Have you suffered nerve damage due to the negligent actions of a dentist? If you have, this could have caused you immense pain and you may have had to pay for further dental treatment. Therefore, you might be wondering if you can make a dental nerve damage claim.
In this guide, we’ll discuss what nerve damage is, and the standards that your dentist is expected to meet when they are treating you as their patient. We’ll also talk about when you could make a compensation claim, and what you’ll need to get started.
Then, we’ll explore compensation. Our guide outlines everything you need to know about dental negligence compensation, including what a typical payout can be made up of, and how these amounts are calculated.
Finally, our guide explores why we recommend claiming with the help of a solicitor. Our expert solicitors have years of training and experience, and offer their services on a No Win No Fee basis. We’ll explain what No Win No Fee means, and go into more detail on how one of our solicitors could help you through the claims process.
Contact Us
If you’re ready to learn more about claiming compensation, our team of friendly advisors are waiting to start your free consultation.
They can answer your questions about nerve damage compensation claims, evaluate your case, and potentially put you in touch with one of our solicitors for free when you get in touch by:
- Calling us on 0800 073 8801
- Using the live chat feature.
- Contacting us online.
Browse Our Guide
- What Is Nerve Damage?
- Can I Make A Dental Nerve Damage Claim?
- How Can Dental Treatment Lead To Nerve Damage?
- What Do I Need To Make A Dental Nerve Damage Claim?
- How Much Compensation For Dental Nerve Damage?
- Claim Dental Nerve Damage Compensation On A No Win No Fee Basis
- More Resources Related To Dental Negligence Claims
What Is Nerve Damage?
All teeth have nerves which are protected by layers of enamel. If these nerves become exposed, this can be extremely painful.
Symptoms of nerve damage to your teeth can include:
- Pain and swelling in the gums.
- Increased sensitivity to hot and cold temperatures.
- Pain when eating or drinking.
Sometimes nerve damage can be caused naturally by cavities, tooth decay, or losing a crown. However, this kind of harm can also be caused if your dentist acted negligently.
Keep reading to learn more about dental negligence and nerve damage compensation claims, or contact us today to get started on your claim.
Can I Make A Dental Nerve Damage Claim?
Unfortunately, you cannot make a claim for dental nerve damage alone. To form the basis of a valid dental nerve damage claim, you need to be able to prove that negligence occurred.
Negligence means that:
- Your dentist owed you a duty of care.
- They breached this duty.
- As a result of this breach, you suffered avoidable harm.
All dental professionals owe a duty of care to their patients, meaning that the treatment they receive must meet the correct and minimum standard. The exact steps each dentist is expected to take to meet this standard can vary, but the General Dental Council (GDC) provides further guidance on standards.
For example, if your dentist took out the wrong tooth, leaving healthy nerves exposed and damaged, this could be seen as a breach of their duty of care. In this case, you could potentially make a dental negligence claim.
Read on to learn more about how negligent dental treatment can cause harm. Alternatively, get in touch with our team if you have suffered dental nerve damage to find out if you could make a compensation claim.
How Can Dental Treatment Lead To Nerve Damage?
So, how can negligent treatment cause nerve damage? Some examples of this could include:
- You are scheduled to have a tooth extraction. The dentist then extracts the wrong tooth, damaging the previously healthy nerves that were already there and leaving them exposed, causing considerable pain.
- Your dentist mishandles their equipment and breaks one of your healthy teeth during a root canal treatment. This exposes your nerves, resulting in nerve damage and pain.
- You have a noticeable dental abscess. Your dentist fails to catch this, allowing the infection to spread to the surrounding gum tissue, permanently damaging your nerves.
These are only a few examples of how negligent treatment can cause nerve damage. Read on to find out how to claim, or contact our team of advisors today to get started.
What Do I Need To Make A Dental Nerve Damage Claim?
One of the most important parts of making a dental nerve damage claim is collecting evidence. This step is crucial because it is your responsibility to prove that your dentist not only acted negligently but that this caused you to suffer unnecessary harm.
Some examples of evidence that can be used to support your claim include:
- Witness statements: If a chaperone or nurse was present, their statements can be taken by a professional later into the claims process.
- Photographs: Pictures of visible harm, like a wrongly extracted tooth, can be used to show the damage you’ve suffered.
- X-rays, scans and your dental records: Medical documentation such as these can help give insight into the non-visible harm you might have suffered.
- Financial documents: Bank statements, invoices, and receipts that show any financial losses caused by the harm you have suffered can also be helpful.
This might seem overwhelming, but you don’t have to do it alone. If you make a dental nerve injury claim with one of our specialist solicitors, they can help you explore different avenues of evidence. Get in touch with our team today to find out how we can help.
