When dental fillings go wrong

Dental professionals are expected to carry out dental work to a reasonable standard. This includes diagnosing tooth decay correctly, choosing the right filling material, explaining potential risks and performing the filling procedure properly. When dentists create fillings that are poorly fitted, incorrectly attached or carried out without proper assessment, problems can develop quickly or over time.

A dental filling procedure that goes wrong may result in persistent pain, infection, nerve damage or further decay beneath the filling. In some cases, patients are left needing root canal treatment, further treatment or even tooth extraction, all of which could have been avoided.

What is dental filling negligence?

Dental filling negligence occurs when a dentist fails to meet their duty of care and this directly causes harm. Not every complication is caused by negligent treatment, but a dental negligence claim may arise where the treatment fell below accepted standards.

Examples of dental filling negligence include:

• Leaving decay behind in the tooth cavity before placing the filling.
• Using an unsuitable filling material, such as the wrong white filling or amalgam fillings without justification.
• Failing to check the bite properly, leading to discomfort and damage.
• Poor hygiene during the filling procedure, increasing the risk of infection.
• Failing to diagnose original decay correctly, resulting in the wrong treatment.
• Not explaining alternative treatment options or potential risks.

When negligent treatment occurs, patients may experience unnecessary pain, worsening symptoms and avoidable injury.

Signs of a bad or failed filling

A failed filling or bad filling does not always cause immediate symptoms. Some issues appear within a few days, while others develop months or years later. Common signs include ongoing pain, sensitivity to hot or cold, discomfort when biting and swelling of the gums around the filled tooth.

Other symptoms that may indicate dental filling negligence include:

• Pain that does not settle after a few days.
• A filling falling out or becoming loose.
• Cracks or gaps around the filling.
• A tooth dying due to untreated infection.
• Secondary caries, where decay develops under the filling.
• Signs of infection, such as swelling or discharge.

If a tooth was filled incorrectly, bacteria can become trapped beneath the filling, leading to further decay and damage to the nerve.

Can a tooth decay under a filling?

Decay can develop under dental fillings if the filling procedure was not carried out properly. Secondary caries occur when original decay is not fully removed or when a filling is not correctly attached. This allows bacteria to enter the tooth and continue damaging the structure.

In cases like this, patients may require root canal treatment or a restorative solution such as a crown. If the decay is advanced, the tooth may not be saved.

When this happens as a direct result of negligent dental care, a claim for dental negligence may be possible.

Is the dentist responsible for a failed filling?

Dentists are not automatically responsible every time a filling fails. Fillings do not last forever and normal wear and tear is expected. However, a dentist may be responsible if the filling failed because it was done wrong, placed incorrectly or carried out without proper care.

A dental negligence claim may succeed if it can be shown that:

• The dentist did not meet a reasonable standard.
• The treatment was wrong or poorly executed.
• The injury or suffering was a direct result of that failure.

Our dental negligence solicitors work with independent dental professionals to assess whether the care provided fell below expected standards.

Common reasons for dental filling claims

There are several common reasons why patients pursue dental filling compensation claims. These include poor diagnosis, rushed procedures and inadequate aftercare. Easy treatments may be chosen when a more suitable alternative treatment should have been recommended.

Other common reasons include:

• Failure to take x-rays before treatment.
• Placing a filling too close to the nerve.
• Poor technique during the filling procedure.
• Ignoring patient symptoms after treatment.
• Failing to act when pain or infection is reported.

These issues can lead to prolonged suffering, additional cost and long-term dental problems.

What should a proper filling procedure involve?

A correct dental filling procedure should follow clear steps. The dentist should assess the tooth, confirm the presence of a cavity and remove all decay before placing the filling. Local anaesthetic should be used where appropriate to prevent unnecessary pain.

The filling material should be suitable for the location of the tooth, whether it is a back tooth or a visible area requiring a white filling or composite filling. The dentist should check that the filling is smooth, secure and comfortable, and provide advice on aftercare.

Failure at any stage of this process may amount to dental filling negligence.

What harm can negligent dental fillings cause?

Negligent dental fillings can lead to a wide range of injuries. These may include nerve damage, infection, ongoing pain and damage to surrounding teeth. In some cases, patients suffer psychological distress due to repeated dental work or fear of further treatment.

The cost of correcting negligent dental work can be high, especially where multiple procedures are required. Compensation claims may cover both physical injury and financial losses.

How the claims process works

The claims process for dental filling claims begins with an assessment of your case. We gather evidence such as dental records, x-rays and expert reports to establish whether dental negligence occurred.

If a negligence claim is supported by evidence, we will pursue the claim on your behalf. This may involve negotiating with the dentist’s insurer or, if needed, issuing court proceedings. Most dental negligence compensation claims are resolved without going to court.

We handle the claims process carefully and keep you informed at every stage.

Time limits for dental filling claims

There is a strict time limit for making a claim for dental negligence. This is known as the limitation period. In most cases, you have three years from the date you became aware that negligence caused your injury.

The time limit can be complex, particularly where symptoms develop slowly or where the patient only discovers the problem later. It is important to seek advice as soon as possible so that your right to claim compensation is protected.

How much compensation can I claim?

How much compensation you may receive depends on several factors. These include the severity of the injury, the level of pain and suffering, the impact on your daily life and any financial losses.

Dental negligence compensation may cover:

• Pain, suffering and injury.
• The cost of further treatment or corrective dental work.
• Travel expenses and additional costs.
• Loss of earnings where applicable.

We can give you clear guidance on how much compensation may be appropriate for your situation.

Do dental fillings come with a guarantee?

Dental fillings do not usually come with a formal guarantee. However, dentists are still required to provide treatment to a reasonable standard. If a filling falls out or causes problems because it was done wrong, you should not have to pay for corrective treatment caused by negligence.

If a dentist refuses to accept responsibility, you may wish to seek legal advice.

What should I do if I think my filling was done wrong?

If you believe your tooth was filled incorrectly, it is important to act promptly. Seek a second opinion from another dentist and request copies of your dental records. Keep notes of your symptoms, pain levels and any further treatment you receive.

Gathering evidence early can strengthen a claim for dental negligence. Whether your dentist left decay under a filling, failed to diagnose decay or gave you any other sub-standard treatment that resulted in pain and suffering to you, Cosmetic Surgery Solicitors can help.