Suing a Dentist for
Medical Negligence

If care from an NHS or private dentist has caused avoidable harm, you may be entitled to compensation. Our specialist solicitors will explain your options and support you at every stage – no win, no fee.

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When & Why You Might Sue a Dentist

Whether you receive care through the NHS or pay privately, all dentists must provide treatment that meets recognised professional standards. If poor care has left you with unnecessary pain, failed treatment, or the need for corrective work, you may be entitled to bring a claim.

Common reasons people sue a dentist include:

Misdiagnosis or missed diagnosis of decay, infection, or gum disease
Extraction errors, including removal of the wrong tooth
Delays in treatment leading to worsening symptoms
Poorly performed restorative or cosmetic procedures
Failure to identify signs of oral cancer or refer appropriately

Proving negligence requires showing that the care you received fell below an acceptable standard and that this caused you avoidable harm. If you are unsure whether your situation meets the legal test, our team can assess the evidence and advise you on eligibility.

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Am I Eligible to Make a Claim?

To bring a successful claim, four key elements must usually be proven:

1

Duty of care

The healthcare provider had a legal responsibility to care for you.

2

Breach of duty

The care fell below acceptable medical standards.

3

Causation

The harm you suffered was a direct result of that substandard care.

4

Damage

You experienced physical, emotional, or financial harm as a consequence.

Is there a time limit?

You usually have three years from the date of the incident or when you first realised negligence may have occurred. Exceptions may apply for children or those lacking mental capacity.

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The Claim Process

Suing a dentist can be complex, but we handle everything from start to finish. Here’s how it works:

1

Initial assessment

We review your symptoms, the treatment you received, and the likely issues in the care provided.

2

Medical records & expert evidence

Your dental records are obtained and reviewed by independent specialists who assess the quality of the work performed and the impact of any errors.

3

Letter of claim

A detailed claim is sent to the dentist or their insurer, outlining the failures and the harm suffered. They then have time to investigate and respond.

4

Negotiation and settlement

If liability is accepted, we negotiate compensation reflecting your pain, the cost of remedial treatment, and any financial losses. Most claims settle without going to court.

5

Court proceedings (if needed)

If the dentist disputes responsibility or offers an unfair amount, we may issue proceedings. Even then, many cases resolve before trial as more evidence is exchanged.

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Your Questions Answered

What kinds of problems count as dental negligence?

Dental negligence can involve poor technique, missed symptoms, incorrect treatment, and/or delays that lead to worsening conditions. This includes issues such as:

Nerve injuries
Failed root canal treatment
Incorrect fillings
Poorly fitted crowns or implants
Failure to diagnose gum disease

If the care fell below expected standards and harmed you, a claim may be possible.

Can I claim if cosmetic work went wrong?

Yes. Cosmetic dentistry must still meet professional standards, whether you had veneers, implants, whitening, braces, or other elective treatments. If a cosmetic procedure was carried out poorly or the outcome caused avoidable pain or long-term damage, you may be entitled to claim compensation.

How do I prove my dentist was negligent?

Evidence is crucial. This can include dental records, X-rays, photographs, treatment plans, correspondence, and receipts. Independent dental experts assess what should have been done and whether the standard of care was breached. Your solicitor arranges this part of the process and gathers all required evidence.

Is there a difference between suing an NHS dentist and a private dentist?

Both owe you the same duty of care. The main difference is who handles the claim. NHS negligence cases are managed by NHS Resolution, while private dentists claim through their indemnity insurers. In either scenario, you are entitled to pursue compensation if negligent treatment caused harm.

Can I claim if my dentist missed signs of oral cancer?

Yes. Dentists must be alert to symptoms of oral cancer and refer urgently if concerns arise. Delayed diagnosis can lead to complex treatment, poorer outcomes, or life-changing consequences. If warning signs were missed and this caused avoidable harm, a claim may be justified.

Can I bring a claim if I signed a consent form?

Yes. A consent form does not excuse negligent treatment. Consent simply shows that you understood the risks, not that your dentist can ignore professional standards. If the procedure was carried out poorly or key information was not explained properly, a claim may still succeed.