Can I Sue My Dentist? A How-To Guide

In order to be able to claim compensation for negligent treatment you need to be able to show that the treatment you received from your dentist fell below the standard you would reasonably expect from a qualified professional.

Negligent dental treatment can be extremely traumatic, causing pain, trauma and distress, and often requiring further expensive dental treatment to be put right. If this happens to you then you have every right to seek compensation, not merely for the suffering you’ve been through but also to cover any financial impact.

Here at TJL we specialise in dental negligence claims and if you think you have the grounds to sue your dentist for negligent treatment then contact us today. If we think you’re eligible for compensation we’ll talk you through the claims process and get to work on your case.  

What are the grounds on which  I can sue my dentist? 

You can sue your dentist on the grounds that they provided medical treatment without taking a reasonable level of care, and as a result you suffered pain, illness or injury. Examples of negligent treatment that could mean you can sue your dentist include the following:

• Your dentist extracted the wrong tooth
• Your dentist gave the wrong diagnosis for a condition, or failed to diagnose something which they would be expected to notice
• You developed an infection following dental treatment because your dentist failed to take steps to prevent it, such as sterilising all equipment properly
• Your dentist failed to identify and treat an existing infection
• Your dentist failed to take proper care when removing a wisdom tooth and this led to nerve damage, dry socket or damage to adjacent teeth
• Your dentist failed to provide sufficient warning of the severity and persistence of the pain you experienced following dental treatment
• Your dentist failed to provide or advise on sufficient pain relief following your treatment
• Your dentists failed to provide sufficient advice on after-care following treatment, resulting in an infection setting in or treatment failing
• Your dentists failed to spot the symptoms of oral cancer, leading to the illness developing further than it would have done
• Your dentists failed to take proper care while treating you, leading to injury such as nerve damage, gum damage or a fractured jaw
• Your dentist failed to note the presence of gum disease – also known as gingivitis – causing it to become more serious and advanced
• Your dentist was negligent when carrying out a cosmetic procedure such as veneers, a bridge or crowns, leading to psychological and physical distress and expense when you had to have the issues corrected
• Your dentists failed to obtain informed consent for a course of treatment, meaning they failed to explain everything you needed to know about the reasons why the treatment was needed and what the possible risks and side effects were.

In general terms, any of the following could be grounds to sue your dentist if they happen due to negligence:

• Failure to diagnose a problem
• Misdiagnosis of a problem and provision of the wrong treatment
• Delays in delivering the treatment needed
• Treatment delivered incorrectly

Can you sue an NHS dentist?

, as the duty of care owed to you is the same in both cases.

If you successfully sue an NHS dentist then the money paid will come from a separate NHS Resolution fund set aside for this purpose, and not from frontline NHS funding.

What steps should I take if I want to sue my dentist?

If you want to sue your dentists because you think they have been negligent and harmed you in some way then you should take the following steps:

• Seek further dental attention and a second opinion. As well as dealing with the problem caused by dental negligence, prompt attention will create an official record of what has gone wrong.
• You should contact the team at TJL. After a free initial consultation we’ll be able to tell you whether you’ve been treated negligently and have the grounds to sue your dentist.
• Gather as much evidence as you can at this stage, such as photographs of the dental work in question and receipts for any expenses –such as further dental bills – connected to the negligent treatment.

Can I sue my dentists on a no win no fee basis?

Yes, if you come to TJL you can sue your dentist for negligence on a no win no fee basis.

This means that you pay nothing while we handle your case, gather evidence and negotiate on your behalf.

If you win then we’ll take a success fee, but only after you receive any compensation. If you lose the case then the costs of the other party will be covered by insurance taken out on your behalf.

Is there a time limit if I want to sue my dentist?

Yes, there is a time limit of 3 years in UK law if you want to sue your dentist for harm caused by negligent treatment. The 3 years runs from either the date of the treatment itself, or the date on which you became aware of the negligence.

Exceptions to the 3 year limit include:

• You were under 18 when you had the dental treatment in question. If this happens then the 3 year limit is dated from your 18^th birthday.
• You didn’t have the ‘mental capacity’ to make a claim during the 3 year period. If this happens the 3 year period will be dated from the date on which you regain capacity.

Despite the period of 3 years being legally applicable we would always recommend starting the process of suing your dentist as soon after the negligent treatment as possible. The evidence of negligence will still be apparent and your memory of the treatment itself will still be fresh.

What will I be suing my dentist for?

When you sue your dentist on the basis that the treatment they provided was negligent, then you’ll be seeking compensation for the following:

• The physical pain and suffering of the harm, illness or injury their negligence caused
• The emotional distress caused by the negligent dental treatment
• Any earnings lost because the negligent dental treatment caused you to take time off work
• Any impact the negligent dental treatment had on your ability do things like eat, drink, talk or sleep
• Any money you had to spend as a direct result of the negligent treatment, such as further dental costs of the expense of travelling to and from medical appointments

How much compensation could I receive if I successfully sue my dentist?

The amount of compensation you could receive for successfully suing your dentist will range from a few thousand pounds for a relatively simple case with a quick recovery time up to tens of thousands of pounds for injuries which are more serious. In all cases the final compensation payment will be made up of general damages and special damages.

