What is dental negligence?
Dental negligence is a specific type of clinical negligence that occurs when a healthcare professional fails to provide you with adequate care. This can include any instances involving incorrect, delayed or poor treatment that has led to further injury or suffering. Unfortunately, dental negligence can affect not only your physical health but also your financial and mental wellbeing.
In the year ending 31 March 2024, there were nearly 16,000 cases of clinical negligence, which includes dental negligence, registered with the Compensation Recovery Unit. NHS records show that in the two years up to March 2024, 18 million adult patients were seen by an NHS dentist and 34 million courses of treatment were delivered.
What are some examples of dental negligence?
You may be able to claim compensation for dental negligence if you experienced any of the following:
- Delayed diagnosis: Your dentist needs to identify problems as quickly as possible. If they haven't, this can delay treatment and make the problem worse.
- Incorrect or careless treatment: For example, if the wrong tooth was removed or the use of excessive force caused injury.
- Misdiagnosis: If your dental problem is misdiagnosed, this can lead to unnecessary treatment and more complications.
- Poor standard of treatment: If your dentist or orthodontist has carried out the treatment poorly, causing further injury.
Don't worry if your experience isn't listed above - our helpline advisors will talk through your circumstances with you and see if we can help. Call us confidentially on to find out.
What are the common causes of dental negligence?
Your dentist often carries out most of your dental work. However, injuries or accidents can also happen when being treated by orthodontists, hygienists, dental nurses and dental therapists. Anyone who gives you dental treatment or advice can commit malpractice. We can help in any of these cases.
If you're wondering what is considered malpractice for a dentist, we've outlined some typical examples.
Negligent root canal treatment
Root canal treatment is very common and is usually carried out to treat tooth decay, a leaky filling or an infection caused by damaged teeth.
The procedure occurs without any issue in most cases, but dental negligence can cause complications such as fractured teeth, infection from dental instrument residue, and bacteria being left in place before the crown is attached.
If your practitioner provided a poor standard of treatment leading to any of these complications, you may be able to make a dental claim.
Oral cancer misdiagnosis
Oral cancer (otherwise known as mouth cancer) is relatively rare in the UK, but the number of those diagnosed has increased in the last ten years and reached 8,846 in 2022.
It presents symptoms including mouth ulcers, lumps in the mouth or neck, loose teeth, numbness, and red or white patches.
The condition must be caught and treated quickly to avoid further complications. If you visited your dental practitioner with these symptoms and they failed to diagnose you or delayed your treatment, you may be entitled to make a dental claim.
Incorrect fitting of a crown or bridges
Crowns cover a damaged tooth to provide extra strength and protection. Bridges are tooth-shaped structures that fill gaps where teeth are missing.
If either of these aren't fitted properly, they can cause discomfort or not last as long as they should. If your crown or bridge was inserted incorrectly and you have suffered as a result, you should contact us about making a dental compensation claim.
Mistakes during oral surgery
When you have oral surgery, all the risks should be clearly explained to you beforehand so that you can decide whether you'd like to go ahead with the treatment.
If you were injured and weren't warned about the risks, you may be able to make a dental negligence compensation claim. You may also be able to claim if your dentist made a mistake during your procedure.
Why make a dental negligence claim?
When you seek dental advice or treatment, the professional treating you is in a position of trust. If they betray that trust and your symptoms are made worse through inaction or by mistake, you may have grounds for a dental negligence claim.
Dental negligence can cause pain and it can leave you struggling in your everyday life - in some cases, your injuries may even be life-altering. All dental professionals have a legal 'duty of care' to keep you safe. This is their obligation to you to make sure that they take reasonable care to avoid causing you harm.
Making a dental negligence claim can seem daunting, but we've seen how much of a difference compensation can make to people's lives. It can give you the financial support you need during your recovery and help you get the simple apology that you deserve. It can also draw attention to mistakes and ensure the same errors don't occur again in the future.
In 2022, we surveyed the public and found that 50% of people who had suffered a no-fault accident in the previous three years hadn't made a claim. This amounts to £1.4 billion in lost compensation - compensation that could be used to put things right for sufferers of dental malpractice, too.
Worried about claiming against the NHS?
Successful claims against the NHS are paid by NHS Resolution, so the compensation does not come out of NHS budgets. If you, like 30% of the people whom we asked, have doubts about making a medical negligence claim, be assured that you can #ClaimWithConfidence knowing that getting what you deserve won't directly affect the NHS.
Has your mental health been impacted by dental negligence?
Has your mental health been impacted by dental negligence?
Medical negligence doesn't only impact you physically; it can have a huge effect on your mental health, too.
Our Make It Right campaign studied 1,000 people and found that 72% suffered from a mental health issue as a direct result of their injury. The most common were anxiety and stress, with over half saying they were worried about the financial implications of their injury.
To get a better understanding of the real impact accidental injuries have on mental health, we spoke to Clinical Psychologist Dr. Claire Freeman.
