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Last Updated 16th February. In this guide, we’ll look at how you could make a dental nerve damage claim for harm caused at the dentist. When you seek medical attention, you’re entitled to receive a minimum standard of care.
This duty of care applies to all areas of medicine, so you’re just as entitled to the right level of care when you go to the dentist as to when you visit A&E. What’s more, it applies whether you’ve sought treatment through the NHS or a private healthcare facility.
A nerve injury in the mouth could cause a great deal of pain and suffering. In addition to this, it might cause you to lose out financially. For example, you might have to take time off work as you recover, resulting in you not being paid.
You could be refunded these amounts as damages in a successful clinical negligence claim against the dental practice that injured you. To find out more and start your compensation journey, can call our advisors now on 0800 073 8804 or get in touch online at Legal Expert for free legal advice. Alternatively, you could use the ‘live support’ option bottom right to this screen.
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When dental nerve damage goes wrong, the results can be extremely painful. There are a number of different nerves in the mouth that could be damaged, according to the NHS. These include:
There are also nerves inside the teeth. If a tooth gets cracked or broken, the nerve can become exposed. This makes it very sensitive to hot or cold, but also to air. The resultant pain can be constant and daily.
Yes, nerve damage can permanently cause pain, numbness and muscle weakness. If your facial nerves have been affected, you may find that your facial movement is limited. This can make daily tasks, such as eating, much more difficult. In severe cases, your neck movement may also be restricted.
In addition, there can be a cosmetic effect, as it can become difficult to smile or show expression as you used to. This may have a psychological impact, as adapting to the change can be difficult.
As part of a dental nerve damage claim, legal professionals can assess the future impact of your injuries. Get in touch with one of our friendly advisors to further discuss how compensation reflects the various issues associated with nerve damage.
If you’ve experienced dental nerve damage, there are a number of symptoms you might experience. You might experience pain as a result, and in some cases can experience numbness. This numbness can be complete, but it can also be partial.
You might also experience paraesthesia, which is a tingling or “pins and needles” sensation. This could be apparent in your cheek or lower jaw.
In addition to this, you could experience trigeminal neuralgia. This is where the trigeminal nerve (which supplies sensation to the face) is compressed. It causes sharp, shooting facial pains.
For more information on whether your injuries entitle you to make a dental nerve damage claim, speak to one of our advisors. If your claim is valid, you could be connected with a No Win No Fee solicitor to work on your claim.
There are several aspects of a dental procedure that can result in nerve damage:
When you seek medical attention for any of the above, there’s a chance that you could experience a dental nerve injury. However, you should be informed of this risk, and your dentist should act in a way that ensures the right level of care is administered.
If they fail to do so, and you’re injured as a result, you may be able to claim. Speak with one of our advisors today for more information on making a dental nerve damage claim for harm caused by dental negligence.
Let’s take a more detailed look at some common causes of dental nerve damage:
Root canal treatments can be used to save a decayed or infected tooth. The dentist will remove the nerve and pulp from the tooth before sealing it. This can cause nerve damage.
Nerve injuries can occur as a result of a tooth extraction that was not performed negligently. However, your dentist will have had to tell you about the risks of this. Furthermore, your dentist might have acted negligently if they did not consider the position of the nerves in the surrounding area before beginning the procedure.
Tooth implants can be drilled into the jaw bone to replace teeth that have been lost. Nerve injury can occur if the dentist drills too far into the bone or if the implant is too long, causing it to press on the relevant nerve.
The list above is not exhaustive. If your dentist has caused nerve damage to you in a way we have not mentioned above, you may be able to claim. Speak to an advisor today for more information about your eligibility to make a dental nerve damage claim.
Dentists have a duty of care to provide a minimum standard of care. This is a legal requirement that they share with all other areas of medicine.
When you’re under the care of a dentist, you should expect that they’ll act in a way that avoids you coming to unnecessary harm. You also need to be fully informed of the treatment you’re undergoing.
It’s important to note that not every instance of nerve damage resulting from dental surgery will be an example of negligence. In some cases, the dentist treating you might be delivering the correct standard of care, but an injury occurs despite this. If this is the case, you would not be able to claim.
However, if you feel that the right level of care was not delivered and you were injured as a result, you may be able to make a dental nerve damage claim. Speak with an advisor from our team today to find out more.
As a dental patient, you have certain rights. These are outlined by the General Dental Council. For example, you should know the following before you undergo a dental procedure:
You should also feel like you’ve been given enough information to make an informed decision about the treatment you’re undergoing. In the event that your dental procedure involves an appliance, the statement of manufacture should be offered to you.
If your dentist has breached the duty of care that they owe you, and you’ve been harmed as a result, you may be able to claim. Call our team of advisors today for a free, no-obligation assessment of your claim’s value.
The time limit for most claimants is generally a period of 3 years, starting from the date on which negligent dental treatment was given. In some cases, it is not immediately apparent that nerve damage resulted from substandard care. Therefore, the time limit may begin from the date on which you became aware that the treatment did not meet the necessary standards. The Limitation Act 1980 sets out the legal time limit.
