Dental surgery negligence: When can I make a claim?

Published: 18/07/2023

All dental care procedures, whether it's major surgery such as a root canal or a minor procedure like a crown being fitted, always come with potential risks. Just like any medical procedure, there are things that can go wrong during dental treatment, and you should be made aware of these before you agree to any procedure.

Errors can be made, but they are usually trivial and fixed by the dentist straight away. However, if something goes wrong and you end up with injuries or suffer financial loss, you may be in a position to claim compensation for dental negligence.

Making a claim of medical negligence can be a daunting process for many, which is why it is important to seek legal advice as soon as possible. Here, we will explain what type of complications can result in a dental negligence claim, how to spot if negligence has occurred and the steps you should take to make your claim.

What are the different types of dental surgery?

Oral surgery and dental treatment come in many forms, with some of the most common listed below:

• Tooth extraction
• Dental implants
• Corrective jaw surgery
• Periodontal surgery
• Root canal treatment

What complications can occur following dental surgery?

All of the above are types of surgery that require careful attention and a high level of medical knowledge. A dental professional can make mistakes no matter how experienced they are, and there are some common complications that usually arise. For example, invasive surgery can result in an infection of the teeth or mouth, or damage to the jaw or even sinuses. Nerve damage may also occur, which can be very painful.

When getting a tooth extracted, there is a risk of dry socket. This occurs when the blood clot at the site of the extraction does not develop or moves before the wound has healed. This results in exposure of the underlying bone and nerves, resulting in pain that spreads to the entire face.

Because some of these complications are common, dentists are well versed in spotting them and warning you of the symptoms so that they can treat them quickly after the treatment - if this is the case, negligence may not have occurred. A compensation claim can only really be made in these instances if the distress caused to you is long-term, or if it has occurred at the fault of the dentist.

Every case is different and should be discussed with a legal professional.

How can I tell that negligence has occurred?

In general, if you believe you have suffered from more physical, emotional or financial pain than you should have following the treatment at the fault of the dentist, you may have a right to medical negligence compensation.

For example, if the dental practitioner makes a mistake in the treatment which leads to the loss or damage of teeth, or you are in prolonged pain after the surgery, including nerve injury, this may result in a claim. Misdiagnosis and the use of incorrect treatment which has resulted in you losing money while remaining in unnecessary pain, such as missing signs of oral cancer or periodontal disease, are also valid causes for a claim.

Cosmetic dentistry problems can count as negligent treatment, such as if a crown has been fitted incorrectly and causes long-lasting pain or discomfort. Though rare, during a tooth extraction, the wrong tooth may have been removed, causing you unnecessary stress. Another example is if anaesthesia has had to be administered and this has not been carried out correctly, resulting in health problems for the patient.

You can find out more about how our expert team of medical negligence solicitors can help you here.

How can I make a successful dental negligence claim?

If you believe you have a dental negligence case, there are a few steps you can take to better prepare yourself for making your claim, such as collecting evidence. Firstly, if you have obtained an injury, you should have this examined by a different doctor and ensure they document the treatment they recommend and the expected recovery time. Then, collect necessary information about the dental practice you got the treatment from, including all the names of the staff that assisted the dentist, if possible.

Throughout this entire process, be sure to record the financial impact, such as if you've had to miss work, spend money on extra treatment and medication (including painkillers), and journeys paid for.

These will all form your compensation total. To ensure the best possible outcome, it's vital that you contact a legal professional early on who can guide you through this entire process.

If you need assistance collecting your evidence, you can contact a solicitor to help you throughout your case.

How can a medical negligence solicitor help me?

Seeking compensation can be difficult and long-winded, which is why seeking legal advice is your best option. Medical negligence solicitors are well-versed in dealing with both NHS and private dental practices and know how much dental malpractice affects you both physically and mentally, so their expert assistance is directly aimed at finding the best solution for you.

Wake Smith can help you with all aspects of your compensation claim, no matter the nature of the clinical negligence. Contact us today to speak to our friendly team, and they will be happy to talk you through the next steps of making your claim.

Common queries

What are the time limits for making a dental negligence claim?

You usually have three years after you notice the problem to make dental negligence claims. However, this is different if you are claiming on behalf of a child, in which case you have until they turn 18, or if you are claiming on behalf of someone who is otherwise incapable of claiming for themselves.

How long can a medical negligence case take?

Cases can take anywhere from a few months to years to complete. This depends on whether it needs to go to court - usually, this is not the case as long as the person responsible accepts liability.

Am I eligible for compensation for my dental negligence case?

Whether you are eligible to claim compensation for your dental negligence case depends on the extent of your suffering and if you can reasonably attest that you deserve compensation. A medical solicitor will be able to advise you if you can claim, how much you can reasonably expect and will guide you through the entire process to ensure you get the maximum amount.

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