What is dental negligence?

Dental negligence is when a dentist fails to take the necessary precautions during or after a dental procedure, resulting in harm (either bodily or psychological). Negligence is deemed to have happened when a dentist operates improperly or inappropriately and causes the patient to suffer avoidable injury.

Negligence claims are not always just linked to physical injury; it also includes financial loss and emotional distress brought on by dental care that is below the standard it should be. If you believe that your dentist has been negligent you may be able to bring a legal claim against them.

If you are unsure whether your dental treatment was negligent, contact our team today.

Why choose us for your dental claim?

Cosmetic Surgery Solicitors was the first legal practice in England and Wales to focus exclusively on cosmetic surgery, beauty treatments and negligent dental treatment. Established in 2005, we have extensive experience supporting people who have experienced poor dental care. This specialist focus allows us to provide clear, informed guidance at every stage of a dental negligence claim.

As experienced dental negligence claims solicitors, we understand both the legal and clinical issues involved in these cases. Our in-depth knowledge enables us to identify substandard treatment, gather robust medical evidence and present strong, well-prepared claims on your behalf.

We are proud to hold an ‘excellent’ Trustpilot rating, reflecting the trust placed in us by those we represent. To date, we have secured more than £10 million in compensation for people affected by dental negligence. We also work on a no win, no fee basis, meaning you can pursue a claim without financial risk.

Our dental negligence team is led by Russell Sutton, a recognised authority in this area of law. With a 95% success rate in cases pursued after obtaining medical evidence, we are well placed to help you achieve a successful outcome to your dental negligence claim.

Types of dental claims

Our specialist dental negligence solicitors have experience handling a wide range of claims arising from substandard dental treatment. We understand how poor dental care can affect your oral health, appearance and overall wellbeing, and we are able to assess whether the treatment you received fell below an acceptable standard.

We regularly act in dental negligence claims involving the following procedures and issues:

• Dental restoration: including poorly planned or executed restorative work that leads to ongoing pain, infection or further treatment.
• Fillings and crowns: where incorrect fitting, unsuitable materials or inadequate aftercare result in damage, discomfort or the need for repeat procedures.
• Root canal surgery: claims arising from missed canals, perforations or untreated infection causing persistent pain or tooth loss.
• Unnecessary tooth extraction: where a tooth is removed without proper clinical justification or informed consent.
• Poor management of gum disease (periodontal health): including failures to diagnose, monitor or treat periodontal disease, leading to avoidable tooth loss or deterioration in oral health.
• Nerve damage during teeth extraction: where avoidable injury causes ongoing numbness, altered sensation or pain.

If your experience is not listed above, our solicitors can still assess your situation and advise whether you may have grounds to pursue a dental negligence claim.

Cosmetic dental claims

Cosmetic dentistry is also becoming increasingly common and accessible, providing a solution for individuals who may have struggled with low self-confidence as a result of their appearance.

We have helped clients to claim dental compensation when they have undergone cosmetic dentistry that has gone wrong. Procedures we often deal with include:

• Dental implants
• Teeth whitening
• Veneers
• Porcelain crowns
• Orthodontic treatment (braces)

How long does a dental negligence claim take?

Every dental negligence claim is different, which means there is no standard timescale for the claims process. At Cosmetic Surgery Solicitors, we are committed to dealing with each case individually in order to deliver a personalised and tailored service.

However, if you are concerned with the length of time your case might take, speak to our team today, who will do their best to give you an estimate based on your circumstances.

What are the signs that my dental surgery has gone wrong?

Dentists and dental technicians have a duty of care to protect their clients when carrying out surgery or other procedures. Unfortunately, this is not always adhered to, resulting in errors during dental surgery that can have a significant impact on the patient’s life.

When this happens, patients may be left in urgent need of extra care and legal support. In these cases, it may be possible to make a claim for dental compensation.

The following errors could indicate negligence on the part of the dentist or cosmetic dentist:

• Nerve damage to the patient’s teeth, which may result in a loss of dental mobility or sensation
• Inadequate root canal surgery
• Failure of dental implants.
• Extraction of the wrong tooth or too many teeth
• Failure to manage and treat tooth decay
• Inadequate fillings
• Inadequate crowns
• Failure to manage gum disease and periodontal disease

If you are suffering from any of these issues, our specialist dental solicitors can help. Even if your symptoms are not listed above, we may still be able to take on your case, and advise you to contact us.

How can we help with your dental negligence claim?

Because we have specialised in this area of the law for so long, our experienced dental solicitors can lead you through the claims process with the minimum of hassle and disruption to your life. We pride ourselves on the depth of our knowledge and the manner in which we work, making sure you have everything you need to improve your quality of life.