When we see people directly after an accident, often there's a physical injury - and where there's injury there's usually pain. Pain is very highly associated with low mood and depression that can show itself quite differently between different people. They don't need to suffer this extra burden in silence - advice and help are available.
Dr Claire Freeman
Clinical PsychologistIf your mental health has taken a dip due to your injury, we're here to offer you the support you need. Get in touch with our friendly team today on and we'll talk through your situation.
How do I make a dental negligence claim?
How do I make a dental negligence claim?
We know that you may be going through a difficult time, which is why we aim to make your first step towards compensation simple. Whether you're ready to start a dental claim or just need advice about what to do next, get in touch with us on for free.
We'll talk through your situation and the treatment you received to get a better idea of what happened. This will allow us to establish if we think you have grounds to seek dental negligence compensation. If you do, there's no pressure to go ahead - we're here to offer advice and support.
If you decide you want to make a claim, our friendly advisors will introduce you to one of our panel of specialist dental negligence solicitors. They will also chat with you for free about your situation, letting you know how the process will work and what you should expect. Your legal team will then get in touch with the other party's legal team to get the process started .
How do I prove dental negligence?
How do I prove dental negligence?
To claim dental negligence compensation, you'll need to prove that the malpractice occurred due to a breach of the professional's duty of care and that this directly contributed to your injury. To do this, you and your legal team will need to gather your dental records along with any other evidence.
How can I get my dental records to support my claim?
How can I get my dental records to support my claim?
You can get access to your records from your dental practice, whether it's NHS or private. They should keep your records on file for eight years after your last treatment. These should show any dental diagnosis and treatment you've had. You have the right to access your data via a Subject Access Request.
Can I claim for negligent cosmetic dental treatments?
Can I claim for negligent cosmetic dental treatments?
If you've suffered an injury due to negligent cosmetic dental treatment, you might be able to claim compensation if the injury happened within the last three years and you can prove that it was as a result of a breach of duty of care.
Just like with other types of dental treatment, your practitioner has a responsibility to provide the right care. Failure to do so can mean they are liable for negligence.
If you're unsure as to whether you can make a dental claim, call our experts on and we will discuss your case with you.
How much dental negligence compensation could I receive?
How much dental negligence compensation could I receive?
The amount of dental negligence compensation you receive depends on the severity and complexity of your case, so there's no specific amount you can expect.
When putting your claim together, your dental negligence solicitor or legal team will make sure they understand the effects your injury has had on you and those around you. This is so they can be armed with the information necessary to get you the compensation you need and to which you're entitled.
Your solicitor's recommendations will be made in line with the Judicial College Guidelines, which set out compensation amounts for different injuries.
The pain and complications caused by dental negligence may have resulted in you having to take time off work with reduced pay. You may have been unable to pay bills as a result, especially if you've had to pay for further treatment. Your dental solicitor and legal team will take this into account when working on your case.
They will also consider the wider effects that your injury has had on your family. For example, the compensation could cover their travel and accommodation costs and the time they've given to provide you with care.
We know that spending time at home recovering can be lonely and make you feel like you'll never get your independence back. Compensation can't take away your injury, but it can help you take the first steps towards getting things back to how they were before - or as close as possible to that. Give us a call on today to see if you could receive dental negligence compensation.
Try our dental negligence claim calculator
If you're not ready to give us a call just yet, take a look at our dental negligence claim calculator below. This can give you an approximate indication of what to expect in terms of your payout.
Compensation Calculator
Compensation Calculator
We’ll calculate your compensation in a few minutes.
Can I claim against an NHS dentist?
Can I claim against an NHS dentist?
Yes, you can claim against an NHS dentist for dental negligence. Any medical professional can be held accountable for dental malpractice. If they're found to have breached their duty of care and it resulted in harm or the aggravation of a pre-existing condition, you have grounds for a dental negligence claim.
Making a claim against an NHS dentist works slightly differently to private dentists. This is because all dental claims against the health service are handled by NHS Resolution. It was set up by the government to resolve all disputes and has a pot of money separate from the NHS budget to do so.
Can I make a claim against a private dental practice?
Can I make a claim against a private dental practice?
If you've received negligent treatment from a private dental practice, you can make a claim. As stated by the General Medical Council, all private healthcare providers must take out liability insurance to cover any claims made against them.
During your case, your dental negligence lawyer will liaise with your dentist's insurer to obtain the compensation to which you are entitled. The nature of private dental claims means they can take a little longer to resolve, but your solicitor will be able to give you more information on how long your case will take to settle.
Will I need to have a medical assessment if I make a dental claim?
Will I need to have a medical assessment if I make a dental claim?
Yes. Independent medical opinion is a key part of making dental negligence claims. The medical negligence solicitor or legal team we select for you will arrange the assessment as part of building the evidence for your claim.
How long do dental negligence claims take?
How long do dental negligence claims take?
All dental negligence claims are different, so it's hard to give a reliable average duration for the claim. It depends on two things:
- The severity and/or complexity of the negligence injury.
- Whether or not the dental professional admitted liability.
