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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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Dental Implant Negligence Claims

England & WalesLast reviewed 18 September 2026

Implants can fail even when done well, so failure alone is not negligence. A claim arises where inadequate assessment, poor planning or placement, or a failure to warn you of risks and alternatives caused avoidable harm, such as nerve injury, infection or the loss of the implant and surrounding bone.

What Can Go Wrong

Implant claims commonly allege that the dentist did not adequately assess your suitability, such as bone quantity, gum health, smoking or diabetes, did not take appropriate scans, placed the implant in the wrong position or angle, damaged a nerve or entered the sinus, or provided inadequate follow-up when problems such as peri-implantitis developed.

Standard of Care

Direct Answer: The dentist must meet the standard of a reasonably competent implant dentist, including careful assessment, planning with appropriate imaging, appropriate technique and proper follow-up, and must explain the risks and alternatives so that you can consent.

Because implants are often a private, high-cost treatment, disputes about the contract, refunds and remedial work sit alongside negligence. The GDC's Standards for the Dental Team, covering consent, treatment planning and record keeping, are used as a benchmark by experts.

What You Can Recover

Compensation can include pain and suffering, the cost of corrective and replacement treatment, refunds or the cost of failed treatment where they represent a loss caused by negligence, and any consequential losses such as time off work. The prognosis and cost of putting things right are assessed by an independent dental expert.

Frequently Asked Questions

Is a failed dental implant negligence?

Not necessarily. Implants fail for many reasons, including patient factors. It is negligent if poor assessment, planning or technique, or a failure of aftercare, caused the failure or harm.

Can I claim for the cost of replacing the implant?

Potentially yes, if the failure was caused by negligence. The cost of remedial or replacement treatment, if reasonably required, can be part of the claim.

What if the implant damaged a nerve?

Nerve injury from implant placement can be a claim where imaging or planning was inadequate, or the risk was not explained. See our guide on nerve damage after dental treatment.

Do I need to complain first?

Not required. Private patients can use the Dental Complaints Service, but a complaint does not stop the limitation clock for a legal claim.

What do I have to prove in a dental negligence claim?

That the dentist's care fell below the standard of a reasonably competent dentist, and that this caused you harm you would not otherwise have suffered. An independent dental expert normally gives evidence on both. A recognised complication of well-performed treatment is not negligent in itself, but a failure to warn you of a material risk can be.

How long do I have to bring a dental negligence claim?

Generally three years from the date of the negligent treatment or, if later, the date you first knew the injury was significant and connected to it. Children have until three years after their 18th birthday. The court has a limited discretion to allow late claims, but you should not rely on it.

Can I bring a dental negligence claim on a no win no fee basis?

Often, yes, if a solicitor thinks the claim has reasonable prospects and is large enough to justify the costs of expert reports. Legal aid is not generally available. Under a Conditional Fee Agreement you pay no solicitor fees if the claim fails, and a success fee capped at 25% of general damages and past losses is deducted if it succeeds.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

  4. Limitation Act 1980, s.11 (personal injury actions)

    Three years from the date of the accident or the date of knowledge. Property damage such as a damaged vehicle is a separate claim with a longer six-year period under s.2.

  5. Limitation Act 1980, s.14 (date of knowledge)

    The three-year period can run from the 'date of knowledge': when you first knew the injury was significant and attributable to the act or omission alleged to be negligent. Central in delayed-diagnosis cases.

  6. Limitation Act 1980, s.28 (extension for disability)

    Time does not run while a person is a child or lacks capacity to conduct proceedings. For a child's personal injury claim the three years generally starts on their 18th birthday.

  7. Limitation Act 1980, s.33 (discretionary exclusion of time limit)

    A court can allow a personal injury claim to proceed out of time where it is equitable to do so. It is a discretion, not a right, and should not be relied on.

  8. Montgomery v Lanarkshire Health Board [2015] UKSC 11

    Doctors must take reasonable care to ensure a patient is aware of any material risks of a recommended treatment and of reasonable alternatives. Consent is judged from the patient's perspective, not by what a responsible body of doctors would disclose (the Bolam test).

  9. General Dental Council — Standards for the Dental Team

    The GDC's standards for all dental professionals, including consent, record keeping, treatment planning, communication and candour. Failing them is evidence relevant to negligence, not the legal test itself.

  10. Dental Complaints Service

    Free service run by the GDC that helps patients resolve complaints about private dental care. NHS dental complaints go to the practice, NHS England and the Ombudsman. A complaint does not stop the limitation clock for a legal claim.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.