An individual assessment
Discuss whether you can pursue dental negligence claims
Dental negligence claims concern care such as diagnosis, restorative treatment, extraction or follow-up that may have caused avoidable injury. AJS needs to distinguish dissatisfaction with appearance or cost from a legally supportable failing and resulting harm. The original dental condition, treatment plan and alternatives discussed are important. Contact the firm to assess the records and proposed investigation before assuming that failed treatment, discomfort or the need for further dentistry establishes negligence.
See the wider clinical negligence claims serviceIdentify the tooth, treatment and alleged avoidable harm
What needs to be established
A dental enquiry should identify the practice, treatment dates and teeth involved where known. Concerns may involve missed disease, extractions, root treatment, implants, restorations or orthodontic care. Dissatisfaction with appearance or an early failure does not automatically prove negligence. The prior condition, treatment plan, consent and clinical standard require assessment, together with the additional harm alleged.
How this affects your enquiry
Keep estimates, plans, radiographs available to you and correspondence explaining corrective treatment. A second dentist's recommendation can identify an issue, but it is not automatically an independent legal opinion on breach and causation. Ask for the clinical explanation and preserve the record rather than interpreting every proposed repair as proof of fault.
Distinguish a fee dispute, complaint and injury claim
What needs to be established
A request for a refund, a professional complaint and compensation for injury are different processes. State which steps you have taken and retain any offer or release. Do not assume accepting a discounted repair is irrelevant to the wider dispute; the terms should be checked. Equally, an initial complaint does not itself start court proceedings or preserve a limitation period.
How this affects your enquiry
Explain pain, eating difficulties, nerve symptoms, appearance concerns and supported future treatment needs. Keep receipts and identify whether the costs concern remedial work or treatment that would have been needed anyway. AJS can discuss whether the proposed enquiry and expert costs are proportionate before agreeing representation.
Prepare for your dental negligence claims discussion
Give a focused account of your circumstances
Gather the treatment plan, estimates, consent information, appointment dates and subsequent recommendations. Keep relevant photographs and radiograph references, including earlier dental history. Record symptoms and complaints in chronological order. Explain replacement or remedial treatment costs with actual estimates, identifying what work was already needed before the disputed treatment.
Agree scope, costs and the next action
Discuss scope and funding before instruction. Read our costs information and ask which terms would apply to your case.
Dental negligence claims: questions before instructing
Can both NHS and private dental treatment be reviewed?
The funding label does not by itself determine whether care was negligent. Provide the treatment and provider details, including any mixed NHS and private work. The appropriate complaint route and compensation investigation should be identified from those circumstances.
Is accidental damage to a tooth the same as dental negligence?
No. A tooth damaged in a collision or sporting incident may belong within the accident claim. Dental negligence concerns the standard of professional care. If later treatment allegedly caused additional harm, explain the two events separately so losses are not confused or duplicated.
Does a failed filling or crown automatically mean negligence?
No. The original tooth condition, treatment standard and reasons for failure need assessment.
Can the wrong tooth being extracted be investigated?
Yes. The treatment plan, consent and clinical records are central to identifying the event and resulting harm.
What if decay was not diagnosed earlier?
The examination, radiographs and progression require expert review rather than assuming any later diagnosis proves a breach.
Can nerve injury after extraction support an enquiry?
Potentially. Consent, technique, recognised risks and aftercare need separate consideration.
Are cosmetic dissatisfaction and injury the same issue?
No. Explain the actual harm, agreed treatment and alleged failing rather than relying only on disappointment with appearance.
Should I keep remedial treatment estimates?
Yes. They help identify proposed work and cost, but necessity and recoverability still require assessment.
Can NHS and private dental treatment both be examined?
Potentially. Identify each provider and episode so the relevant parties and records can be established.
What if several dentists treated the same tooth?
Provide the complete sequence to distinguish pre-existing problems from consequences of later care.
Does signing a dental consent form end the discussion?
No. The information actually provided and the treatment performed remain relevant.
Can implant failure be investigated?
Yes, where the circumstances warrant it, but implant failure alone does not establish negligent care.
Should I delay urgent dental treatment to preserve evidence?
Seek necessary clinical care. Ask about records and photographs without allowing evidence gathering to compromise treatment.
What if the practice has closed?
Keep dentist, practice and insurer correspondence to help identify the appropriate records and parties.
Can speech or eating problems affect assessment?
Describe functional difficulties and treatment advice accurately, with the impact on work and daily life.
Are photographs taken at home enough?
They may illustrate changes but do not replace dental examination, imaging and clinical records.
What if I did not attend recommended follow-up?
Disclose the attendance history and advice so its significance can be assessed fairly.
Can travel for corrective dentistry be considered?
Keep appointment and expense records, separating reasonable additional costs from ordinary planned care.
Does a refund of the dental fee settle injury rights?
Check the terms. A fee refund and a wider release of claims may have different effects.
How do I request a dental negligence assessment?
Give AJS the treatment, alleged error, resulting injury and remedial advice, including relevant dates.
Sources and further reading
England and Wales claim enquiries. Ask about jurisdiction for other locations. See our terms and information about this website.
Related claim services
Speak to Alexander James Solicitors
Ask about your dental negligence claims
Contact AJS with a short account of the incident and any approaching deadline.