Dental Abscess Claims

A dental abscess is a painful tooth infection that, if left untreated or mismanaged, can lead to serious health complications. If you’ve suffered a dental abscess that was caused or made worse by negligent dental treatment, you may be eligible to make a dental abscess claim.

Our team of specialist medical negligence solicitors are here to protect your legal rights and help you secure the compensation you deserve for your pain, suffering and any related financial losses.

For a free consultation with a friendly legal adviser, call 0800 470 0474 today or use our online claim form to request a call back. They will assess the merits of your case and answer all your questions, with no obligation to proceed.

Find out if you can claim

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Table of Contents

• Am I eligible to make a dental abscess compensation claim?
• What is a dental abscess?
• How is a tooth abscess diagnosed and treated by a dentist?
• What are the health complications of an undiagnosed or poorly treated tooth abscess?
• Examples of medical negligence that could lead to a dental abscess claim
• Evidence needed to claim compensation for a dental abscess
• Can I make a dental abscess claim on behalf of my child?
• How much compensation can I claim for a dental abscess?
• Time limits to start a dental abscess compensation claim
• Can I make a dental abscess negligence claim on a No Win No Fee basis?
• Speak to a specialist dental negligence solicitor today!

Am I eligible to make a dental abscess compensation claim?

You may be able to claim compensation for a dental abscess if the following conditions apply:

• A duty of care existed – This is straightforward, as all registered dentists and dental professionals in the UK owe patients a legal duty of care to provide competent treatment.
• There was a breach of duty – You must prove that your dentist failed to meet the standard of care expected of a competent practitioner. Examples include failing to spot or treat an abscess promptly or performing a negligent procedure that led to infection.
• The breach caused you harm – It is not enough to prove that your healthcare provider was negligent. To have a valid claim, you must also be able to show a direct link between the negligence and your injury or condition, such as increased pain or the need for additional treatments.
• You are within the time limit for personal injury claims – You generally have three years to start a claim from the date of the negligence or the date you first realised the harm was caused by negligent dental treatment.

Use our claim assessment form below to find out if you may have a valid personal injury claim:

What is a dental abscess?

A dental abscess is a collection of pus in the gums or teeth caused by an infection, often resulting from tooth decay, gum disease, cavities, or mouth injuries. Some of the most common dental abscess symptoms include:

• Intense toothache or gum pain
• Throbbing or shooting pain in the affected area
• Swollen gums
• A swollen jaw or face
• Difficulty speaking or eating
• Sensitivity to hot and cold food and beverages
• A sour, putrid or bitter taste in the mouth
• Bad breath
• Leakage of pus from the gums
• A high fever or swollen lymph nodes
• A general discomfort and uneasiness

A dental abscess won’t heal on its own and requires prompt, professional treatment. If your dentist failed to diagnose, treat, or prevent the tooth infection, you may be entitled to make a dental negligence claim.

How is a tooth abscess diagnosed and treated by a dentist?

To diagnose a tooth abscess, dentists typically begin by asking about your symptoms, including the type, severity, and duration of the pain you feel. They will also inspect the affected area and look for signs of swelling, redness, and other indicators of infection.

Your doctor will also tap on your teeth to see how sensitive they are to touch and pressure. They may also do hot and cold tests to determine if there is nerve damage in the affected tooth.

Most importantly, your dentist will recommend an X-ray or CT scan to determine the extent of the infection and whether it has spread to other areas of the mouth.

The treatment for a dental abscess aims to eliminate the infection and prevent complications, and may include:

• Antibiotics, if the infection has spread or there are signs of fever and swelling
• Incision into the abscess to drain the pus and relieve pain and pressure
• Root canal treatment, which is a common and effective way to save a damaged tooth
• Tooth extraction, if it is too damaged and cannot be saved
• Over-the-counter pain relievers like ibuprofen or acetaminophen can help manage pain and reduce fever

If you have suffered avoidable harm due to a dentist’s failure to diagnose or treat an abscess, our team of solicitors can help you make a compensation claim on a no win no fee basis.

What are the health complications of an undiagnosed or poorly treated tooth abscess?

