Dental Negligence Claims Solicitors
Dental treatment should leave you feeling better, not worse. If you’ve experienced unnecessary pain, lasting injury, or further problems as a result of substandard care from a dentist, it’s natural to feel confused, let down, and unsure of where to turn.
Dental negligence can take many forms, from a tooth extracted by mistake to a misdiagnosed infection that causes lasting nerve damage. Whatever your experience, you may be entitled to make a claim for dental negligence compensation.
At JNP Legal, our medical negligence solicitors have experience supporting patients across South Wales who have been harmed by substandard NHS and private dental care. We’ll listen carefully to what happened, explain your options honestly, and guide you through the process step by step.
Speak to our dental negligence solicitors today
If you’ve been harmed by poor dental treatment, our solicitors are here to help. We’re a regional law firm with offices in Merthyr Tydfil, Cardiff, Nelson and Pontyclun.
Email us at law@jnplegal.org or call the number for your nearest office. Alternatively, fill out our enquiry form and we’ll get back to you promptly.
What is dental negligence?
Dental negligence occurs when a dentist, or another dental professional, fails to provide the standard of care that a reasonably competent practitioner would have provided, and that failure causes you harm.
It’s important to distinguish between an unwanted outcome and genuine negligence. Not every complication amounts to negligence, but where a dentist makes an avoidable error, fails to diagnose a problem, or acts without your informed consent, you may have grounds for a claim. Our solicitors will assess your circumstances carefully and advise you on the strength of your case.
Types of dental negligence claims we handle
Misdiagnosis and delayed diagnosis
If your dentist missed or delayed diagnosing a condition such as oral cancer, gum disease, or an infection, and that delay caused your condition to worsen, you may be able to claim. Early diagnosis is critical in many dental conditions, and a failure to identify a problem promptly can have serious long-term consequences.
Negligent extractions
Having the wrong tooth removed, or suffering avoidable damage to surrounding teeth, nerves, or bone during an extraction, can be distressing and difficult to rectify. Where an extraction was carried out negligently, or where the wrong tooth was removed entirely, you may have a valid claim for compensation.
Root canal treatment errors
Root canal treatment requires precision. Errors such as perforating the root, leaving instruments inside the canal, or failing to properly clean the root can lead to ongoing infection, pain, and further treatment. If you’ve suffered harm following substandard root canal work, our solicitors can advise you on your options.
Restorative work failures
Poorly fitted crowns, bridges, or fillings can cause significant pain and damage to your bite. Where restorative work has been carried out to an inadequate level, and you’ve suffered as a result, you may be entitled to claim for the cost of corrective treatment and any associated losses.
Dental implant negligence
Dental implant procedures are complex and require careful planning and execution. Negligence can include poor placement, inadequate assessment of bone density, nerve damage, or failure to manage complications. Where an implant procedure has gone wrong due to substandard care, you may have a claim.
Cosmetic dentistry claims
Cosmetic dental procedures, including veneers, whitening treatments, and composite bonding, carry risks that should be explained to you clearly before treatment begins. Where a cosmetic procedure has caused harm, damage to healthy teeth, or has been carried out without proper consent, you may be able to claim compensation.
Periodontal (gum disease) negligence
Gum disease that goes undiagnosed or untreated due to a dentist’s failure to identify and manage the condition can lead to tooth loss and lasting damage to the jawbone. If your dentist failed to spot or properly treat periodontal disease, and you’ve suffered as a result, our solicitors can assess whether you have a valid claim.
Failure to obtain informed consent
Before carrying out any treatment, your dentist has a legal obligation to explain the risks, benefits, and alternatives so that you can make an informed decision. If treatment was carried out without your proper consent, or if risks were not adequately explained, this can form the basis of a dental negligence claim, even if the treatment itself was technically performed correctly.
How much compensation could I receive for dental negligence?
The compensation you could receive will depend on the nature and severity of the harm suffered, the impact on your daily life, and any financial losses you’ve incurred.
Compensation typically falls into two categories. General damages cover the pain, suffering, and loss of amenity caused by the negligence. Special damages cover financial losses, such as the cost of corrective treatment, travel expenses, and any lost earnings where your injury has affected your ability to work. We’ll provide you with a realistic assessment of your claim’s value from the outset. While we can’t make any guarantees, we will make sure you understand what to expect at every stage.
