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Dental negligence claims.

Nerve damage after an extraction, a failed implant, gum disease or oral cancer missed over years of check-ups. If dental treatment fell below a reasonable standard and caused you harm, you can claim — against an NHS or a private dentist.

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Dental Negligence Claims
SRASRA Regulated
Authorised · No. 8012196Trustpilot
See our reviews →Free first consultation
No obligation
Time limit 3 years From treatment, or from when you knew
Claim against NHS or private The duty owed to you is the same
Funding No Win, No Fee Nothing to pay upfront
First assessment Free Including if we say there is no claim
Dental Negligence Claims

What has to be proved

A claim is not won by showing that treatment went badly. Treatment can fail, and teeth can be lost, without anyone being at fault. Two things have to be established, and both are needed.

1

Breach of duty

That the dentist fell below the standard of a reasonably competent dentist — the test from Bolam, as tightened by Bolitho: a practice relied on in the defence must itself stand up to logical scrutiny.

2

Causation

That the failure caused the harm — that you would have avoided the injury, or been left in a materially better position, had it not happened.

This is why an independent dental expert is instructed early in every claim. Their answer to those two questions is what a claim stands or falls on, not how unhappy the treatment left you.

What dental negligence usually looks like

These are the failures that most often support a claim. Consent is on the list because a procedure carried out without the risks having been explained can be negligent even when it was performed competently.

Nerve damage from an extraction or an injection numbness, altered sensation or persistent pain in the lip, chin or tongue, particularly after lower wisdom teeth.
Periodontal (gum) disease that went unmonitored and untreated across years of routine check-ups.
Missed or late diagnosis of oral cancer, where lesions were visible at examination and not investigated or referred.
Failed implants poor planning, insufficient bone, or placement without the imaging the procedure called for.
Root canal treatment that was inadequate, incomplete or performed on the wrong tooth, and the infection that follows.
Crowns, bridges and veneers that were poorly prepared or fitted, or that required healthy tooth tissue to be removed unnecessarily.
Orthodontic treatment that caused root resorption, decalcification or a bite left worse than it started.
Treatment carried out without the risks and alternatives having been properly explained, so consent was never truly informed.

Periodontal disease — the most common claim of all

The single largest group of dental claims is untreated gum disease. It develops slowly and visibly, it is detectable on routine examination with basic periodontal charting and radiographs, and where a patient attends regularly for years and is never told, never charted and never referred, the loss of teeth that follows was usually avoidable.

The evidence for this kind of claim lives in the records: whether charting was done at all, whether radiographs were taken at the intervals guidance recommends, and whether anything was ever recorded about bone loss.

NHS or private — who the claim is actually against

Either can be claimed against, but they run differently. A private dentist is sued personally or through their practice, with their indemnity provider standing behind them. NHS dental treatment is provided under a contract by the practice rather than by the health authority, so the claim is usually against the practice or the individual dentist in the same way.

The NHS complaints procedure is a separate route and does not stop the three-year clock. A complaint can be useful — it often produces an explanation and sometimes an apology — but it does not extend your time to bring a claim, and waiting for one to finish is a common way of running out of time.

How long you have to claim

Three years, but from a date that is often later than the treatment. The clock runs from the treatment itself, or from your date of knowledge — the date you first knew the injury was significant and that it was attributable to the treatment. For gum disease diagnosed years after the check-ups that missed it, that distinction is frequently what makes the claim possible at all.

For a child, the three years do not begin until their eighteenth birthday, so a claim about childhood treatment can usually be brought up to the age of 21. Where someone lacks the mental capacity to conduct their own claim, time does not run at all while that continues.

The practical deadline is shorter than the legal one. Dental records are not kept forever, practices close and dentists move abroad, so a claim started early is a stronger claim.

How it is paid for

Dental negligence claims are usually run on a No Win, No Fee agreement. There is nothing to pay upfront, and nothing to pay us for our work if the claim does not succeed. If it does, a success fee is deducted from the compensation — capped as a percentage of the damages and agreed in writing before anything begins. We also set out at the start what happens about the cost of the expert report and the medical records.

A dentist reviewing a patient’s radiograph on screen

These claims are decided by the records, not by the memory of the appointment.

Charting, radiographs and referral notes — and what is missing from them.

Three years — but from when?

The clock runs from the treatment, or from your date of knowledge — when you first knew the injury was significant and connected to the treatment. For gum disease diagnosed years after the check-ups that missed it, that distinction is frequently what makes a claim possible at all.

