Dental Negligence — No Win No Fee
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
The Claims Process
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.
Compensation
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.