There are certain cases in which the affected person cannot bring a claim during this period. For instance, they may be mentally incapacitated or below the age of 18. In these cases, the time limit will be suspended until the harmed party can manage a claim, giving them a 3 year window in which to get legal proceedings started from that date. However, a litigation friend can bring forward a claim on their behalf at any time during this suspension.
Get in touch with an advisor to confirm the time limit for your case and check whether you can sue a dentist for nerve damage. Their advice is offered free of charge and without any pressure to make a claim following an enquiry. Why not contact them to find out more about your legal rights?
There are two heads of claim that are typically awarded in dental nerve damage claims. Firstly, general damages compensate you for the pain and suffering caused by medical negligence. Additionally, if your injury has caused you to endure a loss of amenity, which is a loss of enjoyment, this can be included in your dental negligence award settlement.
The Judicial College Guidelines (JCG) is used by legal professionals to help value the general damages portion of dental negligence compensation settlements.
The JCG features guideline award brackets for various types of harm, including both physical and psychological harm. We have taken some figures from the JCG to create the table below, except for the first figure. However, please only use the figures below as guidance.
| Injury | Severity | Award bracket |
|---|---|---|
| Multiple Severe injuries with Special Damages | Severe facial injuries with related costs, such as lost earnings, corrective surgeries and painkillers | Up to £500,000+ |
| Jaw fractures | Prolonged treatment and severe pain, eating restrictions, paraesthesia and arthritis risk. | £37,210 to £55,570 |
| Jaw fractures | Serious fractures with eating difficulty or paraesthesia. | £21,920 to £37,210 |
| Jaw fractures | Simple fracture | £7,880 to £10,660 |
| Tooth damage | Significant chronic pain | Up to £46,540 |
| Tooth damage | Serious damage or loss of front teeth | £10,660 to £13,930 |
| Tooth damage | Loss or serious damage to the two front teeth | £5,310 to £9,310 |
| Cheekbone fractures | Serious fractures and paraesthesia | £12,450 to £19,260 |
If you have any questions about the compensation you could receive, please get in touch using the details provided above.
In addition to the general damages that can be calculated to address your health impacts, other expenses can be included under a part of your claim called special damages. For example, you may:
If this is the case, the costs or losses you have experienced could be included in your claim. However, you should provide evidence of these costs in order for them to be included in your claim.
For more information on the things that can be covered under a special damages claim, get in touch with an advisor today. They could go through the repercussions your injury has had on you and accurately assess the value of your claim.
In our example* case study of a dental nerve damage claim, Mrs Jones received a settlement of £50,000. A dentist failed to take adequate care when drilling for a tooth implant. They drilled too far into the bone, causing permanent damage to her facial nerves.
This compensation payout can be broken down into £25,000 in general damages for a damaged tooth, facial scarring and psychological harm. She also received £25,000 in special damages as she recovered financial losses related to time taken off work, private corrective dental care and therapy.
Although you may find this case study useful, you may be interested in discussing your own claim for dental nerve damage compensation. Our advisors are available to help you with any questions you may have. You can even ask them for a tailored estimate of what your compensation would likely cover.
Whilst you do not legally need the services of a lawyer when making a dental nerve damage claim, it makes much more sense to work with a professional who has the expertise to help you get more money from your claim. Their guidance could also help the claims process run much more smoothly.
Traditional methods of hiring a solicitor can mean paying an amount each month on account or by the hour. No Win No Fee agreements with lawyers differ in that they do not ask for any payment at all upfront or while the claim is ongoing.
If the case fails, there is nothing to pay at all. Under a No Win No Fee agreement, you’ll only pay a small amount to your solicitor if your claim is successful. This is referred to as a “success fee”.
If you’d like to know more about No Win No Fee agreements or to find out if you could be represented on this basis, call us today. If your claim is valid, you could be connected with a No Win No Fee lawyer from our panel.
Thank you for reading this guide. We hope that it has helped to clarify how you can move forward with a claim for dental nerve damage. If you have any questions about starting your claim, please feel free to get in touch. Our team are happy to help. You can:
Below, we’ve included some additional resources that we hope you find useful:
10 things to know about medical negligence claims
Frequently asked questions about dental negligence claims
9 principles of the General Dental Council
Below are some frequently asked questions around this subject. Please feel free to get in touch if we can offer any guidance in addition to these points:
Dental nerve damage can cause pain. However, it can also result in a loss of feeling or a tingling sensation.
Some nerve damage gets better on its own. However, if your condition doesn’t improve, you may need surgery.
Yes. This can happen as a result of dental treatment that is performed correctly. However, it could also happen as a result of negligence. If you suspect the latter, speak with us today to find out whether you could make a dental nerve damage claim.
*Thank you for reading our example case study on making a dental nerve damage claim.
