You may have suffered due to a negligent dentist and wish to claim compensation. In this guide, you’ll learn about making a dental negligence compensation claim.
Key Points On Dental Negligence Compensation
- You may be able to claim dental negligence compensation if you suffer an injury due to sub-standard dental treatment.
- Your dental negligence compensation may include both general and special damages.
- You could make a dental negligence claim against the NHS or a private practitioner.
- There is an option of claiming dental negligence with one of the No Win No Fee solicitors from our panel.
Want to know more about the claims process or find out if you have good grounds to seek compensation for negligent dental treatment? You can reach out to our advisory team through the following options:
- Leave your details on our Contact Us form.
- Call us at 0800 408 7826.
- Speak to us immediately through the live chat below.
Jump To A Section
- Am I Eligible To Make A Dental Negligence Claim?
- Average Compensation Payouts For Dental Negligence
- Reasons You Can Claim For Dental Negligence
- Claiming Against The NHS In Comparison To Private Dentists
- How To Start Your Dental Negligence Compensation Claim
- Is A Solicitor Necessary To Claim Dental Negligence Compensation?
- How Our Panel Of Solicitors Can Help
- More Information
Am I Eligible To Make A Dental Negligence Claim?
Like all medical professionals, dentists have a duty of care towards their patients. This duty is binding on all dental professionals like dentists, hygienists, technicians and dental nurses. The General Dental Council (GDC) imposes certain professional standards in pursuance of this duty of care:
- Prioritising the well-being and interests of the patients.
- Explaining the pros and cons of every dental treatment to the patient to obtain their informed consent.
- Providing regular updates to the patients and maintaining proper communication.
- Working with colleagues to ensure the best interests of the patient.
For an eligible dental negligence claim, you need to prove the following:
- The dental professional had a duty of care towards you.
- They failed to uphold this duty.
- As a result, you suffered an injury or harm that could have been otherwise avoided.
If you need help determining the duty of care owed to you by your dental practice, you can contact our advisory team.
Average Compensation Payouts For Dental Negligence
Dental negligence compensation could consist of up to two types of damages:
- General Damages: This could include damages for your dental and psychological injuries.
- Special Damages: This could include damages for the financial losses you’ve suffered.
How Settlements Are Calculated
For general damages, your solicitor (or anyone appointed to valuing your claim) could refer to the Judicial College Guidelines (JCG). This publication lists approximate compensation guidelines for all kinds of injuries, some of which are mentioned in the table below. However, you must note that these are only guidelines, and the first row isn’t from the JCG.
As part of general damages, you can also claim for emotional distress and psychological injuries due to the negligent dental treatment. You can contact our team to learn more about psychological damage.
| Injury | Notes | Compensation Guidelines |
|---|---|---|
| Multiple Severe Injuries and Special Damages | Compensation could be awarded for multiple injuries due to dental negligence and special damages. | Up to £200,000+ |
| Severe Psychiatric Damage | This affects the person's ability to cope with life or work and impacts their relationships with others. | £66,920 to £141,240 |
| Moderately Severe Psychiatric Damage | There are significant problems coping with life and relationships, however, the prognosis is better than for more severe cases. | £23,270 to £66,920 |
| Less Severe Facial Scarring | There is disfigurement and significant psychological trauma. | £21,920 to £59,090 |
| Significant Facial Scarring | Plastic surgery has reduced the worst effects but there is still some remaining cosmetic disfigurement and psychological trauma. | £11,120 to £36,720 |
| Less Significant Facial Scarring | There are a few small scars which affect the person's appearance but not in a significant way. | £4,820 to £16,770 |
| Damage to Teeth (i) | Loss or serious damage to two or more front teeth | £10,660 to £13,930 |
| Damage to Teeth (ii) | Two front teeth are damaged or lost. | £5,310 to £9,310 |
| Damage to Teeth (iii) | A front tooth is damaged or lost. | £2,690 to £4,820 |
| Damage to Teeth (iv) | Back teeth are damaged or lost. The compensation would be according to the loss of per tooth. | £1,330 to £2,080 |
Claiming Special Damages
There are no fixed guidelines for special damages. You should also note that special damages won’t automatically be included in your claim. To claim for these damages, you may need the following:
- Proof of Dental/Medical Expenses: These could include travel expenses for dental appointments, diagnostic tests, and prescriptions. You can prove these by keeping invoices and receipts.
- Invoices Showing Proof of Cosmetic Dentistry: You may require cosmetic procedures following dental negligence, such as tooth implants. If you keep ahold of invoices, these expenses could also be recovered.
- Payslips to Show Your Loss of Earnings: You could claim for this if you were unable to report to work while recovering. This could also include the loss of any benefits like pension payments.
You can also use our compensation calculator for an estimate of how much dental negligence compensation you could be eligible for. If you would like a more accurate valuation of your compensation claim, contact our team for assistance.
Reasons You Can Claim For Dental Negligence
Some examples of dental negligence are:
- Sub-standard Treatment: Your dentist may have provided poor treatment, which caused you a dental injury, giving rise to an eligible compensation claim.
- Misdiagnosis: This is very common for oral cancer, which has symptoms like ulcers in the mouth, loose teeth, and numbness. It is a serious condition that requires immediate treatment. If you visit your dentist with these symptoms and they fail to diagnose your condition and provide timely treatment, you may have an eligible dental negligence claim.
