By Stephen Hudson. Last Updated 24th April 2025. In this guide, we will explain how to sue a dentist for dental negligence, as well as set out the specific criteria your case must meet in order for you to have a valid dental negligence compensation claim.
Furthermore, this guide will explore the time limits for initiating legal proceedings that need to be adhered to for dental negligence claims. We will also provide example scenarios of negligent dental treatment that could give rise to a valid claim.
Additionally, we will explain how compensation is calculated for a dental claim against a negligent dentist as well as explain the different heads of loss that could be awarded for a successful dental negligence claim. This includes the effects of a physical injury or any impact on your mental health. This guide will end by sharing the various advantages of making your claim with one of our experienced No Win No Fee dental negligence solicitors.
To learn how to sue for compensation, you can contact a member of our advisory team today. They can be reached 24 hours a day, and can also help you answer any question you may have about claiming dental negligence compensation. To reach them, you can:
- Call 0800 073 8804.
- Fill in our “Contact Us” form for a callback.
- Use our live chat.
Select A Section
- How To Sue A Dentist For Negligence
- On What Grounds Can I Sue A Dentist?
- How To Prove A Dental Negligence Claim
- How Much Compensation For Dental Negligence Claims?
- How To Sue A Dentist With A No Win No Fee Solicitor
- Learn More About The Dental Negligence Claims Process
How To Sue A Dentist For Negligence
As trained healthcare professionals, all dentists, whether private or providing NHS services, have a duty of care to provide dental care that meets the correct standard. A failure to meet this standard can cause the patient to experience avoidable harm and would be classed as a breach of their duty of care.
In order to sue the dentist after they provided substandard treatment, you will need to show the following:
- You were owed a duty of care.
- The dentist breached this duty by failing to provide care that met the correct standard.
- This failure caused you to suffer avoidable harm.
For more advice on how to sue a dentist, or to get a free eligiblity consultation for your potential dental negligence claim, get in touch with our advisory team today.
Time Limits To Sue A Dentist
Dental negligence claims are, in most cases, subject to a time limit of 3 years. This can run from the date the dental negligence occurred or the date you first became aware of it, otherwise known as the date of knowledge. This time limit is set out by the Limitation Act 1980.
In certain circumstances, such as cases where the injured person is a minor or those with a reduced mental capacity, exceptions to the 3-year limit can apply.
To learn what these exceptions are or to ask any questions regarding how to sue a dentist for dental negligence, you can contact a member of our team.
On What Grounds Can I Sue A Dentist?
There are a number of circumstances that could arise where you may be able to sue a dentist for dental negligence. Some examples of dental negligence cases may include:
- The dentist took the wrong tooth out during a removal surgery. This not only delayed the treatment of the infected tooth they were meant to originally remove but could cause further pain and complications due to the wrong tooth being removed.
- You suffered dental nerve damage after the dentist fractured teeth in a dental error. The damaged teeth had to be removed in a subsequent procedure.
- During your surgery, the dentist damaged surrounding teeth causing further injury. As well as the substantial cosmetic impacts of this, one of the damaged teeth developed a painful dental abscess, necessitating further removals.
These are only a few examples. To check the validity of your dental negligence case, you can contact a member of our advisory team.
Can I Sue An NHS Dentist?
Yes, you can sue an NHS dentist. You may be hesitant to act against the NHS since it is a public body. However, you need not worry, as the NHS maintains a separate fund to cover compensation claims. Therefore, if your dental negligence claim is successful, you will receive compensation from the NHS Resolution.
On the other hand, if you wish to sue a private dentist, it is necessary for them to have some liability insurance. Therefore, if your claim against them succeeds, you will receive compensation from their insurance.
The process of claiming against an NHS dentist and a private dentist doesn’t differ much, apart from the entity you sue. You may be wondering how long it would take you to receive a settlement. In both cases, this would depend on the following factors?
- Extent of injuries
- The complexity of your claim
- Whether the dental practitioner accepts liability.
- Negotiations over the compensation amount
- How strong your evidence is
- Whether your claim goes to court.
Irrespective of whether your claim is against the NHS or a private dentist, you can seek guidance from us. Speak to our advisors and experts now for more information on how to sue a dentist.
How To Complain About Negligent Dental Care
As well as making a claim, you can also complain about dental treatment if you feel the care you received did not reach the correct standard. How you do this will depend on whether you are complaining about a public or private dental practice.
You can also contact our advisors to learn more about a dental negligence compensation claim.
