Local Dental Negligence Solicitors in Greater Manchester
When you visit your dentist, you trust them to provide safe, competent care that protects and improves your oral health. When that trust is broken through negligent treatment, the consequences can be both physically painful and emotionally distressing.
At Garratts Solicitors, our dental negligence solicitors have helped numerous patients who've suffered due to substandard dental care. For a free, no-obligation consultation about your potential dental negligence claim, call us on 0161 665 3502, send an email to [email protected] or complete our contact form.
What Are Dental Negligence Claims?
Dental negligence occurs when a dentist, dental hygienist, or other dental professional fails to provide the standard of care that's reasonably expected, resulting in harm to their patient. This can range from minor complications requiring additional treatment to severe injuries causing permanent damage or disfigurement.
Your dentist should provide treatment that meets accepted professional standards. While most dental professionals provide excellent care, mistakes can happen with serious consequences.
We've represented patients who've suffered everything from nerve damage following routine procedures to failed implants requiring extensive corrective treatment.
Common Signs of Dental Negligence
Recognising the warning signs of potential dental negligence is crucial for protecting your health and legal rights. Key indicators include:
- Prolonged pain and suffering following treatment that extends well beyond normal healing times
- Nerve damage or loss of sensation in your gums, lip, and/or tongue
- Unexpected loss of teeth following routine procedures
- The need for further and unexpected treatment to correct problems caused by the original procedure
- Infections that develop after dental work due to poor hygiene or technique
- Aesthetic problems following cosmetic procedures that fall far below promised results
If you're experiencing any of these issues following dental treatment, it's important to seek both immediate dental care and legal advice. Early intervention can often minimise the long-term impact of dental negligence.
Common Types of Dental Negligence We Handle
Our dental negligence solicitors have successfully pursued compensation for numerous issues across all areas of dental care. Here are the most frequent cases we see:
Tooth Decay - Failure to Diagnose
If you've suffered with tooth decay and there has been a failure to diagnose or a delay in diagnosing the tooth decay which has resulted in the decay spreading, you may have experienced dental negligence.
Even if you attend regular dental check-ups, your dentist may have missed tooth decay by failing to carry out appropriate examinations or investigations such as regular bitewing X-rays.
Once decay has been identified, your dentist should be looking to remove it, restore the tooth and/or keep the tooth under review. Failing to do so could lead to the need for more extensive treatment, such as root canal treatment or the removal of the tooth.
Restorative Treatment Failures
Restorative treatment is focused on the repair of damaged or missing teeth. Examples of restorative treatment include bridges, fillings, implants, crowns, dentures, cosmetic procedures and root canal treatment.
- If you have undergone restorative dental treatment, your dentist would usually be expected to carry out appropriate investigations prior to starting the treatment.
- If, for example, you have had a dental bridge fitted which has subsequently failed, this could be because it was attached to a tooth which was unsuitable.
You may have a claim for dental negligence if your dentist failed to carry out the appropriate investigations such as screening for gum disease or a thorough diagnostic assessment before commencing treatment.
Orthodontic Treatment Negligence
Orthodontic treatment corrects the alignment of teeth and involves the use of fixed or temporary appliances such as braces. The alignment of teeth is determined by a number of factors and can be complex, requiring specialist input.
- You should expect your dental specialist to carry out a comprehensive assessment and examination before commencing orthodontic treatment.
- You should also expect them to discuss the treatment options with you and this should include the option of undergoing no treatment.
- You should be made aware of the risks and benefits associated with the treatment options.
In some cases it may not be as simple as fitting a dental brace, and a detailed treatment plan may be able to identify the need for extractions, tooth monitoring, and managing tooth movement.
If your dentist has failed to take this into consideration or they have failed to refer you to a specialist, when necessary, and you have suffered as a result, then you may have a claim for dental negligence.
Common Examples We've Successfully Handled
Some examples of dental negligence claims we have dealt with include:
- Inadequate or incorrect fillings
- Inadequate or incorrect crowns
- Inadequate root canal treatment
- Failed implants
- Extraction of the wrong tooth or teeth (see our case study below)
- Incorrect fitting of implants
- Failed bridgework or orthodontic treatment
- Inadequate cosmetic dental procedures
- Delay in the diagnosis of oral cancer
Case Study: £17,000 Compensation for Wrong Tooth Extraction
Mrs C was referred to a dental surgery to have a problematic back, left tooth removed. However, the procedure was very traumatic, and upon returning to her car, she discovered the dentist had removed the wrong tooth. The error meant a perfectly healthy tooth was extracted, while the affected tooth that was causing her pain remained.