How to prove a dental negligence claim
To succeed in a dental negligence claim, you’ll generally need to establish three things: that the dentist owed you a duty of care (which is almost always the case), that they breached that duty by falling below the standard of a reasonably competent dental professional, and that the breach caused you harm.
Independent expert evidence from a dental specialist plays a central role in most claims. Our solicitors will help gather your dental records, instruct the appropriate experts, and build a clear, well-evidenced case on your behalf.
The dental negligence claim process at JNP Legal
We’ll begin by listening carefully to your experience and reviewing any relevant dental records. If we believe you have a viable claim, we’ll explain the next steps and how your case will be funded.
We’ll then instruct an independent dental expert to assess the standard of care you received. Their report will form the foundation of your claim. Once we’ve established the evidence, we’ll send a formal letter of claim to the dentist or their insurer.
Many cases are resolved through negotiation, without the need for Court proceedings. Where a fair settlement can’t be reached, we’ll represent your interests before the Court.
Throughout the process, we’ll keep you informed and make sure you understand what’s happening at every stage.
Time limits for dental negligence claims
In most cases, you have three years from the date of the negligent treatment, or from the date you first became aware (or reasonably should have been aware) that the treatment may have been negligent, to bring a claim. This is known as the limitation period.
There are important exceptions. If the person affected was under 18 at the time of the negligent treatment, the three-year period doesn’t begin until their 18th birthday. Where someone lacks the mental capacity to bring a claim themselves, the time limit may not apply in the same way.
Time limits in dental negligence cases are strict. If you’re unsure whether your claim falls within the time constraint, it’s important to take legal advice as early as possible. Delaying could affect your ability to pursue a claim altogether.
Funding your claim
We understand that concerns about legal costs can make people hesitant to seek advice. No win, no fee arrangements, formally known as conditional fee agreements (CFA), may be available for qualifying cases. Under a CFA, you won’t pay our legal fees if your claim is unsuccessful.
We’ll discuss funding options with you clearly and transparently at the start of your case, so you know exactly where you stand before we proceed.
Why choose JNP Legal for your dental negligence claim
At JNP Legal, we understand that dental negligence can have a serious impact on your health, confidence, and quality of life. Our medical negligence solicitors bring practical expertise and a genuinely personal approach to every case.
We hold the Law Society’s Lexcel practice quality mark, reflecting our commitment to the highest standards of client care.
Our solicitors take the time to understand your situation, explain your options clearly, and work hard to achieve the best possible outcome for you. We aim to build lasting relationships based on trust, reliability, and personal service.
Frequently asked questions about dental negligence claims
Can I sue an NHS dentist?
Yes. You can bring a dental negligence claim against an NHS dentist in the same way as you would against a private practitioner. You can read more about bringing a claim against the NHS on our blog. Our solicitors have experience with both NHS and private dental claims.
Can I claim if I signed a consent form?
Yes, in some circumstances. Signing a consent form doesn’t automatically mean you consented to negligent treatment, or that all risks were properly explained to you. If a dentist failed to inform you of a material risk that subsequently caused you harm, you may still have a valid claim. We’ll assess the specific circumstances of your case carefully.
Do I need to switch dentists to make a claim?
No. You don’t have to leave your current dental practice to make a claim. However, some clients choose to register elsewhere while their claim is ongoing. Our solicitors will help you obtain your dental records and manage the process without disrupting your ongoing care.
What if my dentist has retired or the practice has closed?
You may still be able to claim. Dentists are required to hold professional indemnity insurance, and claims can often be pursued even if the individual dentist has retired or the practice has since closed. Our solicitors will advise you on the options available in your specific circumstances.
Will I have to go to Court?
Most dental negligence claims are resolved through negotiation before reaching Court. However, if a fair settlement can’t be agreed, your case may proceed to Court proceedings. Our solicitors will always aim to resolve your claim as efficiently as possible and will prepare your case thoroughly so that you’re in the strongest possible position if Court becomes necessary.
Speak to our dental negligence solicitors
If you think you’ve been the victim of dental negligence, our solicitors are ready to help. We’re a regional law firm with offices in Merthyr Tydfil, Cardiff, Nelson and Pontyclun.
Email us at law@jnplegal.org or call the number for your nearest office. Alternatively, fill out our enquiry form and we’ll respond to you promptly.