Poor dental treatment that leaves you in pain or facing further costly procedures may give you the right to claim compensation. Making that claim can feel daunting, but you don’t have to go through it on your own.
This guide walks you through the process from start to finish, so you know what to expect at each stage. To find out whether you have grounds for a claim, contact TJL today for a free, no-obligation consultation.
Your first step is getting the problem looked at by another dental professional as soon as possible. A second opinion from another dentist is important for two reasons. First, it protects your health. Second, it creates a record of what has gone wrong and when, which can be valuable evidence if you decide to make a compensation claim later. Ask your new dentist to document what they find in as much detail as possible.
Getting a second opinion fast is particularly important in cases like undiagnosed oral cancer, where early documentation of what a second dentist found can be vital for your health and claim.
Understanding whether you may have grounds to claim is a useful first step before contacting a solicitor. To make a successful dental negligence claim, you need to show three things:
Not every bad outcome from dental treatment is negligence. Even a failed root canal or a filling that causes further problems doesn’t necessarily give you grounds to claim.
The question is whether your dentist met the expected standard of dental care and warned you properly of what could go wrong. If they didn’t, and you suffered harm, you may be able to make a compensation claim. TJL can assess your case for free and tell you whether we think you have a case.
The stronger your evidence, the stronger your claim. Gather as much evidence as you can before you instruct a solicitor. Your solicitor can help with collecting evidence too, but the more you can pull together early on, the better.
Useful evidence includes:
You have the right to request your dental records from your practice. Under the UK General Data Protection Regulation, your dentist is required to provide them, usually within one month of your request.
No. You don’t have to make a complaint to the dental practice, the NHS, or the General Dental Council before starting a legal claim. You can make a compensation claim independently of any complaints procedure.
That said, filing a complaint can be useful. An acknowledgment from the practice of what went wrong may strengthen your claim. And a complaint to the NHS can help establish the facts of what happened. It may also produce useful documentation to support your legal claim.
Dental negligence claims are complex. They involve medical evidence and legal procedures that have to be followed correctly to give you the best chance of recovering compensation.
Getting legal advice early gives you the best possible start. Your solicitor will take a detailed statement from you covering the treatment you received, what you were told to expect, what happened, and how it has affected your life. Your solicitor will then advise you on the strength of your case and what the next steps look like.
TJL offers a free initial assessment with no obligation to proceed. All claims are handled on a no-win-no-fee basis, so there are no upfront costs and nothing to pay if your claim is unsuccessful.
This is one of the most important stages of the dental negligence claims process. Your solicitor will formally request your full clinical records and X-rays from the practice before passing them to the independent expert. The independent dental expert then examines you and reviews your records. Their report will show:
When a dental negligence claim is assessed, the law applies what’s called the “Bolam test.” The main question is: would a competent dentist have done the same thing in the same situation? If the answer is no, you may have a claim. An independent expert’s report is crucial for establishing your right to claim compensation.
Working with an experienced dental negligence solicitor can make a real difference. TJL has handled these cases for decades and has established relationships with expert witnesses across relevant dental specialities. For more complex cases such as jaw fracture claims, this means access to specialists in oral and maxillofacial surgery.
With all the evidence in place, your solicitor will send a formal letter of claim to the dentist or other party legally responsible for your treatment. Where NHS or private treatment was provided in a dental surgery by a self-employed dentist, the claim will normally be handled through the dentist’s own professional indemnity or insurance arrangements.
NHS Resolution is only involved where the treatment was carried out in a hospital by a dentist employed by an NHS trust. The letter sets out the alleged negligence, the supporting evidence, the harm you have suffered and an estimate of the compensation sought. The defendant is then given four months to investigate the claim and provide a formal response stating whether liability is admitted or denied.
It’s common and expected for the defendant to deny liability initially. This doesn’t mean your claim is over. Your solicitor will review their response and advise you on how to proceed.
In most cases, negotiations continue, with both sides exchanging evidence and expert reports.
Once both sides have a clear picture of the evidence, many cases that started with a denial eventually settle. Dental negligence claims are often resolved through negotiation before they ever reach a courtroom.
