Dental Negligence Claims: The Complete Guide


This guide explains what counts as dental negligence, how to prove it, what compensation you could receive, and how the claims process works. Ready to find out if you have a dental negligence claim? Contact TJL today for a free, no-obligation consultation.

What is dental negligence?

Dental negligence happens when a dentist or other dental professional provides substandard treatment that causes you harm. That harm can be physical, psychological, or financial. In many dental negligence cases, it will be a combination of all three.

To qualify as negligence, the treatment has to fall below the standard set by the General Dental Council (GDC), the UK regulator for dental professionals. The GDC sets out the standards all dentists must meet. A failure to meet those standards is the basis of a dental negligence claim.

Not all bad outcomes from dental treatment amount to negligence. Some dental procedures carry inherent risks. If your dentist warned you about those risks beforehand, a poor outcome alone may not be enough to claim. But if your dentist fell short of the expected standard or failed to warn you of significant risks, you may well have grounds to claim.

What are examples of dental negligence?

Dental negligence can arise from a wide range of treatments and situations. Here are some common dental negligence examples:

  • Wrong tooth extraction: Having a healthy or incorrect tooth removed is one of the most clear-cut examples of dental negligence.
  • Tooth extraction negligence: This covers negligence during the extraction process itself, including nerve damage, dry socket, or damage to adjacent teeth.
  • Failed root canal: A root canal that hasn’t been carried out properly can leave you with ongoing infection, pain, or ultimately cost you the tooth.
  • Dental infection: Infections can be caused by failure to sterilise equipment or failure to identify and treat an existing infection.
  • Undiagnosed oral cancer: Dentists should check for signs of oral cancer at routine appointments; a failure to spot and act on those signs can allow the cancer to worsen.
  • Dental implants: When implants are poorly placed or badly managed, they can fail and cause further damage, often requiring costly corrective treatment.
  • Wisdom teeth negligence: Negligent removal of wisdom teeth can cause lasting nerve damage, dry socket, or compromise adjacent teeth.
  • Jaw fracture claims: A jaw fracture caused by negligent dental treatment is a serious injury that can give you grounds to claim compensation.
  • Dental filling claims: A poorly placed or incorrect filling can cause pain and further damage to the tooth rather than protecting it.
  • Dental crown negligence: A crown that doesn’t fit properly can cause ongoing pain and leave you facing further expensive dental work.

This list isn’t exhaustive. We also handle other dental negligence claims, such as negligent cosmetic dental treatment, failure to diagnose gum disease, and failure to obtain informed consent. If your situation isn’t listed here, get in touch with TJL, and we’ll let you know if you can make a compensation claim. 

What do I need to prove to make a dental negligence claim?

To make a successful dental negligence claim, you need to prove three things:

  1. Your dentist owed you a duty of care: By law, all registered dental professionals owe their patients a duty of care.
  2. They breached that duty: Breaching duty means the treatment they delivered fell below the standard expected from a competent dentist in the same situation.
  3. The breach caused you harm: The substandard treatment caused physical injury, psychological harm, or financial loss that you wouldn’t otherwise have suffered.

Whether the treatment fell below an acceptable standard is typically assessed by comparing it to what responsible dental practitioners would have done in the same circumstances. This is known as the Bolam test. It’s the cornerstone of how dental negligence cases are evaluated.

In practice, this means that if you work with us, TJL arranges for an independent dental expert to review your case. Their report will explain whether the treatment you received fell below the acceptable standard and what failures this caused.

Can I claim against an NHS dentist?

Yes. The grounds for a dental negligence claim are the same whether your treatment was carried out by an NHS dentist or a private one. The duty of care owed to you as a patient doesn’t change.

If your NHS dental negligence claim is successful, the compensation will come from NHS Resolution, a separate fund set aside for this purpose. It does not come from frontline NHS funding or affect the care available to other patients.

How much dental negligence compensation could I receive?

No two dental claims are the same. The compensation you could receive will depend on the nature and severity of your injuries and the financial losses you’ve incurred. Compensation in dental negligence cases is made up of two elements:

General damages 

General damages compensate for the pain, suffering, and impact on your quality of life caused by the negligent treatment. This includes the physical and psychological effects of the negligence, such as anxiety about returning to the dentist or embarrassment about the appearance of your teeth. It can also cover any changes to function, such as eating or speaking.

General damages are calculated with reference to the Judicial College Guidelines (JCG), which sets out compensation ranges for specific types of injury. TJL’s dental negligence solicitors use the JCG to estimate what your claim could be worth. Examples of figures include:

  • Loss of two front teeth: £5,310 to £9,310
  • Loss or serious damage to several front teeth: £10,660 to £13,930
  • Serious jaw fracture: £21,920 to £37,210

Special damages 

Special damages cover the financial losses you experienced due to the negligence. These typically entail:

  • The cost of corrective dental treatment to put right what went wrong
  • Earnings lost because of time taken off work
  • Travel costs to and from dental and medical appointments
  • Prescription charges and the cost of any other treatment required as a result

In total, dental negligence settlements can range from a few thousand pounds for more minor injuries to well over £50,000 in serious cases. TJL has recovered more than £43 million for clients over 25 years, including over £40,000 for a client who suffered negligent bridge work and over £100,000 for a client who had negligent implant work.

