Dental Filling Negligence Claims Solicitors in Manchester

You can make a dental filling negligence claim if the filling you had went wrong because the dental professional administering it acted in a negligent manner.

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In simple terms this means that the treatment they provided when filling your tooth fell below the standard you could reasonably expect from a qualified professional.

It’s fairly typical to experience some pain and discomfort after having a filling in a tooth. If this pain and discomfort becomes severe and prolonged, however, it could mean that you are able to make a dental filling negligence claim.

If you think your dental filling may have been performed negligently then contact the team in Manchester at TJL today.

We specialise in handling dental negligence claims of this kind and we’ll explain how the claims process works and support you in claiming any compensation you’re entitled to.

 

How much compensation could I receive for a dental filling negligence claim?

The compensation you could receive for a dental filling negligence claim could range from around £2,000 for damage to one back tooth up to tens of thousands for damage to multiple teeth or a negligent filling which causes an infection or other issues. The part of any compensation payment relating directly to the filling and the impact it has is known as general damages.

General damages are calculated with the help of the Judicial College Guidelines (JCG). This is a specialist publication which sets out payment ranges for specific injuries in parts of the body.

The compensation paid as general damages will also reflect any wider problems caused by the negligent filling such as infection or nerve damage, and the psychological impact of the negligent dental treatment. Once we have a clear idea of the damage done by the negligent filling the team at TJL will be able to estimate the amount of general damages we think you could be entitled to.

In addition to general damages the compensation for a dental filling negligence claim will include special damages, which are paid to cover the financial impact of the negligent treatment. This would include any earnings lost due to the treatment, as well as direct costs such as dental bills, prescription charges and travel to and from necessary medical appointments.

Whether your claim is a relatively simple dental filling negligence claim or something more complex with additional harm being caused we will always work to secure 100% of the compensation we think you are entitled to.

 

Examples in the latest edition which could apply in the case of a dental filling negligence claim include:

  • Serious damage to a back tooth - £1330 to £2080 per tooth
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How is compensation for a dental filling negligence claim calculated?

We will always work to secure 100% of the compensation we think you are entitled to.

 

 

 

The compensation for a dental filling negligence claim is calculated on the basis of how severe the injury caused by the negligent filling is in terms of physical and psychological pain and distress. It will also take into account factors such as the impact on your ability to sleep, eat or talk.

In addition, the compensation will be intended to cover the cost of any further treatment required to deal with the damage caused by the negligent filling, and out of pocket expenses such as travel costs to and from corrective dental appointments. If you lose earnings because the negligent filling forces you to take time off work then this will also form part of any compensation payment.

Once the experts at TJL have a clear idea of the nature and severity of the injury caused by your negligent dental filling they will be able to estimate the compensation payment they think you are likely to receive.

 

What are the symptoms of a negligent filling?

The symptoms which would alert you to the fact that a filling has been placed negligently in some way and has gone wrong include the following:

 

 

  • Pain following the filling being placed which lasts for longer than a few days without lessening or which becomes worse over time
  • The filling itself is loose, falls out of the tooth entirely, or leaves a gap where it hasn’t filled the cavity meant to take it
  • Your bite doesn’t line up correctly following the filling
  • The tooth which has been filled cracks or deteriorates further following the filling
  • Swelling, infection or redness are present around the filled tooth
  • Sharp edges on the filling cause discomfort or irritation

Although some discomfort or even pain is likely after most dental fillings, if the pain doesn’t diminish over time or becomes worse it could be a sign that the filling has been placed negligently. If you’re at all worried about the pain a filling is causing you should seek further dental attention as soon as possible, since any infection setting in could potentially be very serious.

 

What are the symptoms of an infection after dental work?

