Many people fear going to the dentist, although most dental procedures are effective and carried out safely. However, when a medical professional does not fully…
Dental implant negligence claims
Find out if you can make a dental implant negligence claim on a no win no fee basis and how much compensation you could receive.
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Dental Implant Negligence Claims
Dental implants are a common and generally safe way to replace missing teeth. However, if the procedure is performed incorrectly or without proper care, you could suffer avoidable harm and serious complications. In such cases, you may be eligible to make a dental implant negligence claim.
Compensation can help cover the pain, suffering and distress caused by the injury, the cost of corrective treatment, lost earnings and other related expenses.
A specialist dental negligence solicitor can assess your case and advise whether you have grounds to make a compensation claim. If your claim can proceed, they can represent you under a no win no fee agreement.
Call 0800 470 0474 today or request a call back to find out whether you can make a claim with a free, no-obligation consultation.
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Table of Contents
Can I claim compensation for dental implant negligence?
You may be able to claim compensation if you suffered avoidable harm due to mistakes during the planning, surgery or aftercare of a dental implant procedure.
To make a successful dental negligence claim, you must be able to prove the following:
- A dentist owed you a duty of care.
- Your treatment fell below the expected professional standard.
- This negligence caused you an avoidable injury.
- You are within the legal time limit for starting a claim (usually 3 years).
A specialist solicitor can advise whether your case meets these criteria during a free initial consultation.
Who is responsible for a negligent dental implant?
Dental practitioners owe patients a duty of care to provide treatment that meets accepted professional standards. Before proceeding with an implant, they must:
- Assess whether the patient is suitable for the procedure.
- Clearly explain the potential risks and alternatives, and obtain informed consent.
- Possess the necessary training and experience to perform the treatment.
- Adhere to professional guidelines and use the proper technique.
- Follow strict hygiene standards and take reasonable steps to prevent complications during surgery.
- Schedule appropriate follow-up visits to monitor the implant.
Any mistakes leading to a dental implant failure may amount to medical negligence and entitle you to make a personal injury claim for compensation.
What could go wrong with a dental implant procedure?
Dental implant treatments are generally very safe when performed by a qualified dental professional. However, like all surgical procedures, they do involve risks such as infection, nerve damage and implant failure, which can often be reduced through proper planning and care.
Some examples of dental implant negligence that could give rise to a claim for compensation include:
- Failing to treat gum disease properly before placing the implant
- Damage to the surrounding teeth, nerves or sinuses due to poor technique
- Incorrect positioning or fitting of the implant
- Failing to assess bone density and your suitability for dental implant surgery
- Lack of informed consent before treatment
- Failing to recognise or treat complications
- Poor hygiene practices or lack of aftercare leading to infections
These and other forms of negligent dental treatment may result in an avoidable injury and a dental implant compensation claim.
How do I make a dental implant negligence claim?
Making a claim for dental negligence usually begins with seeking legal advice. The typical claims process includes:
- Initial consultation – A medical negligence solicitor will review your case and medical history.
- Evidence gathering – If you are eligible, they will help you gather supporting evidence.
- Independent medical assessment – An expert will determine whether your treatment was negligent and assess your injuries.
- Letter of claim – A formal letter of claim is sent to the defendant outlining the allegations of negligence and the compensation you seek.
- Settlement negotiations – Most claims are settled through negotiations with the defendant’s insurer.
- Court proceedings – If liability is denied or negotiations fail, the case may proceed to court.
You can call 0800 470 0474 to get in touch with a solicitor authorised and regulated by the Solicitors Regulation Authority and find out if you have a valid claim.
Is there a time limit for starting a dental negligence claim?
In most cases, you must start a claim within three years from the date the negligence occurred or the date of knowledge. If you fail to do so, your claim may become statute-barred under the Limitation Act 1980. There are a few exceptions:
- Date of knowledge – The 3-year period may begin from the date you became aware that you were affected by dental negligence.
- Children – The 3-year time limit only starts to run on a person’s 18th birthday, meaning they have until 21 to start a claim.
- Mental capacity – The limitation period is suspended unless the injured person regains capacity.
How much compensation could I receive for a failed implant?
The compensation awarded in dental negligence cases depends on the type and severity of the harm suffered by the claimant. Every claim includes an award for pain, suffering and loss of amenity (general damages) and an award for related financial losses (special damages), such as:
- The cost of additional treatment
- Travel expenses to medical appointments
- Loss of earnings due to time off work
- Prescription costs
- Counselling for mental health issues
General damages are assessed by referring to the Judicial College Guidelines. According to these, you could receive £2,000 to £20,000 or more for failed dental implants, depending on the severity of injury. A specialist solicitor can advise you on your compensation prospects during a free case assessment.
Can I make a no win no fee dental implant negligence claim?
If you are eligible to make a claim for injuries suffered as a result of dental implant negligence, you can proceed on a no win no fee basis with our experienced dental negligence team. This means you do not pay any upfront legal fees, and you will not pay your solicitor’s success fee if your claim is unsuccessful.
Your solicitor only receives payment if your claim is successful. This is known as a success fee, which is deducted from your compensation and capped at 25% of general damages and past financial losses.
What evidence is needed for a failed dental implant claim?
To make a successful dental implant claim, you need strong evidence to prove that the negligence occurred and that it caused your injuries and related losses. This typically includes:
- Dental and medical records
- X-rays and CT scans of the implant area
- Photographs of visible damage and complications
- Reports from independent dental experts
- Any correspondence with the dentist or dental clinic
- A copy of the consent form you signed
- Receipts for treatments and other related losses
- Witness statements
Frequently asked questions
Yes. You can make a dental negligence claim against an NHS dentist if the treatment they provided fell below a reasonable professional standard and caused you harm.
Claims against the NHS are handled by NHS Resolution.
In many cases, yes. Even if your dentist has retired, they may still be responsible for the treatment they provided and for any injuries resulting from negligent treatment. Dental professionals are generally required to have appropriate indemnity arrangements in place.
Dental negligence can sometimes lead to psychological harm, particularly if it caused severe pain, disfigurement or the need for corrective treatment.
Your claim can include anxiety, depression or post-traumatic stress disorder, as long as this is supported by medical evidence, such as a report from a psychologist or psychiatrist.
Yes. Giving your informed consent before a procedure does not automatically prevent you from starting a claim. It only means that you agreed to the treatment after being adequately informed about the risks and benefits. You could still claim compensation if you suffered unnecessary and avoidable harm due to negligence.
Dental negligence compensation claims are typically resolved within 12-24 months. However, if your claim is straightforward and liability is admitted from the beginning, it could settle faster, while complex cases can take longer.
You are not legally required to hire a solicitor for your claim. However, compensation claims for dental implant negligence can be complex and often require expert evidence and detailed legal knowledge.
Having professional legal support can significantly improve your chances of a successful outcome and help ensure your claim is properly valued.
If you suffered complications or avoidable harm because of a dental implant, you may be entitled to compensation. To find out whether you can make a claim, call 0800 470 0474 today for a free case assessment or request a call back by completing our online claim form.
