By Jo Anderson. Last Updated 21st December 2023. 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:
Select A Section:
- The Criteria For Making A Dental Negligence Claim
- Examples Of Dental Negligence
- What Evidence Can Help Me Prove A Dental Negligence Claim?
- How Much Compensation For Dental Negligence? Payouts And Examples
- Make A Claim With Our No Win No Fee Dental Negligence Solicitors
- Useful Links On Dental Negligence Compensation Claims
All medical professionals, including dentists, owe their patients a duty of care when treating them. Per this duty, they must provide the minimum standard of care. 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.
- You were owed a duty of care by a dentist.
- They breached their duty of care.
- Due to this breach, you suffered unnecessary 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.
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.
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.
You may be wondering, ‘What is the average payout for dental negligence claims?’ Since compensation is awarded on a case-by-case basis, it may be more beneficial for you to know how compensation is calculated.
Following a successful claim, you could be awarded two heads of loss. The first, general damages, compensates you for the unnecessary harm you suffered because your dentist did not uphold their duty of care.
Those valuing this head of loss for dental negligence claims could look at the Judicial College Guidelines (JCG) for guidance. The JCG provides guideline payout brackets for various types of harm. You can see some figures from the 16th edition of the JCG in the table below. However, this is only to be used as guidance.
|Nature and severity of injury
|Multiple severe injuries causing serious financial losses.
|A combination of severe oral injuries leading to costs such as medical expenses and loss of income.
|Up to £100,000+
|Fractures of Jaws (i)
|Multiple fractures in the jaw that will cause severe pain and require prolonged treatment.
|£30,490 to £45,540
|Fractures of Jaws (ii)
|Serious fractures that make it difficult to open the mouth or eat.
|£17,960 to £30,490
|Chronic tooth pain that is significant and last for a few years, potentially due to an untreated abscess.
|Up to £38,130
|Tooth Damage (i)
|Several of the front teeth have been seriously damaged or lost.
|£8,730 to £11,410
|Tooth Damage (ii)
|Serious damage or loss of 2 front teeth.
|£4,350 to £7,630
|Tooth Damage (iii)
|Serious damage or loss of 1 front tooth.
|£2,200 to £3,950
|Tooth Damage (iv)
|Damage or loss of back teeth. The amount awarded will relate to per tooth.
|£1,090 to £1,710
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.
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:
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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.