The main symptoms of an infection after dental work are likely to include the following:

 

 

  • Persistent discomfort and pain in the infected area – some pain is likely after almost all dental treatment, but it should lessen over time as the treated area heals. Pain which doesn’t lessen or gets worse could be a sign of infection, as could pain which spreads to other areas such as the jaw or neck.
  • Swelling and redness in the infected area following dental treatment – some swelling and redness is normal after most dental work, but swelling which doesn’t go down or increases over time could indicate an infection. In the most extreme cases swelling caused by infection could make it difficult to open and close your mouth or even change your facial appearance. If the swelling and redness begin to spread to the surrounding areas you should seek urgent medical attention, as an infection of this kind could cause problems with eating or even breathing.
  • Pus or unusual discharge – one of the clearest indicators of an infection after dental work is the presence of discharge or pus in the treated area. If an abscess forms following treatment, for example, then the bacteria present could cause pus to leak from the wound or collect in the mouth. In many cases the discharge will taste or smell unpleasant. If pus or discharge is present then you should seek further dental treatment immediately to stop the infection spreading.
  • Fever and fatigue – if an infection after dental work starts to spread then you may develop a high temperature, which is a sign that your body is fighting the infection off. You could also develop feelings of fatigue or a general lack of energy.

If symptoms such as these develop, particularly alongside swelling, redness, discomfort or discharge, then you should seek immediate medical attention to stop the infection spreading.

If you develop sepsis after dental work it could potentially be life-threatening. The symptoms of sepsis include low blood pressure, difficulty breathing, high temperature, rapid breathing, rapid heart rate and disorientation or confusion.

 

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What risks are associated with negligent fillings?

The risks which are associated with a filling being performed in a negligent manner include the following:

 

 

  • Injury to the mouth such as nerve damage caused by the negligent use of a drill when preparing the tooth for a filling
  • Tooth decay remaining in place and spreading around or under the filling
  • An abscess developing after the filling had been placed because the site of the filling or the instruments used weren’t correctly sterilised
  • The nerve of the tooth dying following the filling being put in place
  • The tooth fracturing during the filling process or after the filling is in place

Any complication arising after a filling has been placed which happens because the dentists placing it failed in their duty of care to you could form part of a dental filling negligence claim. The pain, distress and injury caused will be taken into account when any compensation payment is being calculated.

 

 

Cyclist wins over £100,000 after insurers offered just £3,000

We acted for Mr G, a man in his 40s, who had a lower wisdom tooth removed at his local hospital in 2022.

Following the procedure, he developed permanent pain and numbness in his lip and chin, due to nerve damage caused during the operation. He also suffered from psychological symptoms.

A claim for damages was made against the hospital and the matter was settled, without court proceedings for £19,000.00.

What is the process of making a dental filling negligence claim?

Being let down by a trusted dental professional and suffering pain and distress as a result is clearly an upsetting experience.

 

 

In the midst of getting over negligence of this kind the thought of taking legal action could seem pretty daunting.

We understand this, and keep things as simple as possible by breaking the claims process down into manageable individual steps:

  1. We start with a free, no obligation consultation when you first contact us. You can explain what happened with your dental filling and we’ll use our expertise and experience to decide whether you are eligible to claim compensation
  2. If we think you are then we’ll start the claims process by taking a more detailed statement from you, describing the treatment you received and the impact it has had in terms of pain, distress and your ability to do things like eat, drink, sleep or talk.
  3. We’ll arrange a medical assessment with an independent dental expert. They will produce a report setting out the full extent of your injuries, the prognosis for recovery and any further treatment you are likely to require.
  4. We’ll bring together the evidence needed to show that your dental filling was negligent. As well as any evidence you are able to bring to us when we start your claim, this will include:
    • Your dental records from before and after the filling
    • Photographic evidence of the filling itself and the surrounding areas
    • Statements from witnesses such as friends and family able to describe your physical and psychological response to the negligent filling
    • Wider medical records, especially if they detail any treatment needed because of the filling, such as painkillers or antibiotics having to be prescribed
    • Details of any expenses directly relating to the filling, such as prescription charges, the cost of further dental treatment, travel expenses to and from any dental appointments needed to fix the failed filling and any earnings lost through time having to be taken off work.
  5. We’ll contact the dentist – either a NHS dentist or a private practitioner – to tell them that you intended to claim compensation and present the evidence for your claim. Most of the dental filling negligence claims we handle are settled at this point, with the other party admitting liability and offering compensation.
  6. We will negotiate to ensure that you get 100% of the compensation you are entitled to. Although we use our dispute resolution expertise to settle claims as quickly as possible we never accept less than the full amount of compensation due.
  7. In a small number of cases it proves impossible to reach an agreement and the case has to be settled in court. If this happens our dental negligence experts will be by your side throughout and will argue your case clearly and forcefully.

