Dental Negligence Compensation Claims And Payouts

By Jo Anderson. Last Updated 30th December 2024. Welcome to our guide to dental negligence compensation claims, in which we discuss why using a dental negligence claim calculator may not be useful for your claim for dental negligence.

We also discuss what compensation for dental negligence could include, as well as give you information on dental negligence cases that could lead to claims. We explain what damage a negligent dentist could cause, and when you could claim for dental negligence that has harmed you.

If a patient is injured, made ill or has their existing dental condition worsened due to the way care is provided, they have a legal right to claim compensation. If you have suffered an injury or had an existing injury or condition worsened because of a dental procedure that went wrong,

don’t miss your opportunity to claim any compensation that you are entitled to. Trust Accident Claims UK to handle your claim. Wherever you live in the country, you can trust us to provide you with the best solicitor to handle your claim.

Our advisors can answer your questions about what isn’t included in a dental negligence claim calculator. To contact us about your dental negligence claim:

dentists operating on a patient

Select A Section:

  1. The Criteria For Making A Dental Negligence Claim
  2. Examples Of Dental Negligence
  3. What Evidence Can Help Me Prove A Dental Negligence Claim?
  4. How Much Compensation For Dental Negligence? Payouts And Examples
  5. Make A Claim With Our No Win No Fee Dental Negligence Solicitors
  6. Useful Links On Dental Negligence Compensation Claims

The Criteria For Making A Dental Negligence Claim

Dentists, like other healthcare professionals, have a duty of care to those they are providing treatment to. What this means is that all dental care that is administered must meet the correct standard. Should the treatment they provide fall below this standard, this could cause you to suffer harm that could have been avoided.

In order to be eligible to make a dental negligence compensation claim, the following criteria will need to be met.

  1. You were owed a duty of care by a dentist.
  2. They breached their duty of care.
  3. Due to this breach, you suffered avoidable harm.

Continue reading this guide to learn more about how to sue a dentist for your dental injuries. Additionally, you can also contact our advisors if you have any questions regarding dental negligence payouts in the UK or would like to discuss your own case.

Examples Of Dental Negligence

Some examples of when you could be eligible to make a dental negligence compensation claim include:

  • Missed diagnosis – If there are clear signs of a recognisable condition, and your dentist fails to spot them, they may miss a diagnosis that they should have made. For example, if a dentist fails to spot the signs of oral cancer, this could lead to the condition progressing further than it should have.
  • Wrong tooth extraction – If your dentist removes a healthy tooth because they made a mistake with identifying the correct tooth, this could lead to further loss of teeth, as you may still have to have the other one removed. Corrective treatment may be needed to replace the healthy tooth.
  • Cosmetic dentistry negligence – People sometimes obtain treatment for cosmetic reasons. If your cosmetic dentist makes a mistake when using tooth whitening products, such as leaving whitener on for too long, or when fixing your teeth, this could lead to you having to have corrective surgery.
  • Nerve damage – If your dentist is not careful when removing teeth or providing other dental treatments, such as root canal treatment, they may cause avoidable nerve damage. This may impact not only your mouth but the nerves in your face too.

Contact our advisors today to check the eligibility of your case. They can also help answer any questions you may have about how to sue a dentist and dental negligence payouts in the UK.

Is There A Time Limit For Suing A Dentist?

It is important that you start your claim before the time limit runs out. Typically, the limitation period for medical negligence claims, such as when suing a dentist for negligence, is three years from the date that the harm was caused. However, it could also be three years from the date you became aware of the negligence, as per the Limitation Act 1980.

But, if you have experienced medical negligence from a dentist, there are exceptions to the limitation period. For example, if a claimant was a child, they would have three years from their 18th birthday to begin a claim. Before this date, the time limit is suspended.

If a claimant lacks the mental capacity to pursue a claim themselves, the time limit is suspended indefinitely. The limitation period would only begin again if the claimant regains capacity.

A litigation friend can pursue a claim for a child or someone who lacks the mental capacity at any point during the frozen time limit period.

If you are thinking about suing a dentist after suffering harm due to medical negligence, but you are unsure whether you are within the timeframe to start a claim, speak to our advisors for free advice. They can also discuss dental negligence payouts in the UK.