When your dentist finally admits or accepts liability, negotiations will begin on the amount of compensation. Dental negligence compensation has two components:
General damages cover the pain and what you’ve had to endure physically and emotionally. Special damages account for your financial losses, such as requiring corrective dental work, having to take time off work, and the cost of getting to and from appointments.
Where liability has been admitted, but the final amount is still under negotiation, we can apply for interim payments on your behalf. These help cover your immediate costs such as dental bills while the full settlement is agreed.
TJL won’t accept a settlement we don’t think reflects the full extent of your claim. We will advise you on any offer made and give you a clear view of whether it’s fair.
In some cases, it proves impossible to reach a fair settlement through negotiation alone. This means the claim may proceed to court and trial. Trial is always a last resort, but may be necessary when negotiations fail to produce fair compensation.
Your solicitor will support you throughout should your case go to court. They’ll prepare you fully for what to expect and argue for the full compensation you’re entitled to.
Settlement timelines vary depending on the specific claim. The two biggest factors are how complex the case is and whether the defendant accepts liability. Simpler cases can be resolved within six months. But where liability is contested, or injuries are serious, expect the process to take considerably longer. Cases that go to court may take longer still.
Once your solicitor understands your case fully, they can give you an estimate of what to expect in terms of timing.
You generally have three years to start your claim. The dental negligence time limit is set by the Limitation Act 1980, and the three years run from either:
Or
There are some exceptions to the three-year deadline. For those under 18 at the time of the treatment, the three years run from their 18th birthday. This gives them until their 21st birthday to claim. For those who lacked mental capacity during the three-year period, the clock starts from the date they regained it.
Three years sounds like plenty of time, but acting early can strengthen your claim. The sooner you act, the easier it is to gather evidence and build a strong case.
Technically, you don’t need a solicitor to make a compensation claim. But it isn’t advisable to go it alone. Dental negligence claims require independent expert evidence, knowledge of the legal protocol, and the ability to assess whether any settlement offer is fair. Without specialist legal support, you risk accepting less than you’re owed, or losing your claim (no matter how strong it is) on a procedural point.
TJL Solicitors wins more than 95% of the cases we take on, a record built on over 25 years of handling claims. When you instruct us, your case is handled personally by our solicitors from beginning to end.
When you’re dealing with the aftermath of negligent dental treatment, you need a solicitor you can trust to handle your claim properly. We understand that bad dental treatment doesn’t just cause physical pain but can knock your confidence and even affect how you eat and speak. Making a claim on top of everything else can feel like one thing too many. We’re here to manage every aspect of your case while you focus on your recovery.
If a dentist has let you down, contact TJL for a free assessment today to find out whether you have a claim.
No. You can make a legal claim without reporting your dentist to the General Dental Council. Reporting to the GDC is a separate process that deals with professional conduct rather than compensation. You can do both, but one is not a prerequisite for the other.
Yes. All registered dental professionals are required to hold indemnity insurance. A dentist who has moved or retired remains responsible for the treatment they carried out, and you can still claim against them.
You don’t have to pay anything upfront to make a claim. TJL handles all dental negligence claims on a no-win-no-fee basis, which means there are no upfront costs and nothing to pay if your claim is unsuccessful. If your claim succeeds, a success fee is payable.
Contact a dental negligence solicitor to assess your case and legal options. Many offer free case reviews. At TJL, we can review your case and tell you honestly whether we think you have grounds to claim. This is entirely free, and there is no obligation to proceed with a claim.
You don’t have to accept it. Your solicitor will advise you on whether any offer reflects the full extent of your injuries and losses. At TJL, we never recommend accepting a settlement we don’t think is fair. If the offer is too low, we’ll continue negotiating or, if necessary, pursue the claim through court.
September 2, 2026
TJL Solicitors LLP is a limited liability partnership registered in England and Wales (registered number: OC367616) and is authorised and regulated by the Solicitors Regulation Authority (SRA Number: 564906). Registered office: Washbrook House, Lancastrian Office Centre, Talbot Road, Manchester, England, M32 0FP. A list of our partners can be found here. We use the word partner to refer to a member of the LLP.
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