Our priority will always be to secure the best possible outcome for you, while offering the support and sensitive guidance you will need at what is often a difficult time.

FAQs about cosmetic dentistry claims

Do I have a dental negligence claim?

In most cases, dental negligence takes place during your diagnosis or treatment. You may have a claim for dental negligence if any of the following things have harmed your physical health or quality of life.

• Periodontitis (gum disease) that has developed because your dentist failed to properly identify it and treat it in a reasonable amount of time.
• Implants that have been improperly or insufficiently fitted because of a major error or oversight on your dentist's part.
• Methods for teeth whitening, crowns, bridges and veneers that are poorly done.
• Complications that could have caused nerve and gum injury during tooth extraction treatments. (In extremely rare circumstances, the incorrect tooth may have even been extracted.)

It is important to note that not every unsuccessful dental procedure is the result of negligence on the part of your dentist.

One of our dental negligence solicitors will be able to provide you with a more knowledgeable response about whether or not you have a solid claim - get in touch with us and provide more precise information about your situation. This will be one of our first goals since your claim needs to be supported by verifiable proof in order to be accepted.

When does dental treatment become a dental negligence claim?

Dental treatment may become a dental negligence claim when the care you receive falls below an acceptable professional standard and this directly causes you harm. You may be entitled to seek compensation if an error, omission or poor clinical judgement during diagnosis, treatment or aftercare has resulted in an injury, worsened an existing dental condition, or led to avoidable pain, distress or financial losses.

It is not enough for a dental outcome to be disappointing. To qualify as dental negligence, it must be shown that the treatment provided was substandard and that this directly caused the harm you experienced. This may include failures to diagnose or treat dental conditions appropriately, incorrect treatment planning, or inadequate advice and aftercare.

Claims are not limited to the actions of dentists alone. Dental negligence can arise from substandard care provided by a range of dental professionals, including:

• Dental hygienists
• Orthodontists
• Other members of the wider dental team involved in your care

If negligent treatment was provided by any dental professional involved in your care, you may be entitled to pursue compensation. An experienced dental negligence solicitor can assess whether the standard of care fell below what should reasonably be expected and advise you on your options.

What are the most common dental treatment mistakes?

The number of patients who do discover that their dentist has made a mistake with their care is quite small when compared to the number of people who are effectively treated by dentists every year without incident. These mistakes do occasionally occur, however, and the patient may suffer harm as a result or require significant additional dental work to correct the issue. Every aspect of a patient's life may be impacted if a dentist makes a mistake and causes them to suffer greatly or permanently.

Dentists sometimes make mistakes in the following areas, for example:

Diagnosis

You might be eligible to file a claim for compensation if it turns out that you have a dental or oral condition that your dentist failed to properly identify and that subsequently gets noticeably worse.

Dental injuries

You might be eligible for compensation if your dentist injured your teeth, gums, jaw, face or other body parts while treating you - possibly by handling equipment improperly.

Not obtaining consent

You may be able to file a claim for dental negligence if your dentist fails to adequately explain a dental procedure or dental treatment plan, your options, or the dangers of each decision so that you may give informed consent.

Can I make a claim on someone else's behalf?

Yes, it is possible to bring a dental negligence claim on behalf of someone else in certain circumstances. This commonly applies where the person affected is a child or an adult who lacks the mental capacity to manage their own legal affairs. In these situations, a parent, guardian or appointed representative can act on their behalf to pursue compensation for negligent dental treatment.

Our specialist dental negligence solicitors are experienced in handling claims for children and protected adults, prioritising their best interests at every stage. We will guide you through the process clearly and sensitively, dealing with the legal requirements while working to secure the appropriate compensation and support for the person you are representing.

What are the time limits for making a dental negligence claim?

Here are the same points rewritten with varied structure and wording, while keeping the legal meaning clear and accurate:

There are some situations where the usual time limits for bringing a dental negligence claim do not apply. These include:

• Claims involving children: a claim can be made on behalf of a child at any time before they reach the age of 18. Once they turn 18, the standard three-year limitation period begins to run.
• Claims for people who lack mental capacity: if a claim is brought on behalf of someone who does not have the mental capacity to manage their own legal affairs, there is no limitation deadline while they remain without capacity.
• Delayed awareness of negligence: in some cases, it may not be immediately apparent that dental treatment was negligent. Where it is accepted that you could not reasonably have known about the negligence at the time, the three-year time limit may start from the date you became aware, or should reasonably have become aware, of the issue.

How long do dental negligence claims take?

The resolution of dental negligence claims can take several months to several years (depending on the severity of your injury and whether or not your NHS or private dentist accepts responsibility). Most cases are resolved quickly, however; more complex cases involving larger claims may take longer.

