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Home » How to Sue for Dental Medical Negligence

How to Sue for Dental Medical Negligence

Dental care is a vital part of looking after your overall health. Most dentists in the UK provide safe and professional treatment. However, there are times when things go wrong, and you may suffer harm that could have been avoided. If this happens, you might be able to bring a claim for dental medical negligence.

This guide explains in clear terms when you can sue a dentist, how the process works, what it may cost, the time limits you need to know, and the types of compensation you could receive.

What Is Dental Medical Negligence?

Dental negligence happens when a dentist provides treatment that falls below the expected standard of care, and you suffer avoidable harm as a result. It does not simply mean you are unhappy with the outcome. Instead, it requires a clear link between poor care and the injury or loss you experienced.

Examples of dental negligence include:

  • Wrong tooth extraction – removing the wrong tooth, leaving the original problem untreated.
  • Misdiagnosis or delayed diagnosis – failing to detect gum disease, oral cancer or other conditions early, causing avoidable complications.
  • Surgical errors – poorly placed implants damaging healthy teeth or nerves.
  • Informed consent issues – performing treatment without properly explaining the risks and benefits.
  • Unnecessary procedures – carrying out treatment that was not clinically required, leading to further harm.

If any of these happen, you may have grounds to sue for dental negligence.

When Can You Sue a Dentist?

You can only bring a claim if certain conditions are met. To succeed, you usually need to show:

  1. Duty of care – Dentists owe every patient a duty to provide safe and professional care.
  2. Breach of duty – The dentist acted below the standard expected of a competent professional.
  3. Harm caused – You suffered avoidable physical, psychological, or financial harm as a direct result of this breach.

It is not enough that treatment did not go as planned. For example, some dental procedures naturally carry risks. What matters is whether the dentist acted negligently.

Can You Sue an NHS Dentist?

Yes, you can. The process is slightly different compared with private dentists. If you receive negligent treatment on the NHS, your claim will usually be handled by NHS Resolution, the organisation that deals with negligence claims on behalf of NHS bodies.

You will first need to follow the NHS complaints procedure, which may help to resolve the matter without legal action. If that fails, you can pursue a claim for compensation. Importantly, any payout will come from NHS Resolution’s funds, not directly from your local practice.

Can You Sue a Private Dentist?

Yes. Private dentists owe the same duty of care as NHS dentists. If you suffer avoidable harm, you can bring a claim directly against the practice. Private practices usually have their own insurance to cover compensation payments.

Can You Sue for Negligent Cosmetic Dental Care?

Absolutely. The duty of care extends to both medical and cosmetic dental procedures. Claims can arise from negligent orthodontics, crowns, veneers, dental implants, teeth whitening, gum contouring, or other cosmetic work.

The General Medical Council (GMC) has clear guidance for cosmetic procedures. Practitioners must:

  • Be properly registered.
  • Provide treatment in a safe and sterile environment.
  • Fully explain the risks and benefits before obtaining consent.

If your cosmetic dental procedure was handled negligently and caused avoidable harm, you may be able to claim.

How Much Does It Cost to Sue a Dentist?

The cost of making a claim is often a major concern. Key costs include:

  • Legal fees – Solicitors may offer a No Win, No Fee arrangement (formally known as a conditional fee agreement). This means you only pay if your claim is successful.
  • Court fees – Starting legal action involves set court fees, which depend on the value of your claim.
  • Expert witness fees – Dental negligence cases often require independent experts to provide reports on whether the care you received was substandard.

A No Win, No Fee agreement can significantly reduce the financial risk of pursuing a claim.

How Long Do You Have to Sue a Dentist?

Time limits are set out under the Limitation Act 1980. In most cases, you have three years to start a claim. This can be:

  • Three years from the date the negligence occurred.
  • Or three years from when you first realised that harm was caused by negligent treatment (known as the “date of knowledge”).

There are exceptions:

  • Children – The three-year limit does not begin until their 18th birthday, meaning they can claim up until age 21.
  • Mental incapacity – If a person lacks capacity, the time limit is paused indefinitely. If they later regain capacity, the three-year limit starts from that point.

A close relative or guardian may also act as a litigation friend to bring a claim on behalf of a child or someone without capacity.

How Much Compensation Could You Receive?

The compensation you may receive depends on the seriousness of the harm and its impact on your life. There are two main types of damages:

  1. General damages – For the pain, suffering and loss of amenity caused by negligence.
  2. Special damages – For financial losses such as lost earnings, travel costs, or future treatment expenses.

Lawyers often use the Judicial College Guidelines (JCG) to help estimate compensation ranges. Some examples include:

  • Severe multiple harms with financial losses – up to £200,000+.
  • Serious jaw fractures – £21,920 to £55,570.
  • Loss or damage to several front teeth – £10,660 to £13,930.
  • Loss or damage to a single back tooth – £1,330 to £2,080 per tooth.

These are guidelines only. The actual amount depends on your individual circumstances.

What Can You Claim For?

You may claim compensation for a variety of harms, such as:

  • Pain and suffering – Physical pain, discomfort, or lasting disability.
  • Psychological harm – Anxiety, stress, or loss of confidence linked to your treatment.
  • Medical expenses – Corrective procedures, ongoing dental care, prescriptions.
  • Loss of earnings – If negligence affected your ability to work.
  • Travel expenses – Extra travel to appointments.

To recover these costs, you will need to provide evidence such as receipts, payslips, invoices, and medical records.

How Do You Prove Dental Negligence?

Strong evidence is crucial. Useful forms of evidence include:

  • Dental records – Notes, X-rays, and treatment history.
  • Photographs or videos – Showing visible harm such as swelling or missing teeth.
  • Medical reports – Independent expert assessments of your condition.
  • Witness statements – From anyone who attended your appointment.
  • Correspondence – Emails, letters or messages exchanged with the dental practice.

Your solicitor will help to gather and present this evidence to build your case.

Steps to Sue for Dental Negligence

Here is a straightforward outline of the process:

  1. Seek medical help – Prioritise your health by addressing the harm caused.
  2. Collect evidence – Keep records, photos, and any related documents.
  3. Make a complaint – If treated by the NHS, follow the NHS complaints procedure.
  4. Seek legal advice – Contact a solicitor who specialises in dental negligence.
  5. Case assessment – Your solicitor will review whether you have a strong claim.
  6. Gather expert reports – Independent dental experts will assess the standard of care.
  7. Attempt settlement – Many claims are resolved through negotiation without going to court.
  8. Issue court proceedings – If settlement fails, your solicitor can issue a claim in court.

The process can take time, but many cases settle before trial.

Why People Hesitate to Sue Dentists

Many people feel nervous about suing their dentist. Some fear it will be expensive or take too long. Others worry about the impact on their relationship with the practice.

It is important to remember that bringing a claim is not about punishing a dentist personally. Instead, it is about recognising the harm done and recovering compensation to help you move forward. In NHS cases, claims are handled centrally, so your dentist will not pay out of their own pocket.

Final Thoughts

Suing for dental medical negligence can feel daunting, but it exists to protect patients when standards fall short. If you have suffered avoidable harm because of negligent dental treatment, you may have the right to claim compensation.

By understanding what negligence is, how the process works, the time limits involved, and what evidence you need, you will be better prepared to take action. Compensation can cover not only the pain and suffering you endured but also the financial costs of correcting the harm.

If you believe you have a case, the best first step is to seek legal advice from a solicitor experienced in dental negligence claims. They can guide you through the process and help you secure the compensation you deserve.