How long it takes to process your claim may also depend on whether your case is going through NHS Resolution or a private healthcare provider's insurer. Come and talk to us on and we can help.
Can I make a dental claim for someone else?
Can I make a dental claim for someone else?
If a loved one has suffered due to dental malpractice, we understand that you want to help them make it right. While we can't take away the pain they may be experiencing, we can help them get compensation and an apology for what they've gone through.
If you're calling on behalf of someone else, it's helpful if we can speak to the injured person to confirm you have their consent to seek compensation for them. However, we understand that in certain circumstances this is not possible. For example, when the injured individual does not have the mental capacity to claim themselves.
You can also make a dental claim for your child if they have suffered negligent treatment and are under the age of 18. Receiving compensation may offer the financial help they need to aid their recovery and support themselves in the future.
Frequently asked questions...
Around 95% of our cases are settled without the need to go to court. This means there is a very small chance a claim will require a court hearing.
If your case does go to court, your solicitor will be on hand to support and guide you through the process and will make sure you always know what to expect.
There are no upfront costs or unexpected fees when you start your claim with us. Our advice is free and your solicitor will work on a no win no fee basis, meaning that you won't pay a penny for your claim unless it is successful.
If your claim is successfully settled, you'll pay some legal costs to your solicitor from your compensation. These will be agreed between you and your solicitor before you start your claim, so there will be no surprises.
Read more about no win no fee.
Yes, we're able to help with holiday accident claims . Your hotel, the hotel staff and every company you encounter on your travels all have a duty of care to provide you with a safe service.
Can I claim dental negligence compensation if I signed a waiver or consent form?
Can I claim dental negligence compensation if I signed a waiver or consent form?
Yes, you can make a dental claim even if you signed a consent form. These forms can't be used to absolve dentists of all blame if they fail in their duty of care.
If you did sign a consent form, your legal team may wish to work out whether you gave informed consent.
Questions they might ask include:
- Were you informed of every possible risk and the likelihood of said risks?
- Did the dentist provide you with all the information you needed to make an informed decision?
- Were you forced to sign?
- Would you still have signed if you'd been given the correct information?
Are there time limits for making dental negligence claims?
Are there time limits for making dental negligence claims?
Typically, the time limit for making dental negligence claims is three years from the moment you realised that you may have been treated negligently. This means that you must start court proceedings or settle a claim within this time frame. T here are some exceptions, however.
You can claim on behalf of a child at any point until they turn 18. If no claim is made, they have until their 21st birthday to do so themselves.
There's no upper time limit if you're claiming for someone who, for whatever reason, lacks the mental ability to make a dental negligence claim. As stated in the Mental Capacity Act 2005, a person must be assumed to have capacity unless it is established that they lack capacity. It should be noted that should the claimant regain capacity at any time, however briefly, the usual three years will start from that date.
Our panel of dental negligence lawyers have an official procedure to follow when registering your claim, so it's important to act fast if you're close to your deadline. If you have 12 weeks or less, give us a call on while we still have time to help.
Can I make a dental negligence claim using no win no fee?
Can I make a dental negligence claim using no win no fee?
Yes, we can usually offer no win no fee arrangements in our clinical negligence cases. When you first speak to your dedicated no win no fee dental solicitor or legal team, you will agree this over the phone.
In this situation, a no-upfront-cost insurance policy will be taken out before starting your claim. This policy is designed to protect you from costs and expenses during your compensation claim. This means that if your claim doesn't succeed and you adhere to the terms and conditions of your agreement, you won't face legal fees or expenses.
No win no fee means there are no upfront costs, no hidden charges, and nothing to pay to your solicitor if you lose your case.
If your case is successful, the legal fees are paid to your dental negligence lawyer from the compensation you receive. Lawyers often state their fees to be around 25%, but there are often other costs like VAT and insurance. We only partner with lawyers who will clearly explain all costs before you start your claim, so you know exactly what to expect.
In a small amount of cases, our panel of dental negligence solicitors may not be able to handle your claim on a no win no fee basis, but this will be discussed with you before you proceed.
What our customers say
We're proud to be rated Excellent on Trustpilot. Here's what some of them have to say about our service:
Katie and her mum came to us when her appendix burst and went unnoticed by medical professionals
They were really helpful. They led us to a good solicitor and anything we needed, the solicitor would give us the information.
Julie
Why choose National Accident Helpline to help you claim dental negligence compensation?
Why choose National Accident Helpline to help you claim dental negligence compensation?
Whether you've already decided to claim or you just want to discuss your case with us, our team are here to help.
- Accredited: Our panel of dental negligence solicitors are registered with The Law Society in England and Wales or the Law Society of Scotland. We're also fully regulated by the Solicitors Regulation Authority.
- Experienced: We've been helping customers claim dental negligence compensation for over years_sinceyears.
- Trusted: Our customers rate us as ‘Excellent' on customer review platform Trustpilot.
Contact us to start your dental claim
Get in touch with us to discuss your case. Call us on or start your claim online and take the first steps to claiming the dental negligence compensation you deserve.