What Evidence Can Help Me Prove A Dental Negligence Claim?

Collecting evidence is an important aspect of pursuing a claim for dental compensation. The following are some steps that you can take to gather evidence for your case against a dentist for negligence:

  • Obtain a copy of your complete medical records from your dentist and any other healthcare providers involved in your treatment. These records could include notes from consultations, treatment plans, X-rays, and other diagnostic tests.
  • Keep a record of any expenses you have incurred as a result of medical negligence, such as the cost of travel to appointments, the cost of prescription drugs, and the cost of any additional dental treatments.
  • Keep a diary of your symptoms and the treatment you received.

If you’re unsure about what evidence to collect or how to collect it, consider calling our advisors. They could help give you free legal advice over the phone. If you are eligible to do so, they could connect you with a solicitor to help you further.

A dental x-ray showing damaged teeth

How Much Compensation For Dental Negligence? Payouts And Examples

There are two heads of loss relevant to dental negligence compensation claims, general and special damages. These compensate for physical and psychological harm, and financial losses respectively. We’ll look at special damages in more detail below. 

Those tasked with calculating a possible compensation figure for general damages can use your medical evidence alongside the Judicial College Guidelines (JCG). The JCG publication contains guideline award brackets for various injuries.

We have used the brackets for teeth damage and other facial injuries in our table here. Please be advised that due to every claim being assessed individually, there is no average payout for dental negligence as such and this information is intended to act as guidance only.

Compensation Table

We would also like to stress that the top entry in this table is not a JCG bracket.

Nature and severity of injuryNotesGuideline Compensation Amount
Multiple very severe injuries causing serious financial losses.The injured person will have sustained multiple very severe injuries and incurred significant financial losses such as lost income, medical bills and transport expenses.Up to £150,000+
Fractures of Jaws (i)Multiple fractures in the jaw that will cause severe pain and require prolonged treatment.£37,210 to £55,570
Fractures of Jaws (ii)Serious fractures that make it difficult to open the mouth or eat.£21,920 to £37,210
Tooth DamageChronic tooth pain that is significant and last for a few years, potentially due to an untreated abscess.Up to £38,130
Tooth Damage Several of the front teeth have been seriously damaged or lost.Up to £46,540
Tooth Damage (i)Loss of, or serious damage to several front teeth.£10,660 to £13,930
Tooth Damage (ii)Serious damage or loss of 2 front teeth.£5,310 to £9,310
Tooth Damage (iii)Serious damage or loss of 1 front tooth.£2,690 to £4,820
Tooth Damage (iv)Damage or loss of back teeth. The amount awarded will relate to per tooth.£1,330 to £2,080

Special Damages

Special damages compensate you for costs and losses incurred due to the dental negligence. This head of loss could include the following:

  • Travel costs – If you needed to pay for transport to medical appointments, for example.
  • Medical expenses – Such as having to pay for further dental treatment.
  • Loss of income- You might have lost out on income because you’ve had to have time off due to the negligence you experienced.

You will need to provide evidence of these losses, such as with invoices or bank statements.

To receive a free valuation for your dental negligence claim, you can contact our advisory team.

Make A Claim With Our No Win No Fee Dental Negligence Solicitors

If you are considering suing a dentist, you could do so with the support of a No Win No Fee solicitor. Your dental negligence solicitor could fund their work under a No Win No Fee arrangement called a Conditional Fee Agreement (CFA).

When you sue a negligent dentist with the support of a No Win No Fee solicitor, you typically will not be asked to cover your solicitor’s fees or ongoing costs. Success fees are taken from dental negligence payouts in successful claims. The success fee is capped by the law. If your dental negligence claim is not successful, you usually won’t be asked to pay for your solicitor’s services.

Our advisors can answer your questions about if a dental negligence claim calculator could help you. If it seems like your claim for negligent dentist compensation is strong, you could be connected to our solicitors. To contact us:

A solicitor and their client at a desk with a set of justice scales and gavel hammer discussing dental negligence compensation claims

Useful Links Based On Dental Negligence Compensation Claims:

If you have any further queries about dental negligence payouts, claims, or how to claim compensation, simply contact us for free at the number above.