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Dental Negligence — No Win No Fee

England & WalesLast reviewed 18 September 2026

Dental negligence claims arise when dental treatment falls below the standard expected of a competent practitioner, causing harm. These claims can be pursued on a no win no fee basis against both NHS and private dentists.

What Are Common Examples of Dental Negligence?

Direct Answer: Common dental negligence claims include nerve damage during extractions, failed implants, misdiagnosis, unnecessary extractions, and crown/bridge failures. Claims follow the same Bolam test as medical negligence and can be brought on a no win no fee CFA basis with a 3-year limitation period.

  • Nerve damage — injury to the inferior alveolar or lingual nerve during extractions or implant placement
  • Failed root canal treatment — incomplete treatment, perforations, missed canals
  • Unnecessary extractions — removing teeth that could have been saved
  • Misdiagnosis — failure to diagnose oral cancer, periodontal disease, or decay
  • Crown and bridge failures — poorly fitting prosthetics causing further damage
  • Orthodontic negligence — incorrect treatment planning or execution
  • Failure to obtain informed consent — not explaining risks of treatment

How Does the Claims Process Work?

Dental negligence claims follow the Pre-Action Protocol for the Resolution of Clinical Disputes. A supportive expert dental report is essential before proceedings can be contemplated. The expert must confirm that the treatment fell below the standard expected and that the breach caused the injury complained of.

How Much Compensation Can You Receive?

Damages in dental negligence claims typically include general damages for pain, suffering, and loss of amenity (valued using the Judicial College Guidelines), the cost of corrective or remedial dental treatment, loss of earnings during recovery, and damages for psychological impact such as dental phobia or anxiety that affects future treatment.

Specific Types of Dental Negligence Claim

Nerve Damage After Dental Treatment Claims

Nerve injury, such as numbness of the tongue, lip or chin, is a recognised risk of some dental procedures, so it is not negligent by itself.

Read more

Dental Implant Negligence Claims

Implants can fail even when done well, so failure alone is not negligence.

Read more

Root Canal and Restorative Dentistry Claims

Root canal treatment, crowns, fillings and extractions can go wrong without negligence, but a claim may succeed where the dentist fell below a reas…

Read more

Missed Oral Cancer and Gum Disease Claims

Dentists screen for oral cancer and gum disease at check-ups, and may be negligent if they miss obvious signs or fail to refer suspicious lesions.

Read more

Frequently Asked Questions

Can I claim for dental negligence on no win no fee?

Yes. Dental negligence claims can be handled on a CFA (no win no fee) basis. As with all clinical negligence claims, the solicitor will assess the merits and obtain expert evidence before offering a CFA.

What constitutes dental negligence?

Dental negligence occurs when dental treatment falls below the standard expected of a reasonably competent dental practitioner, causing injury or harm. This includes misdiagnosis, failed procedures, unnecessary extractions, nerve damage, and failure to obtain informed consent.

How long do I have to claim?

The limitation period is 3 years from the date of the negligent treatment or the date of knowledge. For children, the 3-year period begins at age 18.

What compensation can I receive?

Compensation may include pain and suffering, the cost of corrective dental treatment, loss of earnings, psychological impact (dental phobia, anxiety), and out-of-pocket expenses.

Can I claim against an NHS dentist?

Yes. Claims against NHS dentists are handled by NHS Resolution. You can also claim against private dentists — in that case, the claim is made against the dentist or practice's professional indemnity insurance.

You May Also Be Interested In

Clinical Negligence

Broader clinical negligence claims.

Read more

Medical Negligence

NHS and private medical treatment errors.

Read more

What Is No Win No Fee?

Complete guide to CFAs in the UK.

Read more

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.

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.

Think you have a claim? Find out for free.

Reading the rules is the first step. Most claims have strict deadlines, and evidence is easier to gather the sooner you act. Tell Edward & Amaury Solicitors what happened and get a free, no-obligation review of your situation.

  • Free, no-obligation case review: you decide what happens next
  • Many claims are handled on a no win, no fee basis if the firm accepts your case
  • Takes about two minutes, and you can start with just the basics

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.