Common Dental Negligence Claims
How a Dental Negligence Claim Progresses
- 1Obtain dental records — your solicitor requests complete dental records from all treating dentists, including radiographs (X-rays), study models, treatment notes, and referral correspondence. Under GDPR, records must be provided within one month of request.
- 2Independent dental expert report — a GDC-registered independent dental specialist reviews the records and provides a report on (a) whether treatment fell below the Bolam standard and (b) whether the substandard treatment caused the harm. Specialist evidence may be needed: oral surgery, endodontology, periodontology, or maxillofacial surgery, depending on the type of negligence.
- 3Letter of Claim — if the expert supports the claim, a detailed Letter of Claim is sent to the defendant dentist and their dental defence organisation (Dental Protection, MDDUS, or MDU). The defendant has 4 months to respond under the Clinical Disputes Protocol.
- 4Remediation costs and quantum — a specialist dental expert assesses the remediation treatment required (implants, bridgework, further root canal treatment) and its cost. Future dental treatment costs can be a significant head of loss, particularly for nerve damage requiring permanent management or implant placement to replace lost teeth.
Frequently Asked Questions
Can I claim for NHS dental negligence?
Yes — NHS dentists owe the same duty of care as private dentists. Claims against NHS dentists are handled through their dental defence organisation (typically Dental Protection, MDU, or MDDUS) rather than NHS Resolution (which handles hospital and GP negligence). The pre-action protocol for clinical disputes applies in the same way. An NHS patient is not limited to NHS treatment costs in their compensation — they can recover the cost of private remediation treatment where that is the most appropriate remedy for the negligently caused harm.
I have permanent numbness in my lip — is this a valid claim?
Permanent inferior alveolar or lingual nerve damage causing numbness, altered sensation, or persistent pain is one of the most serious dental injuries and frequently gives rise to a successful claim. Key questions are: (1) was the extraction or procedure performed to the Bolam standard? (2) was the risk of nerve damage disclosed to you in advance (Montgomery consent)? If you were not warned about the risk of nerve damage from an extraction or implant, and the risk was material (which permanent numbness from a nerve injury usually is), a Montgomery consent claim may succeed independently of the Bolam breach of duty analysis.
My dentist says the tooth loss was unavoidable — can I still claim?
A dentist's own assessment that an outcome was unavoidable is not determinative — they are not an independent expert. A specialist solicitor commissions an independent GDC-registered dental expert to review the records and form their own opinion on whether the treatment fell below the Bolam standard. Dentists have a natural interest in defending their own treatment, and their dental defence organisation will instruct their own expert. An independent expert report is the foundation of any claim.
Can I claim the cost of private treatment to fix the damage?
Yes. A claimant is entitled to recover the reasonable cost of remediation treatment — which may be on a private basis even for an NHS patient, if private treatment is the most effective way to remedy the harm. For example, where a tooth has been negligently extracted, an implant (private cost: £2,500–£5,000 per tooth) may be the appropriate replacement, rather than an NHS denture. Future dental treatment costs, including the replacement of implants over a lifetime, are also recoverable as special damages.
Should I complain to the GDC or the NHS first?
A complaint to the GDC (General Dental Council) or NHS is a separate process from a civil compensation claim and has different objectives — professional regulation and service quality. Filing a GDC complaint does not extend the limitation period for a civil claim, does not create a legal right to compensation, and can sometimes complicate the evidence in the civil proceedings if statements are made without legal advice. A solicitor advises on whether and when to make a GDC complaint alongside the civil claim — pursuing both simultaneously is possible with careful management.