Dental negligence claims

In the UK, you generally have three years from the date of the negligent treatment, or from when you first became aware that something had gone wrong, to make a dental negligence claim.

There are exceptions to this rule. For children, the three-year period does not begin until they turn 18. For people who lack mental capacity, different rules may apply.

Because time limits can be complex, it is worth speaking to a solicitor as soon as possible. Our team can advise you on the specific time limit that applies to your situation.

Dental negligence claims follow a structured process:

• Reviewing records
• Gathering expert evidence
• Negotiating a settlement
• The timescale depends on the complexity of your case.

Once we are instructed, we will request your dental and medical records, obtain an independent expert report, and submit a formal Letter of Claim. The dentist or their insurer then has up to four months to respond.

Straightforward cases can settle relatively quickly. More complex claims like when liability is disputed or the long-term effects of the negligence are still emerging, will take longer. We will always keep you informed at every stage so you know what is happening.

The first step is a free, no-obligation conversation with one of our solicitors. You do not need to have all the answers, just tell us what happened and we will help you work out whether you have a claim and what the process looks like.

If you decide to proceed, we will carry out a detailed review of your records, identify where the standard of care fell short, and gather the evidence needed to support your claim.

Most of our dental negligence claims are handled on a No Win No Fee basis, so there is nothing to pay upfront.

Most dental negligence claims are resolved through negotiation, without the need for court proceedings. Court is usually only necessary if liability is disputed or a fair settlement cannot be reached.

If your case does go to court, your solicitor will guide and support you throughout, explaining what to expect and making sure you feel prepared at every stage.

You can make a complaint about your dental treatment before pursuing a legal claim, and in some circumstances we may recommend this as a first step.

However, for most clients, starting a legal investigation is the more practical first move. This is important for two reasons: it protects you against running out of time to pursue a claim, and it ensures you properly explore whether compensation can be obtained.

Making a complaint to your dentist will not usually result in compensation for your injury or loss. If any amount is offered, it is likely to be lower than what could be achieved through a formal dental negligence claim.

Even if your dentist works at a dental practice, they are individually required to hold their own indemnity insurance. This means your claim is usually made against the negligent practitioner directly, not the practice.

As part of our investigation, your legal team will identify the practitioner’s indemnity provider and make sure the claim is directed appropriately.

Yes. If the dentist who treated you has moved to a different practice, our team will carry out thorough investigations to locate them.

If we are unable to trace where they are working now, we can explore the possibility of bringing a claim against the dental practice instead.

Yes. You can make a dental negligence claim against a former dentist if their treatment left you with lasting pain, injury, or additional costs. It does not matter whether you have moved to a new practice, whether they have retired, or how much time has passed, provided you are still within the three-year time limit.

If you are unsure whether your situation qualifies, our solicitors can help you work that out.

Yes. If an NHS dentist’s negligent treatment has caused you harm or led to additional costs, you can make a claim.

If the claim is successful, compensation is usually paid by NHS Resolution; the organisation that handles negligence claims on behalf of NHS healthcare providers. Importantly, a successful claim does not take money away from the NHS budget, as the NHS is insured through NHS Resolution.

Our solicitors can advise you on how the process works for NHS dental negligence claims and what you might be entitled to.

Yes. Making a dental negligence claim does not prevent you from continuing to receive treatment at your current practice. If your dentist raises your claim during an appointment, simply let them know to contact your legal team if they wish to discuss it.

Yes, you can change dental practices at any point during your claim. If you do switch, please let your legal team know the details of your new practice as they may need to obtain your records from them as part of the case.

As part of your claim, your legal team may arrange for you to be examined by an independent dentist, but that examination is for the purposes of your case, not for treatment.

If you need treatment, you should continue to arrange this through your own dental practice as normal.

Yes, in many cases the cost of further treatment made necessary by the negligence can be recovered as part of your claim. Make sure you keep receipts for any treatment you pay for and let your legal team know about any costs you are incurring. They will advise you on what can be claimed back.

Proving dental negligence involves showing two things: first, that the standard of care you received fell below what a reasonable body of dental professionals would consider acceptable; and second, that this directly caused you harm.

This usually requires independent expert evidence from a dental specialist, along with your dental records and treatment notes. Your legal team will manage this process for you: gathering the evidence, instructing the right experts, and building a case on your behalf.

If you believe you’ve received negligent dental care, the first step is to raise your concerns directly with the dental practice, as they may have a formal complaints procedure. If the issue isn’t resolved, you can escalate it to the General Dental Council (GDC), which regulates dental professionals in the UK. You may also wish to speak to a specialist solicitor, who can review your case, explain your options, and help you start a compensation claim if appropriate.

While dentists are usually responsible for overall treatment, a dental assistant (or dental nurse) can be considered negligent if their actions fall below expected professional standards and cause harm. For example, this could include incorrect handling of equipment, poor infection control, or failing to follow instructions properly. However, responsibility often sits with the wider dental team or supervising dentist, depending on the circumstances.