In the aftermath of an accident or episode of medical negligence, claimants need prompt and easy...
If negligent dental treatment has harmed your health, our clinical negligence solicitors can advise on a claim for the cost of putting it right and for the effect it has had. Free initial consultation, no obligation.
Dental treatment that goes wrong is expensive to correct. Restorative work can run into thousands of pounds, and it will need maintaining afterwards.
If you have been harmed by treatment that fell below the proper standard, whether by a dentist, a dental hygienist, an orthodontist or an implantologist, you may be entitled to compensation for the cost of remedial treatment, for the pain and suffering involved, and for the wider effect on your life.
We act for claimants across the UK in claims against NHS and private dental practices. Our medical negligence solicitors are on the panel of Action against Medical Accidents (AvMA). Call 01689 887801 or request a callback, and our team will get back to you.
Do I have a dental negligence claim?
You may have a claim if dental treatment fell below the proper professional standard and caused harm that competent treatment would have avoided. A disappointing result is not automatically negligence. You should have been warned of the risks before you agreed to treatment.
A claim requires two things. The treatment must have fallen below the standard of a responsible body of professional opinion, measured against the standards the General Dental Council sets out in Standards for the dental team, nine principles that every dental professional must follow. And that failure must have caused harm competent treatment would have avoided.
In practice, most dental negligence claims arise from one of three things: something that should have been spotted and was not, something that was done badly, or something that was done without the patient properly understanding what they were agreeing to.
Types of dental negligence we handle
Missed or delayed diagnosis
Failure to detect and treat periodontal (gum) disease, failure to identify decay beneath existing restorations, and failure to spot or refer a suspected lesion, whether by the dentist or by a GP. Undiagnosed gum disease is a frequent category of claim, and the consequences are often not reversible by the time it is picked up.
Extraction and oral surgery errors
Extraction of the wrong tooth, damage to adjacent teeth, retained root fragments, and nerve injury. Wrong tooth extraction was formerly classified by NHS England as a never event and was removed from that list in April 2021. NHS England says such incidents should still be reported as patient safety incidents. It remains a clear instance of negligence where it occurs, but it is no longer nationally reportable in that category.
Restorative and crown and bridge work
Poorly fitting crowns, bridges and veneers, and failures in root canal treatment including perforation, incomplete treatment and instrument fracture.
Dental implant claims
Implants placed without adequate assessment or planning, implants placed where the site was unsuitable, and implant failure not diagnosed or addressed.
Orthodontic claims
Treatment carried out where it was not indicated, failure to monitor, and failure to plan for or fit retention, a frequent cause of relapse after years of treatment.
Anaesthetic and sedation errors
Injury caused during administration, and inadequate monitoring under sedation.
Consent failures
Treatment provided without an explanation of the material risks or of reasonable alternatives, including, in implant and cosmetic work, whether treatment was indicated at all.
Cosmetic dentistry claims
Veneers, whitening and “smile makeover” work carried out where it was not indicated, or without adequate assessment.
Is complaining to the GDC the same as making a claim?
No. The GDC regulates dental professionals; it does not compensate patients.
The General Dental Council is the statutory regulator for dental professionals across the UK. It sets standards, investigates concerns about fitness to practise, and can restrict or remove a registration. Its own guidance is explicit: “We cannot resolve complaints or help with refunds. Our investigations are about assessing dental professionals’ fitness to practise dentistry”.
The routes are therefore separate, and you can use more than one:
Raise it with the practice first. Every practice must display its complaints procedure where patients can see it. A practice can offer a refund or remedial treatment, and many matters are resolved at this stage.
For NHS treatment, the NHS complaints process applies, normally within 12 months of the incident or of becoming aware of it, with the Parliamentary and Health Service Ombudsman as the next stage.
For private treatment, the Dental Complaints Service is a free and impartial service covering private dental care across the UK. It is funded by the GDC but operates independently, and can support discussions leading to a refund or remedial treatment. It does not provide legal advice.
A compensation claim is the only route that provides damages for the harm itself and for consequential losses, and it is the route we deal with.
A complaint and a claim can run in parallel, and a complaint response often produces the records and admissions a claim needs. Tell us if you have already complained.
How much compensation could I claim for dental negligence?
Compensation is made up of two parts, and in dental claims the second is frequently the larger.
General damages compensate for the injury itself: pain, suffering and loss of amenity, including the effect where the appearance of your teeth has been permanently altered.
