Claim for Dental Negligence: What You Need to Know

If you are considering a claim for dental negligence, it is important to understand that not every unsuccessful dental treatment amounts to negligence. Dentistry involves inherent risks, and complications can occur even when treatment is carried out correctly.

However, where substandard care has caused avoidable harm, you may be entitled to claim compensation.

What Is a Claim for Dental Negligence?

A claim for dental negligence arises when a dentist or dental professional provides treatment that falls below acceptable standards, resulting in harm that could have been avoided.

To succeed in a dental negligence claim, three legal elements must be established:

1. Duty of care

The dental professional owed you a duty of care. This is usually straightforward once a treatment relationship is established.

2. Breach of duty
The treatment provided fell below the standard expected of a reasonably competent dentist in similar circumstances.

3. Causation

The breach directly caused the harm suffered, rather than the outcome being due to a pre-existing condition or an unavoidable risk.

Causation is often the most difficult element to prove. For instance, a root canal reinfection may result from poor technique – or from the natural complexity of the tooth’s anatomy. Determining the cause typically requires independent expert evidence.

Example:
A filling that fails within a year is not automatically negligent. However, it may be if there is evidence that decay was not fully removed, isolation was inadequate, or reported symptoms were dismissed without proper investigation.

When Can You Make a Claim for Dental Negligence?

You may be able to make a claim for dental negligence if you have experienced:

• Failed or poorly performed root canal treatment
• Incorrect or poorly fitted dental implants
• Nerve damage following dental procedures
• Misdiagnosis or delayed diagnosis of dental conditions
• Poorly carried out cosmetic dentistry
• Failure to obtain informed consent before treatment

Not every complication will justify a claim — the key question is whether the outcome was caused by substandard care.

What Evidence Supports a Claim for Dental Negligence?

You are not expected to prove negligence yourself — this is your solicitor’s role, supported by independent expert evidence. However, the information you already hold, or can obtain early, can significantly strengthen your case.

Your dental records

Dental records form the foundation of any claim. Under UK data protection law, you are entitled to request them from your dentist or practice, and they must be provided within one month. While your solicitor will also obtain them formally, requesting them early can help you understand what treatment was carried out and identify any inconsistencies.

Relevant records typically include:

• Clinical notes and treatment history
• X-rays, CT scans, and other imaging
• Treatment plans and consent forms
• Referral letters — or absence of referrals where appropriate
• Laboratory prescriptions (e.g. crowns, bridges, dentures, orthodontics)
• Follow-up notes, particularly where symptoms persisted

Important:

If records appear incomplete — for example, missing appointments or absent X-rays — raise this immediately with your solicitor. Gaps in records may themselves be significant.

Evidence you can gather yourself

You can also support your claim with:

• Photographs of visible issues (e.g. swelling, bruising, gum damage) taken promptly and dated
• A symptom diary tracking pain, medication, and daily impact
• Correspondence with the dental practice
• Financial records (treatment costs, travel, prescriptions, lost earnings)
• Private reports or quotes from another dentist
• Witness statements from those who observed your condition or attended appointments with you

Can You Claim for Dental Negligence If You Signed a Consent Form?

Yes. Signing a consent form does not prevent you from bringing a claim.

For consent to be legally valid, it must be informed. This requires that the dentist:

• Clearly explained the proposed treatment
• Disclosed all material risks a reasonable patient would want to know
• Outlined alternatives, including no treatment
• Allowed sufficient time for consideration and questions

A generic form signed immediately before treatment — particularly without meaningful discussion — may not meet this standard.

The Montgomery standard

Following the Supreme Court decision in Montgomery v Lanarkshire Health Board (2015), the legal test focuses on what a reasonable patient would want to know, rather than what a clinician chooses to disclose.

This is especially relevant in procedures such as implants, orthodontics, or root canal treatment, where risks like nerve damage or long-term complications should be clearly explained.

If a risk was not disclosed and later occurred and you would have made a different decision if informed this may form part of your claim, even if the procedure itself was carried out competently.

What If You Are Still Receiving Treatment?

If you are currently undergoing treatment and are concerned about negligence, careful handling is essential.

Continuing with the same dentist

In many cases, seeking an independent opinion before continuing is advisable. This provides:

• An objective assessment of the treatment so far
• Clarity on whether anything has gone wrong

Continuing with the same dentist, particularly after raising concerns, can complicate the evidence.

