by using the contact details provided below. During a free consultation, they can provide legal insight about the merits of your potential claim. Contact us by:
- Completing our website’s Contact Us form
- Calling us on 0113 460 1216
- Talking with an advisor in the Live Chat feature below
Learn More About Making A Dental Negligence Claim
You can read more of our claims guide below:
- How Much Could I Claim For A Medical Misdiagnosis?
- What Are Never Events, And How Do I Claim Compensation?
- Deaths From Medication Errors – Can You Claim?
Alternatively, you can use the following links to learn more:
To learn more about making a claim for dental negligence, speak to our team using the details we’ve provided above.
Writer Morgan Filly
Publisher Fern Smith