Throughout the process we will be on hand to provide one to one support and help you to access any further services needed. We give every client the space and time they need to recover from their negligent treatment while we get on with the task of claiming the compensation they are entitled to.

 

 

 

 

What kind of evidence will I need to support my claim?

The evidence needed to support a dental filling negligence claim will include, but not be limited to, the following:

 

 

  • Your dental records from before and after the filling being placed
  • Your own personal statement describing the treatment you received and how the dental filling negligence has impacted you
  • The results of an assessment from an independent dental expert
  • Photographs of the filling itself and any issues it causes
  • Statements from people such as friends and family able to witness the impact the filling had on you
  • Documentation of any financial impact the dental filling negligence had, such as lost earnings, costs for corrective treatment and further dental bills
  • Wider medical records detailing any treatment needed to deal with the negligent filling, such as painkillers or antibiotics

 

 

 

 

Am I eligible to make a dental filling negligence claim?

In order to be eligible to make a dental filling negligence claim you’ll have to show the following:

  • Your dentist had a duty of care toward you which involved providing a reasonable standard of care when filling your tooth
  • The actions of your dentist or the quality of the filling they put in place fell below this reasonable standard. Examples of this could include using poor materials, not preparing the tooth properly for the filling or placing the filling badly.
  • As a result of this negligent treatment you suffered avoidable and unnecessary harm. In the case of a dental filling negligence claim this harm could include discomfort, pain, or an infection, as well as the psychological impact of negligent dental care.

 

 

Question 1 of 5

Do you think your dental surgeon was negligent?

Dental Infection Claim FAQs

 

Is there a time limit on dental filling negligence claims?

Yes, there is a time limit on dental filling negligence claims. You have 3 years from the date of the filling being applied, or the date on which you realised it had been done negligently, during which you can start a claim.

After the 3 years you can no longer start a claim, with a few exceptions:

  • You were under 18 at the time of the filling. If this is the case then the 3 year limit runs from your 18th birthday to your 21st.
  • You didn’t have the ‘mental capacity’ to make a claim during the initial 3 years. If this is the case then the 3 year limit will start from the day on which you regain the capacity to claim.

Despite the 3 year limit being in place we always recommend starting claims as quickly as possible, while the details of the treatment are still fresh in your mind.

What could cause a failed filling?

A filling could fail because it wasn’t the appropriate choice of treatment in the first place, or was placed poorly in the tooth cavity. It could also fail because the dentist was negligent when drilling the tooth, or failed to remove all of the decay present and fully clean the site before placing the filling.

Is it normal to have a sensitive tooth months after my filling?

No, it is not normal to have a sensitive tooth months after a filling was placed in it. Some discomfort and sensitivity is likely immediately after a filling has been put in place, but any sensitivity which lasts for months or gets worse over time could be a sign that something has gone wrong.

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

Yes, you can make a no win no fee dental filling negligence claim with TJL. We won’t charge anything while we work on your claim, gather evidence and negotiate with the other party.

If your claim is successful we will take a fee. If your claim is unsuccessful then the costs of the other party will be covered by insurance taken out on your behalf.

 

Why should I choose TJL for my dental filling negligence claim?


You should choose TJL for your dental filling negligence claim because we have an impressive track record of winning compensation for clients just like you. Over the past 25 years we’ve won more than £43 million for clients making claims with us, and more than 95% of all the personal injury claims we handle – including dental negligence claims – end in success.

This kind of expertise and experience means there are two things you can rely on when you claim with us. Firstly, we know how to prove negligence in a dental filling claim and secondly, we know exactly what you’re entitled to claim compensation for.

As well as providing expert legal support we treat each of our clients as an individual and not just another case number. We know how distressing it can be to feel you’ve been let down by a trusted professional such as a dentist, and we tailor our service to be as empathetic and supportive as possible.

That means open communication in plain English and not legal jargon, and help accessing any further support you might need. It also means we work on a no win no fee basis, so you can claim any compensation you’re entitled to without having to worry about legal costs or fees.

If you’ve been let down and left in pain or distress after having a tooth filled you don’t simply have to move on. Speak to TJL and if your dentist has been negligent we’ll do everything we can to get the compensation you deserve.

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