- No Win No Fee claims
- Expert dental negligence solicitors approved by the SRA
- More than 15 years’ experience in complex cases
- Success stories across England and Wales
Can I make a dental negligence claim?
Visiting the dentist can be a worrying time, particularly if you feel nervous at the thought of treatment. For many of us, this anxiety proves to be unwarranted and we leave the dental surgery with our dental problems resolved.
But what should you do if your visit to the dentist goes wrong? If you, or a loved one, has sustained damage to the teeth or your dentist has missed the signs of gum disease, which has resulted in tooth loss, our dental negligence solicitors could help you.
What is dental negligence?
The global overview of dental care is bleak, with the World Health Organisation reporting that oral disease affects nearly 3.5 billion people worldwide. Decades of scientific research have led to the conclusion that other illnesses and poor health can stem from failure to care for your teeth. However, these failures can sometimes be caused by the professionals responsible for helping us with our dental health.
Dental negligence can occur when preventable damage or an injury is sustained by a patient during or after their visit to the dentist. The negligence could have numerous causes, such as the dentist not identifying the early signs of gum disease, undertaking a procedure on the wrong tooth, or damaging a neighbouring tooth.
This can happen as part of a routine treatment or during correctional treatment on damage to the teeth and gums. It’s therefore possible that the problem you originally suffered and tried to get help for has been aggravated by those who were meant to be helping you.
Dental Negligence
Client Story: How we secured compensation for dental negligence
Neil Crossley, Head of Clinical Negligence for Bolton, discusses a recent case where our client had experienced dental negligence, resulting in tooth loss that could have been prevented.
Click here to read more
Should I claim against my dentist?
Dentists in the UK must follow the General Dental Council’s guidelines, which means that they must carry out any treatment and assessments safely and professionally. When your treatment falls below these standards, and you find that you have damage to your teeth or gums as a result, you could make a dental negligence claim.
This is a complicated situation as it means you have to prove that the damage was caused as a result of poor levels of care rather than existing problems. At Been Let Down, you can rest assured that we handle dental negligence claims with integrity and respect. We’ll always listen and put your case forward, even if that means claiming against professionals who owed you a duty of care.
Can I claim for dental negligence after a cosmetic procedure?
Yes. It’s also possible to encounter dental negligence when you undergo cosmetic dental work, such as teeth-whitening, repositioning and alignment adjustments.
Demand for these cosmetic dental services in England and Wales is growing and they are being provided at increasingly competitive rates. The teeth-whitening industry is now estimated to be worth over £40 million each year. It’s illegal for this work to be carried out by anyone other than a qualified dentist.
As with any type of treatment, cosmetic dentistry comes with risks, which should be explained to you before your procedure. Risks may include nerve damage, pain and, in some cases, worsening of your teeth rather than improving the appearance. This can cause long-term problems and can mean you need to pay for further treatment to ease the issues.
If you’re experiencing long-term problems and side effects beyond those you consented to, it could be time to speak to a dental negligence solicitor.
What are some examples of dental medical negligence?
Here are a few examples of poor dental treatment that could be a case of dental negligence:
- Misdiagnosis of dental conditions like gum disease that later leads to complications like tooth and bone loss
- Teeth extracted incorrectly
- Poor application of anaesthetic
- Failing to check medical history or allergies
- Problems due to staff being insufficiently trained or qualified
- Failure of cosmetic restoration work
To find out more about the different types of dental negligence, take a look at our Common Claims section. If you can’t see the dental procedure that caused your injury on the list, contact us today and our specialist legal team could still help you pursue your claim.
Why pursue a dental negligence claim?
Experiencing pain or damage as a result of negligent treatment is difficult enough but the situation becomes worse for everyone if those responsible continue to work in their profession without thinking twice about what happened. Making a successful claim for dental negligence doesn’t just give you the agency and financial means to move on with your life; it also offers the peace of mind of knowing that you have highlighted the poor practice.
Here’s what Neil Crossley, Head of Clinical Negligence for Bolton, has to say about seeking the compensation you deserve:
"After falling victim to improper dental care, you may struggle with pain, infection, cosmetic damage and more treatment to repair the damage caused. Dental negligence can carry serious and often traumatic consequences. These can be long-lasting and, despite remedial action being taken, you may be left with permanent damage. Choosing to start a dental medical negligence claim with Been Let Down means taking back control. We're here to help you get back on track."
Dental negligence claims FAQs
The cost of restoring your teeth in the future is included as part of your claim for damages and could be paid for with your dental negligence compensation.
Our expert legal team have experience in dealing with many different types of dental negligence. No matter your concerns, please contact us today and we’ll put your mind at ease.
Dental negligence is a serious example of malpractice.
As with all other types of medical negligence that we specialise in, Case Law and the latest edition of the Judicial College Guidelines act as the starting point. Our team refer to this nationally approved document when calculating the amount of compensation to seek for you.
The specific amount of compensation awarded to you may vary according to factors like the severity of your injury and any long-term effects on your life, including your ability to work. In the table below, we use figures taken from the Guidelines as an example.
We understand that making a claim against a dentist can be a difficult decision, especially if you’re still trying to overcome the issues caused by their mistreatment.
That’s why we make our claims process as straightforward as possible. From your initial consultation, there’s no obligation to pursue a case. We’ll let you know if we think you’ve got a strong chance of being awarded compensation. If you agree to proceed, here’s how it all works:
- We’ll match you with a solicitor, who will ask for details surrounding your dental negligence These may include dates, notes and photographs.
- Next, your medical negligence solicitor will prepare a formal statement subject to your approval. After you’ve signed it, we forward it to independent medical experts, along with copies of your medical and dental records.
- Following these investigations, we will write to the dentist accused and let them know that we’re pursuing your claim. This will state what happened and explain why they are at fault. They must reply within four months.
- If the defendant – in this case, your dentist – admits liability, your solicitor will try to negotiate directly. If there are any disputes, we will prepare to take your case to Court.
Our claims team can potentially help you pursue a claim for compensation and other losses, including surgical costs to repair the damage. Whether you paid for private treatment or were dealt with as an NHS patient, it makes no difference; you were owed a duty of care. Please bear in mind that time limits may apply to your case.
If you think you have a claim, please contact our dental negligence solicitors so that you have the best possible chance of securing compensation.
Before a dental negligence compensation claim can begin, we will need to assess whether your dentist acted negligently. This is understood by being able to prove that a reasonable and responsible dentist, dental nurse or hygienist would not have made the same mistake.
We review if you have suffered an injury as a result. We may consider if any of the following occurred during your treatment:
- Incorrect dosage of medication
- Diagnosis completely missed
- Botched dental surgery
- Teeth removed without good cause
- Serious errors with regard to treatment
- Failure to correctly manage and identify gum disease
We understand that mistakes can happen in dental practice but we can assist you in recognising if you encountered dental negligence. Dentists usually have the relevant professional indemnity insurance to cover them if they have been negligent. If your dentist has caused you to suffer physically, mentally or financially, we can help. Please make an enquiry online or phone us and ask for a call back at a time that suits you.
Why choose Been Let Down?
By choosing Been Let Down, you can get some added peace of mind. Our skilled, highly experienced solicitors are experts in dental negligence claims and have supported clients across England and Wales. Here’s why you can rely on our expert team:
Get in touch
Get in touch with the team of lawyers at Been Let Down now and find out how we can help you. Once we’ve spoken on the phone to discuss your case, we’ll arrange a consultation and then work out how successful your dental negligence claim could be. We can take you through the process step by step and provide support and advice throughout.
Please call us on 0800 234 3234 or contact us and a member of our legal team will call you back.