How to claim for a botched dental procedure

Experiencing a botched dental procedure can be distressing, painful and costly—especially when you trusted your dentist to deliver safe and competent care. Unfortunately, dental negligence does happen, whether through misdiagnosis, careless treatment, or avoidable errors during routine or cosmetic work.

If you believe your treatment has gone wrong due to negligence, you may be able to make a dental negligence claim to recover compensation for the harm suffered.

This guide explains exactly how to claim for a botched dental procedure, what evidence you need, common examples of negligent treatment, and how compensation for dental claims is calculated in the UK.

Dental negligence occurs when a dentist or dental professional provides treatment that falls below an acceptable standard and causes you injury, avoidable pain or financial loss. It is not enough for treatment to simply go wrong—the injury must have been caused by negligent care, not an unavoidable complication.

Common examples of dental negligence include:

• Incorrect, careless or poorly executed treatment
• Delayed or incorrect diagnosis (e.g., gum disease or oral cancer)
• Extraction of the wrong tooth
• Nerve injury caused by excessive force or poor technique
• Substandard fillings, crowns, bridges or root canal treatment
• Mismanaged orthodontic or cosmetic procedures
• Failure to obtain proper consent or warn of material risks

Even if your experience isn’t listed above, you may still have grounds for a claim if you believe your treatment caused avoidable harm.

To successfully claim for dental negligence, three key legal tests must be met:

Your dentist accepted you as a patient and owed you a duty.

They provided care that no reasonably competent dental professional would have given.

That substandard care directly caused your injury, pain, complications or financial losses.

Most claims advisers will assess your circumstances by asking questions such as:

• Did the injury happen because of someone else’s error or omission?
• Did the incident occur within the last three years?
• Have you suffered physical, psychological or financial harm as a result?

If the answer is yes, you likely have grounds for a claim.

The process is more straightforward than many people expect. Here is how to begin:

YA specialist solicitor will assess your case, obtain your dental records and advise whether your claim is strong enough to pursue.
Most claims are handled on a No Win, No Fee basis.

Your solicitor will help you collect evidence such as:

• Dental records and X-rays
• Photographs of injuries or failed dental work
• Receipts for treatment or medication
• A timeline of symptoms and appointments
• Expert dental reports

This sets out the allegations of negligence.

• NHS dentists are usually represented by NHS Resolution.
• Private dentists must respond within four months, admitting or denying liability.

Most dental claims settle out of court. If liability is denied or the compensation offered is too low, the claim may progress further—but this is still rare.

Many people worry about making a claim against the NHS, but you are entitled to compensation if negligent dental care has caused you harm. The NHS Constitution confirms your right to:

• Have complaints investigated
• Receive explanations and outcomes
• Be compensated if negligence caused injury

Around 96% of NHS dental claims settle without going to court, so the process is usually straightforward.

Claims against private dental practices follow the UK civil procedure rules. After receiving a Letter of Claim, the dentist must provide a Letter of Response admitting or denying fault.

If they deny negligence, your solicitor will gather expert evidence and negotiate on your behalf. Court action is only taken when absolutely necessary.

Dental claims typically take 6 months to 3 years, depending on:

• Whether the dentist admits liability
• How complex the injuries are
• How quickly experts and third parties respond
• Whether long-term prognosis is needed before valuing the claim

Straightforward claims resolve more quickly, while serious injuries requiring ongoing treatment may take longer.

Compensation for dental claims varies depending on the severity of injury and the financial impact. A payout often includes:

Covers physical pain, emotional distress, eating difficulties, embarrassment, and impact on daily life.

Such as implants, bridges, corrective treatment, specialist referrals, or therapy for dental anxiety.

Including:

1. Travel costs to appointments
2. Loss of earnings
3. Medication costs
4. Private dental treatment expenses

More severe injuries, such as nerve damage or loss of multiple teeth, typically attract higher compensation awards.

Under the Limitation Act 1980, you generally have three years from:

• The date of the negligent treatment, or
• The date you first realised something had gone wrong (“date of knowledge”)

1. Children – the three-year limit starts on their 18th birthday
2. Lack of mental capacity – no time limit applies unless capacity returns
3. Deceased patients – family members have three years from the date of death or date of knowledge

If you are unsure, seek legal advice quickly—out-of-time claims are rarely accepted.

Yes. Dentists must have indemnity insurance through their practising career, meaning you can still make a claim even if they have retired or moved abroad.

A dental negligence claim can help you:

• Access funding for corrective treatment
• Recover financial losses
• Hold negligent practitioners accountable
• Receive recognition and an apology
• Prevent similar mistakes happening to others

Many victims suffer in silence, unaware they are entitled to compensation or worried about the process. But dental claims exist to put things right—not to punish dentists, but to support your recovery.

If you have suffered avoidable harm from a botched dental procedure, you do not have to deal with the consequences alone. A dental negligence solicitor can help you understand your rights, assess your claim and pursue the compensation you deserve.