How long does a dental negligence claim take?

The time it takes to settle a dental negligence claim depends on the complexity of the case and whether the other party admits liability. Straightforward cases, where the negligence is clear, can settle in as little as six months. More complex cases can take 18 months or more. A small number of cases go to court, where the process can take even longer.

If your dentist admits liability but a final settlement is taking time to agree, we can apply for interim payments on your behalf to help cover expenses such as dental bills and lost earnings in the meantime. Our solicitors can also give you a realistic estimate of how long your claim may take once we have a clear picture of the case.

How long do I have to make a dental negligence claim?

You generally have three years to start a dental negligence claim from the date of the treatment, or from when you should have first realised something had gone wrong. This time limit is set by the Limitation Act 1980.

There are some exceptions to the three-year limit:

  • Children: If you were under 18 when the negligent treatment took place, the three-year period runs from your 18th birthday, giving you until your 21st birthday to start a claim.
  • Lack of mental capacity: If you lacked mental capacity during the three-year period, the clock starts from the date you regained it.

The dental negligence time limit can catch people out, so we always recommend getting in touch as soon as possible. Evidence is easier to gather when memories are fresh, and the effects of the negligence are still visible and obvious.

What is the dental negligence claims process?

The dental negligence claims process can feel daunting, but at TJL we keep it as straightforward as possible. Here’s what to expect:

  • Free initial consultation: Contact us for a complimentary consultation, and we’ll assess whether you have grounds to claim.
  • Detailed statement: We can take a full account of the treatment you received and the impact it’s had on you.
  • Independent dental expert report: A qualified dental expert will examine you and report on your injuries, their cause, and any future treatment needed.
  • Evidence gathering: Our legal team can collect your dental records, medical records, witness statements, and financial documentation.
  • Letter of claim: Your solicitor will formally notify the other party and present the evidence of dental negligence.
  • Negotiation: Most dental negligence claims settle through negotiation. 
  • Court proceedings: In a small number of cases where a fair settlement can’t be reached, the case will go to trial.

Will I have to go to court?

It’s unlikely. Most of the dental negligence cases TJL handles are settled without ever going to court. We pride ourselves on building strong cases and negotiating effectively, which means a majority of cases are resolved once the other party sees the evidence against them.

Going to court can feel daunting, but it’s the right move when a fair settlement can’t be reached any other way. If your case gets to that stage, we’ll prepare you fully for what to expect.

Can I make a no-win-no-fee dental negligence claim?

Yes. All dental negligence claims at TJL are handled on a no-win-no-fee basis. That means:

  • You pay nothing upfront while we build your case and negotiate on your behalf.
  • You pay nothing at all if your claim is unsuccessful.
  • If you win, we take a success fee.

We believe that access to justice shouldn’t depend on how much money our clients have. If a negligent dentist has let you down, you have the right to claim compensation. With TJL, you can do that without worrying about costs.

Why choose TJL for your dental negligence claim?

When you’ve been let down by a dentist, the last thing you want is to feel like just a case number. At TJL, we understand how painful and distressing negligent dental treatment can be. We can take the legal process off your shoulders so you can focus on healing.

TJL has been handling dental negligence claims since 2000. In that time, we’ve won more than £43 million for over 10,000 clients. Everything is done in-house, and you’ll deal directly with our solicitors from start to finish.

We never accept a settlement we don’t think reflects the full extent of your claim. And we do all of this on a no-win-no-fee basis, because being let down by a dentist shouldn’t leave you out of pocket. If you’ve received negligent dental treatment, contact TJL today to start your claim.

Frequently asked questions

Can I claim against a dentist who has retired?

Yes. All dentists registered with the General Dental Council must have appropriate indemnity insurance in place. A dentist who has since retired is still responsible for the treatment they carried out, and you can still claim against them.

Can I claim for negligent cosmetic dental treatment?

Yes, provided the treatment fell below an acceptable clinical standard and caused you harm. Cosmetic treatments such as veneers, crowns, and bridges are subject to the same duty of care as any other dental treatment. If the results caused physical damage or required expensive corrective work, you may have grounds to claim.

Can a child make a dental negligence claim?

Yes. A parent or guardian can bring a claim on behalf of a child as their litigation friend. If no claim is made before the child’s 18th birthday, they have a further three years from that date, until their 21st birthday, to start a claim themselves.

What if I’ve already complained to the dental practice?

Making a formal complaint to the practice or to the NHS doesn’t affect your right to make a legal claim for compensation. In fact, the outcome of a complaint can sometimes provide useful evidence. But complaining is not a requirement. You can pursue a claim and come straight to TJL without having gone through a complaints process first.

 

September 28, 2026