Dental Negligence guide · England & Wales

Dental negligence claims:a step-by-step guide to compensation

How dental negligence claims work in England and Wales — the standard of care, consent, common claims, time limits and what compensation can cover.

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Written by Leanne Henton, Head of Personal Injury and Medical Negligence.
Reviewed by Leanne Henton on 2026-11-10.

In short

To claim, you need to show your dental care fell below an acceptable standard and that this caused you harm. You usually have three years from the treatment, or from when you first realised something was wrong. Most cases settle without trial, usually on a No Win No Fee basis.

Reviewed by Leanne Henton, Head of Personal Injury and Medical Negligence, NJS LawLast reviewed: September 2026 · England & Wales

SRA regulatedNo. 8006550
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Figures verified with NJS Law on 9 November 2026.

1What is dental negligence, and can you claim?

Breach of dutyCare fell below what a reasonably competent dentist would provide — misdiagnosis, poor technique, poor consent or failing to refer.

CausationThe breach directly caused harm or made your condition worse. A poor result alone is not enough.

2Duty, consent and the regulator

Dentists are regulated by the General Dental Council under the Dentists Act 1984 and must meet its standards, including getting valid consent.

Under Montgomery v Lanarkshire Health Board, your dentist must explain material risks and reasonable alternatives — for example, the risk of nerve injury before a lower molar extraction, or that veneers permanently remove enamel.

3Common types of dental negligence claim

Failure to diagnose or treat gum disease
Negligent root canal treatment
Dental implant negligence
Extraction errors, including the wrong tooth
Poorly fitted crowns, veneers or bridges
Orthodontic negligence
Composite bonding errors
Missed decay or oral cancer
Poor consent, burns and soft-tissue injuries

4Why dental claims are different

Dental problems can start mild and worsen quickly, damage is often permanent, and remedial work can be expensive. Evidence usually includes X-rays, scans and treatment plans.

5The 6 steps of a dental negligence claim

Step 1Protect your oral health and keep a recordContinue appropriate care and keep a diary of pain, sleep, distress and time off work.

Step 2Gather evidencePhotos, complaint letters and records of your costs all help — you don't need to investigate yourself.

Step 3Establish breach and causationWe obtain your full records and imaging and instruct independent dental experts in the right field.

Step 4Letter of Claim and responseWe send a formal letter; the other side usually has four months to respond. A denial doesn't end the claim.

Step 5Reports and valuationExpert reports cover breach, causation, your condition and prognosis — including future dental costs.

Step 6Settlement or courtMost claims settle, the final decision is yours, and payment usually follows within a few weeks.

Free downloadDental Negligence Claims GuideFree PDF: we'll email and text you a private link.

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6Time limits: how long do you have to claim?

Proceedings generally must start within three years of the treatment or your date of knowledge.

Children — the three years start at 18, so a claim can usually be brought up to age 21. A parent can claim sooner as litigation friend.
Lack of mental capacity — if someone lacked mental capacity when the injury happened, the three years do not start until they regain it. If they lose capacity later, the time limit keeps running, so act quickly.
Deceased patients — their estate may be able to claim.

Check my time limit

7How much compensation can you claim?

General damages are valued using the Judicial College Guidelines, 18th edition (2026); special damages cover remedial treatment and lost earnings.

Type	Indicative range
Nerve damage	Depends on severity: ask us for an estimate
Delayed diagnosis	Depends on severity: ask us for an estimate
Jaw fracture	£8,530 to £60,160
Multiple tooth loss / gum disease	Depends on severity: ask us for an estimate
Orthodontic negligence	Depends on severity: ask us for an estimate
Cosmetic failure	Depends on severity: ask us for an estimate
Failed root canal	Depends on severity: ask us for an estimate
Single tooth loss / wrong tooth	Depends on severity: ask us for an estimate

Indicative ranges based on the Judicial College Guidelines, 18th edition (2026). General guidance only, not a quote — financial losses (special damages) are added on top.

£3,000+

Real resultRepeated failed fillingsOur client lost three teeth and needed a bridge after repeated failed treatment. Every case is different.

Read the full story

8Interim payments and future losses

Interim payments may be available once liability is admitted. Future losses can include replacement dental work, implant upkeep, pain management, psychological support and reduced earning capacity.

9How long do dental claims take?

Straightforward claimsOften 12 to 18 months.

Complex claimsTwo to three years or longer, for example with nerve injury.

10How is a claim funded? No Win No Fee explained

Most claims are funded by a Conditional Fee Agreement — No Win No Fee. You pay no upfront fees, nothing if your claim is unsuccessful, and, only if you win, a success fee from your compensation that the law caps. Your letter of engagement sets out exactly what you will pay, and we explain every term before you sign anything.

Read how No Win No Fee works

11Frequently asked questions

Will I have to go to court?

Most claims settle out of court. Only a small percentage go to trial — and if yours does, we'll represent and support you every step of the way.

What counts as dental negligence?

A failure to meet an acceptable standard of care that causes avoidable harm.

Is it negligence if my dentist said my symptoms were "normal"?

It can be — dentists must investigate persistent symptoms and refer where needed.

Can I claim if another dentist found the problem?

Yes, and it may affect when your time limit starts.

Does my dentist have to admit fault?

No. Claims are built on records, X-rays and expert evidence.

Is it too late if this happened years ago?

Not necessarily — the three years often run from when you first realised there was a problem.

Will I have to pay if my claim fails?

In most cases no. Where we arrange After the Event insurance, it covers the other side's costs and your disbursements if you lose, on the policy's terms.