How To Prove A Dental Negligence Claim
When suing the dentist for dental negligence, you will need to have sufficient evidence that proves the harm you suffered and that your dentist was liable for failing to adhere to their duty of care.
Some examples of evidence that could be used to help support a dental negligence claim include
- Medical records, such as your dental records, can be used to show any additional treatment you require. Your dental records may also include X-rays of your teeth.
- The contact details of anyone who witnessed your negligent treatment, for example, if a family member attended your dental appointment with you.
- Photographs of the visible effects of your harm.
- A personal diary where you have recorded your symptoms and treatment.
- Evidence of any financial losses you have suffered due to dental negligence, such as an invoice for further dental treatment.
It may seem daunting to collect all the evidence you need to sue a dentist. This is why, if you are connected with one of our specialist No Win No Fee solicitors, they will help you collect evidence.
So, for help on how to sue a dentist, please contact us today.
How Much Compensation For Dental Negligence Claims?
Dental negligence compensation can depend on a number of different factors, including how much evidence you have and how severe your injuries are.
Generally, dental negligence compensation payouts can be split into two heads. The first, general damages, covers the pain and suffering you experience as a result of the harm you suffered. All successful dental negligence claims are awarded general damages.
When compensation under this heading is valued, the guideline compensation brackets found in the Judicial College Guidelines (JCG) can be used to help. The JCG lists compensation guidelines for various forms of harm.
Take a look at the table below to find some examples of these brackets, but please note that the first entry hasn’t been taken from the JCG. Please also note that this table is for guidance only.
| Type of Harm | Severity | Bracket Guidance |
|---|---|---|
| Multiple Serious Injuries with Special Damages | Serious | Up to £250,000+ |
| Facial Disfigurement | Very Severe Scarring (a) | £36,340 to £118,790 |
| Less Severe Scarring (b) | £21,920 to £59,090 | |
| Significant Scarring (c) | £11,120 to £36,720 | |
| Less Significant Scarring (d) | £4,820 to £16,770 | |
| Skeletal Injuries (facial) | Jaw Fractures (e) (i) | £37,210 to £55,570 |
| Jaw Fractures (e) (ii) | £21,920 to £37,210 | |
| Damage To Teeth (f) (i) | £10,660 to £13,930 | |
| Damage To Teeth (f) (ii) | £5,310 to £9,310 |
The second heading is special damages, and this covers the financial losses you experience because of the harm. This heading can cover expenses like:
- Lost earnings.
- Travel costs.
- The cost of crowns, implants, and other cosmetic dental treatments.
However, not all successful dental negligence claims will be awarded special damages. Because of this, evidence of these losses will need to be provided when claiming for special damages. This could include invoices, bank statements, payslips, and receipts.
To find out if you could make a dental negligence claim, contact us today. Or, read on to learn more about the claims process.
How To Sue A Dentist With A No Win No Fee Solicitor
If you contact our team of advisors about suing the dentist, they could review your case for free. If they determine you have valid reasons to sue a dentist and there’s evidence to back up your case, then they could then connect you with one of our No Win No Fee solicitors.
Our No Win No Fee solicitors can support a dentist negligence claim under a Conditional Fee Agreement. Such an agreement offers the following benefits:
- You won’t need to pay your solicitor for their services before your claim starts or while it’s being processed.
- If your claim is unsuccessful, then you usually still don’t need to pay for your solicitor’s work.
- Following a successful claim, your solicitor will cover their payment by taking a legally capped percentage from the compensation awarded to you. This is known as a success fee. The legal cap ensures that the majority of your compensation is kept by you.
You can contact our advisors for free today to ask questions you may have, such as how to sue a dentist with a No Win No Fee solicitor or how to prove dental negligence. To get in touch with our team, you can:
- Call us on 0800 073 8804
- Use our online claim form
- Or you can use our 24/7 live chat
Learn More About The Dental Negligence Claims Process
You can read more of our dental negligence claims guides here:
- Information regarding how long does a dental negligence claim take if you have a valid case.
- Read this guide on starting a wrong tooth extraction claim and how compensation for such negligence is calculated.
- Read our example case study detailing how it may be possible to receive £40,000 compensation for a wrong tooth extraction here.
We have also included these external resources that you may find useful:
- You can learn more about making a complaint to your dental professional with this guidance from the General Dental Council.
- Find out more about the symptoms and treatment for dental abscesses on this NHS page.
- Learn when you could be eligible to claim statutory sick pay on this government webpage.
Contact our advisors if you still have any further questions on how to sue a dentist for dental negligence.