What is the dental negligence claims process?

To determine if you can file a claim for dental negligence, the first step is to schedule a free initial consultation with one of our experts. Then, our team will compile proof of negligence, including gaining access to your medical records.

Also, we will seek the opinion of an impartial medical expert to determine whether the dental care you received was negligent. They will write a report on your present and future needs to support your compensation claim. The negligent party will then be confronted with this evidence to determine whether they are willing to accept blame. If they do, we can typically settle the claim without going to trial. If they refuse to take responsibility, we will begin court proceedings to prove their negligence.

Can I make a claim for nerve injury after dental surgery?

Damage to the nerves might occur during oral surgery if your surgeon performs negligent treatment. After receiving dental care, if you experienced a nerve injury, you might be eligible for compensation.

The following are common signs of nerve damage:

• Pain in the jaw, cheek, forehead, or eye
• Feeling of burning in the jaw
• Loss of feeling
• Tingling in the jaw or mouth
• No power to control saliva
• Pulling or tugging sensation on the tongue

These wounds can cause excruciating agony that gets worse when you speak, chew, smile, move your head, or even when you stand in a breeze.

We can help you make a dental negligence claim against your surgeon.

How much compensation could I claim for dental negligence?

The amount of compensation you may be entitled to claim for dental negligence will depend on the specific circumstances of your case. This includes the type of negligent dental treatment involved, the extent of the damage caused, and how it affects your everyday life now and in the future. Any settlement should take account of both the immediate impact and any ongoing consequences.

There is no standard or “average” award for dental negligence. Each claim is assessed on an individual basis, as people can experience very different outcomes from similar dental procedures. Compensation is therefore tailored to reflect your unique needs and the effect the negligence has had on you.

Compensation for dental negligence is generally divided into two main categories:

General damages

Compensate for the injury itself and its impact on your quality of life, including:

• Pain, discomfort and sensitivity caused by negligent dental treatment.
• Nerve damage leading to altered sensation, numbness or ongoing pain.
• Psychological impact, such as loss of confidence or anxiety about dental treatment.
• Loss of amenity, including difficulties eating, speaking or enjoying normal daily activities.

Special damages

Cover the financial losses and expenses linked to the dental negligence, such as:

• The cost of corrective or remedial dental treatment.
• Fees for private dental care or specialist treatment.
• Travel expenses related to appointments and treatment.
• Loss of earnings if you have needed time away from work.
• Anticipated future costs, including ongoing dental care or further restorative treatment.

As compensation depends on the full details of your situation, it is difficult to determine how much you could claim without specialist advice. A qualified cosmetic dentistry compensation claims solicitor can assess the dental evidence, understand the impact on your life, and ensure the compensation sought fully reflects both your current and future needs.

What can I do if I'm unhappy with my dental treatment?

Depending on the circumstances, you may be able to pursue a number of options if you're unhappy with dental care that you received in England or Wales.

You might just want to go back to your dentist so they can fix the problem if the dental care you had was not satisfactory because you did not think the treatment was effective. For instance, if you get a crown or filling placed and it comes out after a few weeks or months, you may typically visit your dentist again and they will do the surgery once more at no cost to you.

However, if your treatment was unsatisfactory due to dental negligence, you may be entitled to claim compensation.

What evidence do I need for cosmetic dentistry error claims?

You may find it challenging to compile your own proof for a dental negligence claim. It is advised that your solicitor acquire the necessary proof for your claim on your behalf because this area of law is so complex. They will have access to your dental records and any information that demonstrates the care you received was subpar.

The proof you can compile on your own will include receipts for any out-of-pocket costs you incurred as a result of the carelessness, such as the price of additional dental care needed to fix the harm the negligent act created. Due to the negligence, you might have missed work or been unable to work.

Getting help from our medical negligence claims solicitors

UK law gives people who have experienced substandard dental care the right to pursue compensation where negligent treatment has caused harm. Our specialist dental negligence compensation claim solicitors use their detailed understanding of this legal framework to assess whether the treatment you received fell below an acceptable standard and whether it has directly affected your oral health, appearance or quality of life.

We provide comprehensive support throughout your claim, from obtaining dental records and arranging independent medical evidence to establishing liability and accurately valuing your compensation. Our solicitors manage all aspects of the legal process on your behalf, ensuring your case is prepared carefully and progressed efficiently.

In addition to legal representation, we offer clear and practical cosmetic dentistry claims advice, helping you understand your options and what to expect at each stage. By acting quickly and decisively, our team works to secure appropriate compensation that reflects both the impact of the negligence and any ongoing or future dental treatment you may require.