Special damages compensate the financial consequences, known as the heads of loss:
the cost of remedial and restorative treatment, including implants, bridgework and orthodontic correction, which in significant cases runs to five figures
the cost of ongoing maintenance of that remedial work over a lifetime
refund of the fees paid for the negligent treatment
loss of earnings for time away from work for treatment
travel to appointments
Lifetime maintenance is easy to leave out, and it matters: remedial work has a finite life and will need replacing. A claim that recovers the cost of the first remedial treatment but not the cost of maintaining it leaves the client short. We evidence both, with an expert report on the cost.
How a dental negligence claim works
Free initial consultation. No charge, no obligation, to establish what happened and whether investigation is worthwhile.
Records. Your full dental records, charting, radiographs, treatment plans, consent documentation and correspondence, from every practice involved.
Independent expert evidence. A dental expert in the relevant field reports on whether the treatment met the proper standard, and a further report addresses the remedial treatment needed and its cost.
Letter of claim. The claim is set out formally in accordance with the pre-action protocol, the procedure the courts expect before proceedings are issued.
Negotiation. Most claims are resolved without formal legal proceedings: NHS Resolution reported that 84% of clinical negligence claims were resolved without them in 2025/26.
Proceedings, if needed. Where a fair resolution cannot be reached.
Dental negligence claim time limits
Under the Limitation Act 1980, the general limit is three years from the date of the negligent treatment or, if later, from the date you first knew you had a significant injury and that it was attributable to the treatment.
Dental cases turn on the date of knowledge more often than most. Undiagnosed gum disease, decay under a crown or a failing root canal may only come to light years later, when a new dentist takes radiographs. Where that is your situation, the three years is likely to run from that appointment rather than from the original treatment, so do not assume you are out of time.
For a child, the three years runs from their eighteenth birthday, which matters in orthodontic claims where treatment often takes place in the teenage years. Where a patient lacks capacity to conduct proceedings, time does not run while that continues.
No win, no fee: funding a dental negligence claim
Most dental negligence claims are funded by a conditional fee agreement, known as no win, no fee. Nothing is payable upfront and, if the claim does not succeed, you do not pay our fees.
If it succeeds, most of our costs are recovered from the defendant, and a success fee comes out of your compensation. By law that success fee cannot exceed 25% of your damages for pain, suffering and loss of amenity and your past financial losses, after any benefits repayable to the Compensation Recovery Unit have been taken off. That cap applies however the claim ends, and the fee is never taken from compensation for future losses such as the future cost of maintaining remedial treatment. You would also be responsible for disbursements such as expert and court fees, and for any costs order made against you, which is what after the event insurance is for. We will set out all of it in writing before you sign anything.
Also worth checking: legal expenses insurance, often included with home or motor insurance, which can mean no deduction from your damages; and after the event insurance, whose premium relating to expert reports can be recoverable in clinical negligence.
Frequently asked questions about dental negligence claims
Am I eligible to make a dental negligence claim?
If you were harmed by dental treatment that fell below the proper standard, you may be. The time limit is usually three years, often running from when you first found out rather than from the treatment. The records need reviewing and a dental expert instructed. The first conversation costs nothing.
Can I claim against a private dentist?
Yes. The claim is brought against the practitioner or the practice and whoever provides their indemnity cover. Where you paid for the treatment you may also have contractual rights, including to a refund of the fees.
Can I claim if my gum disease was never diagnosed?
You may be able to, if a practitioner you saw regularly failed to diagnose and treat periodontal disease and you suffered harm as a result. The three-year time limit often runs from when a new dentist explained the position, not from the original appointments.
I have moved dentists. Can I still get my records?
Yes. You are entitled to your dental records, including radiographs, from every practice that has treated you, and we obtain them as a routine first step.
How much compensation will I receive for dental negligence?
There is no standard figure. In many dental claims the cost of remedial treatment and its lifetime maintenance is the largest element, so the answer depends on what putting things right will actually cost. We evidence that with an expert report.
Will the GDC make my dentist pay compensation?
No. The GDC deals with fitness to practise and states that it “cannot resolve complaints or help with refunds”. Only a claim, or an agreement with the practice, produces compensation.
How long will a dental negligence claim take?
Often quicker than other clinical negligence claims, because the records are more contained and the expert evidence more focused. We will give you a realistic timetable for your own case once we have the records.
Start your dental negligence claim. Speak to our team
If dental treatment has harmed your health and you want to know whether it fell short, tell us what happened. We will tell you whether we think it is worth investigating.
Our clinical negligence team is led by Alex Wormald, a partner ranked by Chambers and Partners. Our case studies show the kinds of claim we take on.
Call 01689 887801 or request a callback. The first conversation is free, confidential and carries no obligation.