Visiting the dentist should be a routine and safe experience. But what happens if your dentist makes a serious mistake, causing pain, financial loss, or long-term dental problems? If you have suffered due to your dentist’s negligence, you may be able to sue for dental malpractice and receive compensation.
This guide will help you understand your legal rights, how to prove negligence, and the steps you need to take to make a dental negligence claim in the UK.
Can I Sue My Dentist for Negligence?
Yes, you can sue your dentist if they provided poor care that caused you harm. Dentists have a duty of care towards their patients, which means they must provide treatment that meets professional standards. If they fail to do so and you suffer as a result, you could be eligible for compensation.
What are the Common Reasons to Sue a Dentist?
You might be able to sue your dentist if you have experienced:
- Misdiagnosis or failure to diagnose – If your dentist fails to identify conditions like gum disease, tooth decay, or oral cancer in time, your condition could worsen, leading to severe complications.
- Botched dental work – If a procedure is done incorrectly, you may suffer unnecessary pain, require further treatment, or lose a healthy tooth.
- Infections due to poor hygiene – Dental tools and equipment must be sterilised. If you develop an infection because of unhygienic practices, you may have a valid claim.
- Failure to obtain consent – If your dentist performed a procedure without explaining the risks or getting your approval, they may have breached their duty of care.
- Nerve damage – If a procedure, such as an extraction or root canal, leads to nerve damage causing numbness, pain, or difficulty eating, it could be considered malpractice.
- Tooth loss due to negligence – If you lose a tooth due to incorrect treatment or lack of proper diagnosis, you may be able to seek compensation.
- Psychological trauma – If the experience has left you with dental anxiety or emotional distress, this could form part of your claim.
- Financial loss – If you have had to pay for corrective treatment, take time off work, or incur travel expenses due to your dentist’s negligence, you may be able to recover these costs.
What Do I Need to Prove?
To win a dental negligence case, you need to prove that:
- Your dentist owed you a duty of care – Every registered dentist has a responsibility to provide a high standard of care.
- The dentist breached their duty – You must show that the treatment you received was below standard and that another competent dentist would have acted differently.
- You suffered harm as a result – You need evidence that your injury, pain, or financial loss was directly caused by the dentist’s negligence.
How to Sue Your Dentist – Step-by-Step Guide
Step 1: Gather Evidence
To make a strong case, you need to collect proof, including:
- Dental records – Request copies of your dental records to show what treatment was given.
- Photographs – Take pictures of your teeth, gums, or any visible damage.
- Receipts and bills – Keep records of any additional dental costs you’ve paid for.
- Medical reports – If you’ve seen another dentist or doctor for corrective treatment, get a report confirming the damage.
- Witness statements – If someone accompanied you to the appointment, their statement could support your case.
Step 2: Make a Complaint to Your Dentist
Before taking legal action, you can file a complaint directly with the dental practice. This might lead to a resolution, such as a refund or corrective treatment.
If your treatment was from an NHS dentist, you can complain through the NHS complaints procedure. If it was a private dentist, you should complain directly to the dental practice or to the Dental Complaints Service (DCS).
Step 3: Speak to a Dental Negligence Solicitor
If your complaint is not resolved, the next step is to contact a solicitor who specialises in dental negligence claims. They will assess your case and tell you whether you have a strong claim.
Most solicitors offer a free consultation and work on a no-win, no-fee basis, meaning you don’t have to pay unless your case is successful.
Step 4: Letter of Claim
Your solicitor will prepare a Letter of Claim, outlining the details of your case and the compensation you are seeking. This is sent to the dentist, who has four months to respond.
Step 5: Negotiations and Settlement
Most dental negligence claims are settled out of court through negotiations between your solicitor and the dentist’s legal team. If a fair settlement is reached, you will receive compensation.
Step 6: Going to Court (If Necessary)
If the dentist denies wrongdoing or refuses to offer fair compensation, your case may go to court. Your solicitor will guide you through the process, and if successful, the court will order the dentist to pay compensation.
How Much Compensation Can I Get?
The amount of compensation depends on factors like:
- The severity of your injury
- The impact on your daily life
- The cost of corrective treatment
- Psychological effects (e.g. anxiety, trauma)
- Loss of earnings (if you had to miss work)
Compensation can range from a few thousand pounds for minor issues to tens of thousands of pounds for serious negligence cases.
Time Limits for Making a Claim
In the UK, you usually have three years from the date of the negligent treatment (or from when you became aware of the negligence) to make a claim.
For children, the three-year limit begins when they turn 18, meaning they can make a claim up to the age of 21.
Should I Sue My Dentist?
Suing a dentist can be a big decision, but if you have suffered pain, financial loss, or psychological distress, you deserve justice. Many people hesitate because they worry about costs or the legal process, but with a no-win, no-fee agreement, there’s no financial risk.
Before making a claim, consider:
- Do you have evidence of negligence?
- Have you suffered harm as a result?
- Has your complaint been ignored or dismissed?
If the answer is yes, then you may have a strong case.
Final Thoughts
Dental negligence can have serious consequences, affecting your health, confidence, and finances. If your dentist has failed in their duty of care, you have the right to seek compensation.
The key steps are:
- Gather evidence
- File a complaint
- Speak to a solicitor
- Make a claim
- Negotiate a settlement or go to court
By following these steps and getting expert legal advice, you can hold your dentist accountable and get the compensation you deserve.
If you think you have a claim, speak to a dental negligence solicitor today for a free consultation and find out how you can take action.