However, stopping treatment abruptly may not be safe in time-sensitive situations (e.g. orthodontics, infections, implants). Legal advice is important before making changes.

Preserving evidence

In some cases, it may be important for an independent expert to assess the current condition before corrective work is carried out. Once repairs are made, evidence of the original issue may be harder to establish.

Urgent treatment

Your health must take priority. Necessary corrective treatment should not be delayed. Claims can still proceed using records, photographs, and expert opinion, even if remedial work has already been completed.

The Role of the Independent Dental Expert

Independent expert evidence is central to most dental negligence claims. Without it, a claim is unlikely to succeed.

Who is the expert?

The expert is an independent dental professional with relevant specialist expertise (e.g. oral surgery, periodontics, endodontics). They must have no involvement in your treatment or connection to the defendant.

What do they assess?

The expert provides a report addressing:

• Whether the treatment fell below acceptable standards
• What a competent dentist would have done differently
• Whether the harm was caused by negligence or other factors
• What corrective treatment is required and its likely cost
• Long-term prognosis
• Whether material risks should have been disclosed (in consent cases)

The defendant will usually obtain their own expert report. If opinions differ, the experts may meet to produce a joint statement identifying agreed and disputed issues.

The Pre-Action Protocol: Steps Before Court Proceedings

Most dental negligence claims are resolved without going to court. Before proceedings begin, both parties follow the Pre-Action Protocol for the Resolution of Clinical Disputes.

1. Initial investigation
Your solicitor obtains records, commissions expert evidence, and assesses the claim. This can take several months.
2. Letter of Notification (optional)
An early indication that a claim is being considered. This may encourage early investigation by the defendant.
3. Letter of Claim
A formal outline of the allegations and harm suffered. The defendant has four months to respond.
4. Letter of Response
The defendant admits or denies liability. If admitted, settlement discussions begin. If denied, further evidence is exchanged.
5. Negotiation and settlement
Most cases settle at this stage through negotiation or mediation. Court proceedings are relatively uncommon.

What If Liability Is Disputed?

A denial of liability is common and does not mean the claim will fail.

Typically, the process continues with:

• Exchange of expert reports
• A joint experts’ meeting to narrow disputes
• Further negotiation based on clarified issues
• Court proceedings if settlement cannot be reached

Many claims initially denied are later resolved once expert evidence is fully considered.

Time Limits for Dental Negligence Claims

In most cases, you must begin a claim within three years of:

• The date of the negligent treatment, or
• The date you became aware (or should reasonably have become aware) of the negligence

This “date of knowledge” is particularly important in dentistry, where issues often emerge later – for example:

• A second opinion reveals errors
• An implant or crown fails prematurely
• Infection persists or worsens
• Nerve damage symptoms continue longer than expected

Different rules apply for children and those lacking mental capacity.

How Much Compensation Could You Receive?

Compensation covers:

• General damages – for pain, suffering, and loss of amenity
• Special damages – financial losses such as treatment costs, lost earnings, and travel

Future treatment and long-term care costs may also be included where relevant.

The figures typically referenced come from the Judicial College Guidelines and relate to general damages only.

The guidelines give different brackets of compensation to be awarded based upon the severity of the injury – the more severe the injury – dental or not – is worth more money.

• Loss of or damage to a back tooth is worth £1330 to £2080.
• Loss of or serious damage to one front tooth is worth between. £2,690 to £4,820.
• Loss of or serious damage to two front teeth is worth between £5,310 and £9,310.
• Loss of or serious damage to several front teeth is worth £10,660 to £13,930
• Significant chronic tooth pain for a number of years  together with significant deterioration in the overall condition of the tooth can be worth in the region of £46,540.

This is for the pain and suffering element alone.

It is important to remember that each dental case is different and each dental claim will be valued upon its own merits.

Important:
These figures are indicative and not guarantees. The value of any claim depends on its specific facts. Special damages are assessed separately and can significantly increase the overall award.

Funding Your Claim: No Win, No Fee

Most claims at Aston Knight Solicitors are funded through a Conditional Fee Agreement:

• No upfront legal costs
• No legal fees if the claim is unsuccessful
• If successful, a legally capped success fee is deducted from compensation

The funding arrangement should always be clearly explained at the outset so you understand what you will receive if your claim succeeds.