Dental Negligence — No Win No Fee
Dental negligence claims arise when dental treatment falls below the standard expected of a competent practitioner, causing harm. These claims can be pursued on a no win no fee basis against both NHS and private dentists.
What Are Common Examples of Dental Negligence?
Direct Answer: Common dental negligence claims include nerve damage during extractions, failed implants, misdiagnosis, unnecessary extractions, and crown/bridge failures. Claims follow the same Bolam test as medical negligence and can be brought on a no win no fee CFA basis with a 3-year limitation period.
- Nerve damage — injury to the inferior alveolar or lingual nerve during extractions or implant placement
- Failed root canal treatment — incomplete treatment, perforations, missed canals
- Unnecessary extractions — removing teeth that could have been saved
- Misdiagnosis — failure to diagnose oral cancer, periodontal disease, or decay
- Crown and bridge failures — poorly fitting prosthetics causing further damage
- Orthodontic negligence — incorrect treatment planning or execution
- Failure to obtain informed consent — not explaining risks of treatment
How Does the Claims Process Work?
Dental negligence claims follow the Pre-Action Protocol for the Resolution of Clinical Disputes. A supportive expert dental report is essential before proceedings can be contemplated. The expert must confirm that the treatment fell below the standard expected and that the breach caused the injury complained of.
How Much Compensation Can You Receive?
Damages in dental negligence claims typically include general damages for pain, suffering, and loss of amenity (valued using the Judicial College Guidelines), the cost of corrective or remedial dental treatment, loss of earnings during recovery, and damages for psychological impact such as dental phobia or anxiety that affects future treatment.
Frequently Asked Questions
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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.
Sources for this page
Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.
- Courts and Legal Services Act 1990, s.58 (conditional fee agreements)
The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.
- Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013
Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.
- Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)
Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.
Who wrote and checked this page
- Written and published by
- Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
- Legal review
- Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
- Review dates
- Last reviewed 2 August 2026. Next review due 2 February 2027.
Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.