  • For a child, the three years do not start until their eighteenth birthday — so usually claimable up to 21.
  • Where someone lacks the capacity to conduct a claim, time does not run at all while that continues.
  • The NHS complaints procedure does not pause the clock. Waiting for one to finish is a common way of running out of time.

How a dental claim runs

Claims of this kind follow the Pre-Action Protocol for the Resolution of Clinical Disputes, which sets out what each side must do before proceedings and how long they have to do it.

  1. 1

    Free assessment

    We go through what happened and what you were told, and tell you honestly whether it looks like a claim — including when we think it does not.

  2. 2

    Your dental records

    We obtain the full records, charting and radiographs from every practice involved. You have a right of access to them, and they decide most of these claims.

  3. 3

    Independent dental expert

    A dentist with no connection to your treatment reviews the records and reports on both halves of the test: whether the standard was met, and what the failure caused.

  4. 4

    Letter of claim, and the response

    Where the expert supports the claim, a formal letter of claim goes to the dentist. Under the protocol the other side has four months to investigate and respond.

  5. 5

    Settlement or proceedings

    Most claims settle by negotiation once liability is answered. Court proceedings are issued where the response is a denial we do not accept, or where the limitation deadline is close.

Start your claim

What happens after you send this

  1. 1
    A solicitor calls you back We go through what happened and tell you honestly whether it looks like a claim — including when we think it does not.
  2. 2
    We obtain your dental records The full records, charting and radiographs from every practice involved. You have a right of access to them, and they decide most of these claims.
  3. 3
    An independent dentist reviews them Someone with no connection to your treatment answers both halves of the legal test. That report is what the claim rests on.

Useful to have, but not essential

  • The practice name — Where the treatment was carried out, and roughly when it started.
  • Any later treatment — What has been done since to put it right, and what it cost.
  • Photographs, if you have them — Not essential. Useful where there is visible damage.

No Win, No Fee. Nothing to pay upfront, and nothing for our work if the claim does not succeed.

Three years to claim — and less than you think if the records are going.

Authorised and regulated by the Solicitors Regulation Authority, no. 8012196.

On a deadline? Call us 01274 608 608 Mon–Thu 9:00–17:30 · Fri 9:00–17:00

Free claim assessment

Tell us what treatment you had and roughly when. A solicitor reviews it and calls you back.

Free & confidential · No obligation · We never share your details

Common Questions

Questions people ask about dental claims

Is a bad result the same as negligence?
No, and this is the most common misunderstanding. Dental treatment carries risks that can occur even when it is performed perfectly well. A claim needs treatment that fell below the standard of a reasonably competent dentist, and harm that the failure caused. An independent expert answers both questions before we tell you where you stand.
Can I claim against an NHS dentist?
Yes. The duty owed to you is the same whether the treatment was NHS or private; only who is on the receiving end of the claim differs. Using the NHS complaints procedure as well is your choice, but it does not pause the three-year time limit.
How long do I have to claim for dental negligence?
Three years from the treatment, or from the date you first knew the injury was significant and connected to it. For treatment as a child, the three years run from the eighteenth birthday. Where someone lacks capacity to conduct a claim, time does not run while that continues.
Do I have to stop seeing my dentist to make a claim?
No, although many people choose to move practice, and you are free to. What matters more is getting the problem treated: keep the appointments and the receipts, because the cost of putting the damage right is part of what a claim recovers.
What does it cost to bring a claim?
These claims are usually run on a No Win, No Fee agreement — nothing upfront, and nothing to pay us for our work if the claim does not succeed. If it succeeds, a success fee is deducted from the compensation, capped as a percentage of the damages and agreed in writing before we start.
How much compensation will I get?
We will not put a figure on a claim we have not assessed, and you should be careful of anyone who does. What compensation covers is the injury itself and the financial consequences — the cost of remedial treatment, lost earnings and future care where they apply. Once the expert evidence is in, we give you a realistic range and explain how it was arrived at.
Will I have to go to court?
Usually not. Most claims settle by negotiation after the other side responds to the letter of claim. Proceedings are issued when a denial cannot be accepted or a deadline requires it, and even then most cases settle before a hearing.
What if the practice has closed or the dentist has retired?
It is usually still possible. Indemnity cover follows the dentist rather than the premises, and records normally have to be transferred or retained rather than destroyed. It does make tracing the right party slower, which is another reason not to leave it.
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