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The hidden costs of poor dental service and how to recover them legally

Dr. Amir Haydarian is a distinguished dentist based in Toronto, Ontario, with over 25 years of experience in the dental field.

When dental care falls below a reasonable standard, the consequential costs accumulate rapidly. Diagnosis, remedial work, time off, anxiety.

Navigating recovery is easier with specialist negligence solicitors who understand both dentistry and civil procedure.

What counts as dental negligence?

Negligence is substandard care that causes injury or financial loss, measured against a competent practitioner’s standard. Early triage and, where appropriate, dental negligence claims help clarify breach, causation and quantifiable loss.

The hidden costs patients often miss

Direct refunds rarely cover the full impact, which accumulates over weeks and sometimes months.

  • Private remedial fees often range from £50 – £150 to re-cement a crown or bridge.
  • Repeat appointments mean lost earnings and childcare, sometimes two visits, sometimes four.
  • Pain, loss of amenity and psychological distress are valued by reference to the Judicial College Guidelines.
  • Follow-on costs, night guards after occlusal changes, hygiene visits, travel and medication.

Context matters. NHS Resolution paid over £2.8bn across its indemnity schemes in 2023–24. Crucially, this figure represents the total spend across all clinical schemes in the NHS, not dentistry alone; dentistry accounts for only a small fraction of this total. This figure serves as a reminder that clinical failings carry significant financial consequences and dentistry sits within that wider picture. Regulators set standards and inspect, but only a civil claim recovers your personal losses.

Are there real cases, not hypotheticals?

Yes. Two patterns recur in published material. Case A, lower wisdom tooth surgery. Published UK and European studies suggest approximate one-year nerve injury rates of around 0.9% for the inferior alveolar nerve (IAN) and 0.6% for the lingual nerve (LN). These figures are estimates within broad published ranges and are highly variable depending on the surgical technique, the patient’s risk profile, and the specific study.

Where consent covered material risks and imaging showed prudent planning, claims are harder to prove. Where risk discussions were thin or panoramic imaging showed red flags and CBCT would reasonably have been indicated, omission is often criticised in claims and can weaken a defence. In serious nerve-injury cases, awards can reach five figures.

Case B, endodontic and periodontal care. Defence-organisation and firm reports indicate endodontic settlements are commonly in the high-thousands, while periodontal disease claims tend to be higher – often in the low- to mid-five-figure range, depending on tooth loss and long-term care.

Real-world firm reports describe four- and five-figure outcomes after missed infection leading to extraction, bridge failure or avoidable implant work. The thread through nearly all of them, records and timelines decide credibility.

How should losses be documented to build a robust claim?

Maintain straightforward and contemporaneous documentation.

  1. Store receipts for remedial care, medication, travel and parking in one folder or app.
  2. Ask your employer for a note confirming time off, reduced duties and any wage impact.
  3. Request complete dental records and radiographs, including referrals and consent forms.
  4. Write a plain-English timeline with dates, symptoms and outcomes.
  5. See your GP if pain, sleep or anxiety worsen, because treatment and diagnosis entries corroborate your account.

Specialist dental experts opine on breach and causation. Quantum experts forecast future care, from maintenance to replacements. Although this approach may appear formal, structured documentation expedites cases and improves settlement offers.

How long do you have to claim?

Generally three years from the date of knowledge in England and Wales. For children, the three-year period runs from their 18th birthday (i.e., usually until age 21). There are exceptions for capacity and overseas treatment, so take advice early rather than close to a deadline.

When should legal help be sought?

As soon as harm is suspected and before committing to expensive remedial work. That protects evidence, avoids limitation pitfalls and may unlock interim payments where liability looks clear. Standards on consent and record-keeping are specific and public, enabling strong cases to be built efficiently while weaker claims are identified early.

Careful documentation, expert evidence and the right legal route make recovery realistic. If breach and harm align, dental negligence claims can deliver compensation, and experienced specialist negligence solicitors can ease the burden, allowing you to focus on recovery.

Read more:
The hidden costs of poor dental service and how to recover them legally

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