The ordeal was so distressing that Mrs C felt unable to undergo another extraction, forcing her to endure significant pain from the correct tooth for a long time. The visible gap also made her extremely self-conscious when she smiled. It was later revealed that a mix-up in the referral paperwork was the cause of the error.
Our dental negligence team obtained supporting evidence from a dental expert confirming that the treatment was negligent. We also determined the future treatment required to fix the situation. We successfully negotiated an out-of-court settlement of £17,000 for Mrs C to compensate her for the pain, suffering, and future dental work she required.
How Do I Know If I Have a Valid Dental Negligence Claim?
Not every disappointing outcome or complication constitutes negligence. To have a valid dental negligence claim, you must prove two essential elements:
- Breach of Duty: Your dentist's care fell below the standard expected of a reasonable body of dental practitioners
- Causation: This substandard care directly caused you harm that wouldn't have occurred with proper treatment
Current data shows that 52% of clinical negligence claims result in damages payments. Dental expert witnesses will be required in the vast majority of cases to provide independent opinions on whether your treatment was negligent and whether it caused your injuries.
How Long Do Dental Negligence Claims Take?
From our extensive experience handling dental negligence claims, typical timeframes are:
- Straightforward cases and moderate cases with admitted liability: 2-4 years
- Complex cases involving serious injuries: 3-5 years
- Cases involving children: Sometimes longer, as we may need to wait to assess full dental development
These timeframes reflect necessary steps:
- Gathering dental records
- Obtaining expert opinions
- Allowing time for investigation
- and potentially court proceedings.
We've developed efficient systems to minimise delays while ensuring thorough investigation.
Is There a Time Limit for Dental Negligence Claims?
Yes, you generally have three years to start legal proceedings from either:
- The date of the negligent dental treatment, or
- When you first realised your injury was caused by poor care (the "date of knowledge")
Special rules apply for:
- Children: Time limit starts on their 18th birthday
- Adults lacking mental capacity: May have no time limit
- Fatal cases: Three years from the date of death
Don't assume it's too late without checking. We've successfully pursued claims that initially seemed out of time, particularly where patients didn't immediately connect ongoing dental problems with their dentist's earlier negligent care.
Frequently Asked Questions
Can I Claim Against Both NHS and Private Dentists?
Yes, you can. The legal principles are the same whether your dentist works for the NHS or privately.
Private dental claims can sometimes be more complex as they might involve individual practitioner insurance as well as practice insurance. However, this can sometimes provide additional avenues for compensation.
Will making a claim affect my ongoing dental care?
No, your compensation claim is separate from your ongoing dental care. Dental professionals have a duty to continue providing appropriate treatment regardless of legal proceedings.
Many clients worry about "souring the relationship" with their dental practice. In reality, most dental negligence stems from systemic issues rather than personal failings. Your claim could actually drive improvements that protect future patients.
How do I get my dental records for a negligence claim?
We'll obtain all relevant dental records on your behalf, including treatment notes, X-rays, and correspondence. This is covered under our No Win No Fee arrangement.
One tip: if you're concerned about your dental treatment, make a note of key dates and symptoms while they're fresh in your memory. These details often prove crucial in building a strong case.
What if my dentist denies negligence?
Most dentists carry professional indemnity insurance precisely for these situations. Even if your dentist initially denies negligence, claims often settle once expert evidence is presented.
We prepare every case thoroughly with independent dental expert opinions. In our experience, clear expert evidence often leads to early settlement discussions rather than protracted disputes.
Can I make a dental negligence claim for someone else?
Yes, you can claim:
- As a 'litigation friend' for a child under 18
- For an adult lacking mental capacity to manage their own affairs
- For a deceased relative if you're their executor or administrator
Will I need to go to court for my dental negligence claim?
The vast majority of dental negligence claims settle without trial. Court proceedings might be formally issued to progress your claim, but this doesn't necessarily mean you'll attend a hearing.
If your case does require a trial, we'll ensure you're thoroughly prepared. Clients often find the process less intimidating than expected, particularly as dental negligence cases focus on expert dental testimony rather than aggressive questioning.