General damages

General damages are an amount intended to reflect the nature and severity of the physical and psychological pain and suffering you have been through as a result of your dentist’s negligence. They will also take into account any impact on your ability to live your life, enjoy social activities and stick to your previous eating and sleeping habits.

General damages will be calculated with the help of the Judicial College Guidelines (JCG), a specialist publication setting out a range of possible payments for specific injuries, including dental injuries. Examples listed in the latest edition which could apply if you sue your dentist 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 are meant to reflect the financial impact of your negligent dental treatment. As well as earnings lost if you have to take time off work, this could include the cost of any further dental treatment required to restore your teeth to full health.

Other expenses covered by special damages include costs which are directly linked to the negligent treatment, such as travel costs to and from necessary medical appointments and any relevant prescription charges. Once we have a clear idea of how you’ve been impacted by your dentist’s negligent treatment we’ll be able to estimate the compensation you could be entitled to, and we’ll work to claim 100% of that amount.

What will I need to prove to sue my dentist?

If you want to successfully sue your dentist you will have to prove the following:

• The dentists owed you a duty of care
• They failed in that duty of care when treating you, meaning the treatment they provided fell below the standards you would reasonably expect from any other professionally qualified dentist
• The failure to deliver a reasonable standard of care caused avoidable and unnecessary harm to you. This could be physical or psychological harm and in the majority of cases will be a combination of both.

What process is involved when I sue my dentist?

We know that opting to sue your dentist after being treated negligently may seem like a daunting prospect, especially when you’re busy recovering from the effects. If you come to TJL to seek compensation we’ll keep things as simple as possible by breaking the process of suing your dentists into a number of individual steps:

1. When you get in touch with us we’ll provide a free, no obligation consultation, at which we’ll be able to decide if you have the grounds to sue your dentist.
2. If we think you have the grounds to sue your dentist for negligence we’ll take a more detailed statement from you, explaining exactly how you were treated and what the impact on you has been.
3. We’ll arrange for an independent dental expert to carry out an examination. They’ll then produce a report setting out the nature and severity of your injuries, their probable cause, the prognosis for recovery, and any treatment you are likely to need as a direct result in the future.
4. We’ll gather the evidence you need to sue your dentist alongside your own statement and the expert dental report. This will include the following:
   • Your dental records from before and after the treatment you feel was negligent
   • Witness statements from people such as friends and family setting out the impact the negligent treatment had on you
   • Wider medical records if they include things such as painkillers and antibiotics required as a result of the negligent dental treatment
   • Documentation relating to any financial impact the negligent treatment has had, such as wage slips, receipts and bank statements
5. We’ll contact your dentist informing them that you intend to sue for compensation and presenting the evidence for negligence. We pride ourselves on our skill at dispute resolution, and most cases are settled at this stage with liability being admitted.
6. If your dentist accepts liability we’ll negotiate for a full and fair compensation payment. Although we pride ourselves on dealing with cases quickly, we never agree to a quick settlement unless we’re totally satisfied that it’s the amount you’re entitled to.
7. In a very small number of cases it proves impossible to negotiate a fair settlement and the case has to be decided in court. If this happens when you sue your dentist the experts at TJL will be by your side throughout, offering support and presenting your case in the strongest possible terms.

How long will it take to sue my dentist?

The simplest cases in which the injuries caused by dental negligence are fairly minor can usually be settled in just a few months. Cases could take 18 months or more if the injuries are more complex or the other party denies liability or refuses to offer fair compensation.

Once we have a clear understanding of your case we’ll be able to estimate how long it is likely to take, and will keep you fully informed if this changes at any time.

Will I have to go to court to sue my dentist?

There’s a very small chance that you’ll have to go to court if you sue your dentist for negligence, as 95% of the cases we handle are settled outside court.

If court is the only way to get a fair settlement, however, then our team will be by your side throughout the case, fighting for the compensation we think you’re entitled to.

Can I claim interim payments?

Yes, if your dentist admits liability but the complexity of your injuries means that it may take some time to agree on compensation then we will apply for interim payments on your behalf. These payments will help with things like dental bills until full compensation is agreed.

Any interim payments will then be deducted from the final compensation amount.

Why should I choose TJL if I sue my dentist?

You should choose TJL if you sue your dentist because of our track record of successfully winning cases of this kind. Out of all the personal injury claims we handle – including dental negligence claims – we are successful 95% of the time, and in the past 25 years we’ve won more than £43 million for our clients.

We achieve numbers like these because we know exactly what needs to be proved to sue your dentist successfully and what you can claim in terms of compensation. We’ll build the strongest possible case and negotiate on your behalf for every penny we think you’re entitled to.

Our legal expertise is backed by a caring and empathetic approach. We’ll treat you as a human being who has been let down badly by a trusted professional, and not just another case number, and that means tailoring the service we offer to provide the kind of one to one support you need at a stressful time.

Throughout the process we’ll communicate clearly in plain English and not legal jargon, and if you need any further support we’ll help you to access it. We do all of this on a no win no fee basis because we think you should be able to sue a negligent dentist on the basis of fairness and not affordability.

If you’ve been let down by a negligent dentist then you have every right to sue them for the compensation that could help with your recovery.

Contact TJL today and we’ll do everything we can to make it happen.