Do I Have A Dental Negligence Claim

There’s no one-size-fits-all answer. Whether you have a claim depends on what standard your dentist should have met, and whether their failure caused you harm. This guide helps you work through those questions before you speak to a solicitor.

To speak to someone now about making a no-win-no-fee claim, contact TJL for a free consultation.

When does a dental problem become a negligence claim?

To have a dental negligence claim, you need to show three things: 

1. That your dentist owed you a duty of care
2. That they breached it
3. That the breach caused you harm 

Dental treatment can go wrong even when a dentist has done everything right, because all procedures carry risks. For example, a root canal can become reinfected or fail entirely. A crown might need replacing much sooner than expected. Fillings can result in temporary nerve sensitivity. None of those dental treatment outcomes automatically qualify for a negligence claim.

Your claim depends on the standard of care your dentist provided, not necessarily on whether your outcome was poor. Did your dentist make a mistake that a competent, reasonably skilled dentist in the same situation wouldn’t have made? Extracting the wrong tooth may qualify for a compensation claim, but short-term sensitivity in a filling most likely wouldn’t.

Some cases aren’t as clear-cut, which is why an independent expert assessment and speaking to a solicitor can be vital for your claim. They can review the facts and tell you whether your claim is worth pursuing. 

What does “duty of care” mean?

Every registered dental professional owes their patients what the law calls a “duty of care.”

In plain terms, it means your dentist is legally required to treat you to the standard of a reasonably skilled and competent dental professional. 

And that covers more than just the procedure itself. It includes the advice they give you beforehand, the way they explain your risks, the equipment they use, and the hygiene standards in the practice.

The duty applies to NHS and private dentists alike. It also covers dental hygienists, dental nurses carrying out clinical tasks, and oral surgeons. All of these dental professionals must be registered with and regulated by the General Dental Council.

Did your dentist properly explain the risks?

This is one of the more overlooked areas of dental negligence, but failing to explain risks properly can form the basis of a claim on its own. Your dentist should explain what your treatment involves before the procedure goes ahead. That means the realistic risks, the alternatives, and what happens if you decide not to go ahead. Your dentist must provide enough detail so you can make an informed decision.

Signing a consent form isn’t the same as giving informed consent. A form handed to you to quickly sign in the chair thirty seconds before the treatment starts is not proper consent. A dentist may be liable for harm caused by a procedure (even if it was carried out correctly) if they failed to explain the risks to you.

What counts as a breach of duty?

To have a dental negligence claim, you must prove that your dentist breached their duty to you. A “breach of duty” occurs when the treatment falls below the standard of a reasonably competent dental professional. 

In legal terms, this is assessed using the Bolam test, named after a 1957 court case. In plain terms, it asks: would a responsible group of dentists with the same skills and in the same situation have done what your dentist did? If the answer is no, there may have been a breach of duty.

Some breaches are obvious, such as administering an anaesthetic to a patient with a known allergy. Others involve more judgment. Here are some of the more common types of conduct that can amount to a breach of duty:

• Failing to spot or treat gum disease early enough, leading to avoidable tooth loss
• Carrying out a root canal poorly, leaving infected tissue behind
• Fitting a crown that doesn’t sit correctly and damages adjacent teeth
• Missing the signs of oral cancer at a check-up
• Poor hygiene practices that lead to infection
• Placing implants incorrectly, causing nerve damage or implant failure
• Failing to refer you to a specialist when it was required

A breach of duty on its own isn’t enough to prove that you have a claim. You also need to show that the breach caused you harm.

What is causation, and why does it matter for your dental claim?

Causation is the connection between what your dentist did wrong and the harm you suffered. To have a valid claim, you need to show that the harm would not have happened if the dentist had treated you according to the standard of care.

Sometimes causation is clear-cut. But in many cases, it’s more complicated, particularly where you already had an underlying dental condition that may have contributed to the bad outcome.

Take gum disease as an example. If a dentist failed to diagnose and treat it, and you’ve since lost teeth, you’ll need to show that earlier treatment would have saved them. If the disease had already reached a stage where tooth loss was likely no matter what, your case may be weaker even if the dentist was clearly in the wrong.