- Incorrect or negligent treatment: This could occur if your dentist incorrectly fits any crowns or bridges or carelessly performs a root canal. Such errors could cause discomfort or even extreme complications like chipped teeth.
Have you suffered a facial scar due to sub-standard dental treatment? Contact our team to learn about claiming compensation for a facial scar.
Claiming Against The NHS In Comparison To Private Dentists
Whether you make a dental negligence claim against a private dentist or the NHS, the process is the same. The only difference is the party you claim against.
If you make a successful claim against the NHS, they will compensate you from the money they set aside each year for such claims. NHS Resolution will settle your dental negligence claim.
On the other hand, if you have a successful claim against a private dental practice, they will pay you dental negligence compensation through liability insurance. The General Medical Council (GMC) guidelines mandate all private practices to have this kind of insurance in place for negligence claims.
Irrespective of whether you wish to claim against the NHS or your private dentist, you can contact our team for assistance.
How To Start Your Dental Negligence Compensation Claim
If you wish to claim dental negligence compensation, the most important step is to seek medical attention. This is to ensure that your injuries don’t deteriorate and to find out if you need any further treatment.
Once you get an idea of your injuries, you may start collecting evidence.
Collecting Evidence And Your Dental Records
The following evidence could be helpful to prove dental negligence:
- Dental records such as prescriptions, dentist notes and X-rays.
- Details of any witnesses so that they can be contacted for witness statements.
- Photographic evidence of your dental injuries.
- Correspondence between yourself and the dental practice, including any written complaints and appointment reminders.
Expert Examinations
Your dental negligence solicitor may direct you to complete a medical examination to determine the extent of your injuries. This would be done to generate a comprehensive report of the injuries and to document their impact on your life. If you choose to make your claim with a solicitor from our panel, they’ll try to arrange the examination close to your home at a date and time of your convenience.
After the medical examination, the medical expert will send you and your solicitor a detailed report of your injuries. If you and your solicitor are satisfied with the report, you will have to sign it to confirm that the information is correct. Your solicitor will then use this report as evidence of your pain and suffering.
How Long You Have To Begin A Claim
The Limitation Act 1980 denotes a time limit of 3 years to start dental injury claims. However, this time limit may not apply in certain circumstances:
- Minors: If a minor has suffered a dental injury, the time limit applies after the minor turns 18. They will then have until their 21st birthday to start their claim. However, the minor’s loved ones can start a claim before the minor’s 18th birthday by acting as a litigation friend.
- Individuals with Diminished Mental Capacity: If an individual with diminished mental capacity suffers a dental injury, no time limit will apply. A trusted person could start a claim on their behalf in the capacity of a litigation friend. The Mental Capacity Act 2005 defines the term ‘mental capacity’. It’s important to note that once the individual gets back their mental capacity, the time limit would apply. This gives the injured party 3 years from that date to start a claim.
How Long It Can Take For A Compensation Payout
Each dental negligence claim differs from the other. Therefore, there is no definite answer to how long it would take to settle the claim. The timeline of your claim could be affected by the following factors:
- The severity of your injuries: It may take time to assess the impact of the injuries if they are very serious or complex.
- Whether the dental practitioner accepts or denies liability.
- Negotiations regarding compensation between you and the practitioner.
- Evidence: If you have strong evidence, it won’t take much time to settle your claim.
If you need help with gathering evidence and starting your claim, you can approach our friendly advisory team for free advice.
Is A Solicitor Necessary To Claim Dental Negligence Compensation?
It isn’t compulsory to make your dental negligence claim with a solicitor. However, having an expert by your side would help to simplify the claims process, allowing you to focus on your recovery.
We have competent solicitors on our panel who are equipped with knowledge and thorough experience of dental negligence claims. If you choose to make your claim with a dental negligence solicitor from our panel, they could help you in the following ways:
- Collecting evidence
- Calculating and valuing your dental negligence compensation.
- Negotiating with your dentist.
- Communicating with official bodies.
- Providing regular updates on your case.
- Simplifying legal terms.
- Preparing documentation if your claim goes to court.
- Arranging a medical examination for evidence.
- Ensuring that they make your claim within the time limit.
- Providing a rough timeline of how your claim would proceed.
Reach out to our advisors now for more information on our services and to book a free consultation. If you have an eligible claim, we may connect you to a dental negligence solicitor on our panel.
How Our Panel Of Solicitors Can Help
You need not worry about paying any upfront solicitor’s fees as our panel offer No Win No Fee services. Your dental negligence solicitor would work on a Conditional Fee Agreement (CFA) model, which is one of the types of No Win No Fee agreements.
This means that if your claim is unsuccessful, you won’t have to pay any solicitor’s fees. If you receive dental negligence compensation, your solicitor will charge a fixed percentage from it as their fee. This is called the Success Fee, and the law has placed a cap on it to ensure that you retain a majority of your compensation.
Want to make your claim with a No Win No Fee solicitor? Contact us now:
- Leave your details on our Contact Us form.
- Call us at 0800 408 7826.
- Speak to us immediately through the live chat below.
More Information
Thank you for reading our guide on dental negligence compensation. Here are some more guides from our site if you wish to know more:
- Our guide on medical negligence claims.
- Information on fractured jaw claims.
- Details for how much compensation you could receive on a retained placenta.
Here are some external resources for your reference:
- Guidance from the government on claiming Statutory Sick Pay (SSP).
- Information from the NHS on caring for your teeth and gums.
- Details from the NHS to complain about your dental treatment.