How Much Compensation For Dental Nerve Damage?
So, how much compensation could you get for a successful dental nerve damage claim? This can be a tricky question to answer because all claims are different. Each case is evaluated based on its own unique circumstances, producing a unique payout.
Most nerve damage compensation payouts will contain two heads of loss: general damages, and special damages. Anyone who makes a successful claim receives general damages, because this heading covers the pain and suffering caused by the harm you underwent.
General damages also cover loss of amenity. If your nerve damage stops you from enjoying hobbies or time with your family, this can be covered under loss of amenity.
When this heading is calculated, the Judicial College Guidelines (JCG) is often used as a point of reference. The JCG can be very helpful to those calculating your compensation because it provides guideline amounts for different kinds of injuries.
In the table below, we’ve included some of the JCG entries that relate to tooth and jaw damage. Please be aware that these entries aren’t guaranteed amounts, and that the first bracket hasn’t been taken from the JCG.
Guideline Compensation Table
| Injury | Compensation | Notes |
|---|---|---|
| Multiple Serious Injuries With Special Damages, e.g Lost Earnings | Up to £150,000+ | Compensation award for suffering multiple injuries that are serious in nature and any financial losses they have caused such as the cost of dental treatments and lost earnings. |
| Fractures of Jaws (i) | £37,210 to £55,570 | Multiple very serious fractures requiring prolonged treatment. |
| Fractures of Jaws (ii) | £21,920 to £37,210 | Difficulty eating or opening the mouth due to a serious fracture. |
| Fractures of Jaws (iii) | £7,880 to £10,660 | A simple fracture that requires immobilisation but makes a full recovery. |
| Damage to Teeth | Up to £46,540 | Chronic and significant tooth pain potentially due to an untreated abscess. |
| Damage to Teeth (i) | £10,660 to £13,930 | Several front teeth have both seriously damaged or lost. |
| Damage to Teeth (ii) | £5,310 to £9,310 | Two front teeth have been lost or seriously damaged. |
| Damage to Teeth (iii) | £2,690 to £4,820 | One front tooth has been seriously damaged or lost. |
| Damage to Teeth (iv) | £1,330 to £2,080 | Damage or loss of back teeth. Compensation will be awarded per tooth. |
Can I Claim For Loss of Earnings Caused By Nerve Injuries?
Yes, you can claim for loss of earnings caused by nerve injuries, as well as other financial losses caused by the harm you suffered. These aren’t included under general damages though; these are compensated under special damages.
For example, if the pain of your dental nerve damage means you need to take time off work, any earnings you lose could be recouped under special damages, as well as the cost of:
- Prescriptions.
- Private dental treatment.
- Cosmetic aids, like crowns or dental implants.
- Childcare.
- Travel to and from further appointments.
Special damages can be hard to quantify, so we always recommend working with an experienced solicitor who can help you maximise your compensation. Contact our team today to find out how one of our solicitors could help you.
Claim Dental Nerve Damage Compensation On A No Win No Fee Basis
Now you know how and when you could make a nerve damage compensation claim, but you might still be wondering why we recommend proceeding with the help of a legal expert.
It’s not mandatory to claim with a solicitor. However, it can make the dental negligence claims process seem much less stressful. This is because they can use their many years of experience, education, and knowledge to help you claim compensation as smoothly as possible.
Our solicitors are specialists in dental negligence law, and can help you:
- Support your claim by gathering evidence.
- Maximise your compensation settlement through negotiations.
- Communicate with the defendant and the courts.
- Prepare the case for court if this is necessary.
- Explain any complex legal jargon or technical language.
- Stay updated and informed on the proceedings.
Plus, our team is composed of No Win No Fee solicitors. They provide all of these services through a Conditional Fee Agreement (CFA), which means:
- You don’t pay for their work upfront.
- You don’t pay for their ongoing serves.
- You don’t pay for their work at all if the claim doesn’t succeed.
If you make a successful claim with the help of a No Win No Fee solicitor, they’ll take a small percentage of your compensation as their success fee. This percentage is limited by law, so you get the majority of your award.
Contact Us
Find out if one of our expert solicitors could help you make a dental nerve damage claim today by:
- Calling us on 0800 073 8801
- Using the live chat feature.
- Contacting us online.
More Resources Related To Dental Negligence Claims
For more helpful guides:
- Find out if you could claim dental abscess compensation.
- Get help making a claim for tooth damage with our article.
- Learn how to make a broken jaw compensation claim with our guide.
Or, to get more information:
- Find an NHS dentist near you.
- Make a complaint about dental treatment you’ve received.
- What to expect from your dental practice according to the Care Quality Commission.
Thank you for reading our guide on dental nerve damage claims. Contact our team today to discuss your case and see how we could help you.