This is why a specialist expert report is central to any dental negligence claim. The expert doesn’t just assess whether the treatment was substandard. They can assess what would have happened had it been done properly. That’s what ultimately determines whether you can claim compensation for the harm you’ve experienced.

What if the dental negligence only showed up years later?

Dental negligence doesn’t always make itself known immediately. A poorly placed filling might not cause problems for years. And a missed cancer diagnosis might only come to light when another dentist spots it much later. Nerve damage from an extraction might seem like an expected side effect before it becomes clear it happened due to a dentist’s mistake.

The good news is that the three-year deadline to file a claim doesn’t always start from the date of the original treatment. Under the Limitation Act 1980, the clock starts from the date of knowledge. That is the point at which you knew, or reasonably should have known, that your harm was caused by negligent treatment.

In practice, that means the clock may only start when a second dentist tells you that the previous work was below standard. Or when you receive a diagnosis that links your current condition to dental treatment you had years earlier. Every case is different, and working out the correct date of knowledge often requires legal advice.

If you’re worried that too much time has passed, contact TJL before assuming you’ve missed the deadline to claim. 

What strengthens a dental negligence claim?

Not all claims are equally as easy to prove. These factors tend to strengthen a dental negligence claim:

• Visible and documented harm. X-rays, photographs, and written assessments from a subsequent dentist all help establish what went wrong and when. The clearer the evidence of damage, the better for your claim.
• An obvious error. Some breaches are obvious. This includes removing the wrong tooth, fitting an implant incorrectly, or operating on the wrong area.
• Records and receipts. Notes you made about the treatment and your symptoms or complaints you raised with the practice can all add weight to your claim. As can any receipts for corrective treatment you’ve had to have done.
• A second opinion. A note from another dentist stating that the previous work was below an acceptable standard is one of the most useful pieces of evidence.
• A clear timeline. The closer the harm is to the treatment in time, the easier causation (the link between the treatment and the harm you suffered) is to establish.

What makes a dental negligence claim harder to prove?

These factors don’t always rule a claim out completely, but they can add complexity:

• Pre-existing dental conditions. The other side may argue that your current situation is a continuation of problems that existed before the treatment in question. Your solicitor will need to show clearly what changed as a result of the negligence.
• A long gap between treatment and claim. When years have passed, records may not be available, and the dentist may have retired. This doesn’t bar a claim, but it makes proving negligence tricky.
• Risks you were warned about. If the outcome you experienced was a documented risk of the procedure, and your dentist warned you properly, the claim may become challenging.
• Complex causation. Where the link between the treatment and your injury is unclear, expert evidence becomes particularly important.

Contact TJL Solicitors to find out if you have a claim

The only way to know for certain whether you have a valid dental negligence claim is to have a specialist solicitor look at your case. We can review what happened, tell you whether we think you have a case, and explain what the process of making a claim involves.

Many people put off making that call because they assume their situation isn’t serious enough, or they’re worried about the cost. Let a solicitor make that judgment. Finding out if you qualify costs nothing, and if we take your case on, it’s on a no-win-no-fee basis. This means you pay us only if your claim succeeds and you recover compensation.

TJL has been handling dental negligence claims for over 25 years and wins more than 95% of the cases we take on. Contact us today for a free assessment.

Frequently asked questions

What if I’m not sure exactly when the negligence happened?

This doesn’t necessarily prevent you from claiming. Establishing the relevant date can be complex, particularly where symptoms appeared later, so a solicitor can review your records and advise when the limitation period is likely to have started.

What if more than one dentist was involved in my treatment?

This is more common than you might think, particularly where treatment involved several appointments or practices. Each dentist’s contribution is assessed separately. If more than one fell below an acceptable standard, it may be possible to bring a claim against each of them. TJL can advise on how liability is shared when multiple practitioners were involved.

Can I claim if my treatment was partly NHS and partly private?

Yes, and in some cases, you could claim against both. NHS negligence claims are handled through NHS Resolution, a separate fund. Private claims go through the dentist’s personal indemnity insurer. Where treatment involved both, each element is assessed separately for your claim.

My dentist says what happened was just bad luck. How do I know?

Your dentist isn’t a neutral judge of their own work, and they may try to defend it. Dental negligence is established through an independent expert report, not through the treating dentist’s own assessment of what happened. TJL arranges that report as part of the claims process.