Dental negligence compensation claims

Has your mental health been impacted by dental negligence?

Medical negligence doesn't only impact you physically; it can have a huge effect on your mental health, too.

Our Make It Right campaign studied 1,000 people and found that 72%  suffered from a mental health issue as a direct result of their injury. The most common were anxiety and stress, with over half saying they were worried about the financial implications of their injury.

How do I make a dental negligence claim?

We know that you may be going through a difficult time, which is why we aim to make your first step towards compensation simple. Whether you're ready to start a dental claim or just need advice about what to do next, get in touch with us on for free.

We'll talk through your situation and the treatment you received to get a better idea of what happened. This will allow us to establish if we think you have grounds to seek dental negligence compensation. If you do, there's no pressure to go ahead - we're here to offer advice and support.

If you decide you want to make a claim, our friendly advisors will introduce you to one of our panel of specialist dental negligence solicitors. They will also chat with you for free about your situation, letting you know how the process will work and what you should expect. Your legal team will then get in touch with the other party's legal team to get the process started .

How do I prove dental negligence?

To claim dental negligence compensation, you'll need to prove that the malpractice occurred due to a breach of the professional's duty of care and that this directly contributed to your injury. To do this, you and your legal team will need to gather your dental records along with any other evidence.

How can I get my dental records to support my claim?

You can get access to your records from your dental practice, whether it's NHS or private. They should keep your records on file for eight years after your last treatment. These should show any dental diagnosis and treatment you've had. You have the right to access your data via a Subject Access Request.

Can I claim for negligent cosmetic dental treatments?

If you've suffered an injury due to negligent cosmetic dental treatment, you might be able to claim compensation if the injury happened within the last three years and you can prove that it was as a result of a breach of duty of care.

Just like with other types of dental treatment, your practitioner has a responsibility to provide the right care. Failure to do so can mean they are liable for negligence.

If you're unsure as to whether you can make a dental claim, call our experts on and we will discuss your case with you.

How much dental negligence compensation could I receive?

The amount of dental negligence compensation you receive depends on the severity and complexity of your case, so there's no specific amount you can expect.

When putting your claim together, your dental negligence solicitor or legal team will make sure they understand the effects your injury has had on you and those around you. This is so they can be armed with the information necessary to get you the compensation you need and to which you're entitled.

Your solicitor's recommendations will be made in line with the Judicial College Guidelines, which set out compensation amounts for different injuries.

Can I claim against an NHS dentist?

Yes, you can claim against an NHS dentist for dental negligence. Any medical professional can be held accountable for dental malpractice. If they're found to have breached their duty of care and it resulted in harm or the aggravation of a pre-existing condition, you have grounds for a dental negligence claim.

Making a claim against an NHS dentist works slightly differently to private dentists. This is because all dental claims against the health service are handled by NHS Resolution. It was set up by the government to resolve all disputes and has a pot of money separate from the NHS budget to do so.

Can I make a claim against a private dental practice?

If you've received negligent treatment from a private dental practice, you can make a claim. As stated by the General Medical Council, all private healthcare providers must take out liability insurance to cover any claims made against them.

During your case, your dental negligence lawyer will liaise with your dentist's insurer to obtain the compensation to which you are entitled. The nature of private dental claims means they can take a little longer to resolve, but your solicitor will be able to give you more information on how long your case will take to settle.

Will I need to have a medical assessment if I make a dental claim?

Yes. Independent medical opinion is a key part of making dental negligence claims. The medical negligence solicitor or legal team we select for you will arrange the assessment as part of building the evidence for your claim.

How long do dental negligence claims take?

All dental negligence claims are different, so it's hard to give a reliable average duration for the claim. It depends on two things:

• The severity and/or complexity of the negligence injury.
• Whether or not the dental professional admitted liability.

How long it takes to process your claim may also depend on whether your case is going through NHS Resolution or a private healthcare provider's insurer. Come and talk to us on and we can help.

Can I make a dental claim for someone else?

If a loved one has suffered due to dental malpractice, we understand that you want to help them make it right. While we can't take away the pain they may be experiencing, we can help them get compensation and an apology for what they've gone through.

If you're calling on behalf of someone else, it's helpful if we can speak to the injured person to confirm you have their consent to seek compensation for them. However, we understand that in certain circumstances this is not possible. For example, when the injured individual does not have the mental capacity to claim themselves.

You can also make a dental claim for your child if they have suffered negligent treatment and are under the age of 18. Receiving compensation may offer the financial help they need to aid their recovery and support themselves in the future.

Can I claim dental negligence compensation if I signed a waiver or consent form?

Yes, you can make a dental claim even if you signed a consent form. These forms can't be used to absolve dentists of all blame if they fail in their duty of care. 

If you did sign a consent form, your legal team may wish to work out whether you gave informed consent.

Questions they might ask include:

• Were you informed of every possible risk and the likelihood of said risks?
• Did the dentist provide you with all the information you needed to make an informed decision?
• Were you forced to sign?
• Would you still have signed if you'd been given the correct information?

Are there time limits for making dental negligence claims?

Typically, the time limit for making dental negligence claims is three years from the moment you realised that you may have been treated negligently. This means that you must start court proceedings or settle a claim within this time frame. T here are some exceptions, however.

You can claim on behalf of a child at any point until they turn 18. If no claim is made, they have until their 21st birthday to do so themselves.

There's no upper time limit if you're claiming for someone who, for whatever reason, lacks the mental ability to make a dental negligence claim. As stated in the Mental Capacity Act 2005, a person must be assumed to have capacity unless it is established that they lack capacity. It should be noted that should the claimant regain capacity at any time, however briefly, the usual three years will start from that date.

Our panel of dental negligence lawyers have an official procedure to follow when registering your claim, so it's important to act fast if you're close to your deadline. If you have 12 weeks or less, give us a call on while we still have time to help.

Can I make a dental negligence claim using no win no fee?

Yes, we can usually offer no win no fee arrangements in our clinical negligence cases. When you first speak to your dedicated no win no fee dental solicitor or legal team, you will agree this over the phone.

In this situation, a no-upfront-cost insurance policy will be taken out before starting your claim. This policy is designed to protect you from costs and expenses during your compensation claim. This means that if your claim doesn't succeed and you adhere to the terms and conditions of your agreement, you won't face legal fees or expenses.

Why choose National Accident Helpline to help you claim dental negligence compensation?

Whether you've already decided to claim or you just want to discuss your case with us, our team are here to help.

• Accredited: Our panel of dental negligence solicitors are registered with The Law Society in England and Wales or the Law Society of Scotland. We're also fully regulated by the Solicitors Regulation Authority.
• Experienced: We've been helping customers claim dental negligence compensation for over years_sinceyears.
• Trusted: Our customers rate us as ‘Excellent' on customer review platform Trustpilot.