A misdiagnosed or poorly treated tooth abscess can lead to more serious and sometimes long-term or even life-threatening complications, such as:

• Prolonged pain that can radiate to the jaw, neck or ear and interfere with daily activities
• The tooth may become unsalvageable, and you may need a dental implant or bridge to replace it
• The infection can spread to the surrounding tissues, bones or even into the bloodstream (sepsis)
• In rare cases, the abscess can spread to the sinuses or the brain, which can be very dangerous and require emergency surgery
• Bacterial endocarditis, caused by the spread of the infection to the heart’s inner lining
• Erosion of the soft tissue and the need to extract multiple teeth
• Gum disease and deformation of the jawbone

Any complications you’ve suffered due to a dentist’s failure to identify and treat a tooth infection in its early stages will be included in your compensation claim.

Examples of medical negligence that could lead to a dental abscess claim

A tooth abscess is a painful infection, typically caused by untreated tooth decay, gum disease or trauma. If a dentist fails in their duty of care and this leads to an abscess or allows it to worsen, you may be able to make a claim for dental negligence.

Some of the most common examples of negligence in claims for dental abscess include:

• Ignoring symptoms such as pain, fever or swelling
• Failing to carry out appropriate investigations, such as X-rays
• Misdiagnosing the abscess as a minor dental issue
• Failure to act promptly when signs of infection were present
• Not prescribing antibiotics on time
• Allowing the infection to spread to the jaw, sinuses or bloodstream
• Failing to treat a minor tooth damage, which led to an abscess
• Incomplete or improper root canal treatment
• Failing to prevent an abscess after a tooth extraction or leaving root fragments behind
• Introducing bacteria due to unclean tools or poor hygiene
• Poorly placed crowns, bridges or fillings that trap bacteria
• Failure to refer complex cases to a specialist
• Lack of informed consent

If you suffered harm due to any of these or other types of dental negligence, get in touch with our friendly legal advisers by calling 0800 470 0474 to find out if you can make a claim.

Evidence needed to claim compensation for a dental abscess

To make a successful dental abscess claim, you will need evidence to prove that your abscess was the result of negligence or substandard care from a dentist. You must also be able to show how this has affected your life and well-being.

The types of evidence you could use to support your claim include:

• Dental records – your complete dental history and treatment notes, including X-rays and appointment logs
• Medical records – medical evidence from your GP or the hospital proving that you suffered a physical or psychological injury due to the negligent treatment
• Expert testimony – a report from an independent dental expert who can show how your dentist was negligent
• Photographs – you can use pictures of visible injuries, such as facial or gum swelling, poor dental work or disfigurement
• Witness statements – you can use statements from loved ones who were with you during treatment or have seen its impact on your life
• Your testimony – a written statement from you about the pain and symptoms you experienced and how your life was affected
• Correspondence – any correspondence between you and the dentist, or formal complaints made with the dental practice or the NHS
• Financial evidence – you also need receipts, invoices and other documents that can prove the out-of-pocket expenses related to the poor dental abscess treatment

Your solicitor will help you gather all the necessary evidence to support your claim and get the compensation you deserve.

Can I make a dental abscess claim on behalf of my child?

If your child suffered avoidable harm due to negligent dental treatment, they will not be able to start a compensation claim themselves. Instead, you or another suitable adult will have to represent them as a litigation friend.

The first step is to fill in and file a certificate of suitability with the court. This is required to prove you can make fair and competent decisions about the claim and that there are no conflicts of interest between you and the child.

As a litigation friend, you will have several duties, which include:

• Instruct solicitors on behalf of the claimant
• Help gather supporting evidence
• Make decisions in the child’s best interests
• Consider settlement offers from the defendant
• Attend court hearings if necessary

If you secure compensation for dental negligence on behalf of your child, this must be approved by a judge. The funds will then be kept in a court bank account or a personal injury trust and released to the child on their 18th birthday.

How much compensation can I claim for a dental abscess?

There is no set compensation settlement for a dental abscess negligence claim. The amount you could receive will be carefully calculated by your personal injury solicitor based on two types of damages incurred due to the negligent treatment:

General damages refer to the compensation awarded for the tooth abscess and any other injuries sustained. This will take into account:

• Physical pain and discomfort
• Long-term disfigurement
• Emotional distress and anxiety
• Impact on hobbies and daily activities

Special damages cover any financial losses and out-of-pocket expenses linked to the abscess, such as:

• Loss of earnings if you were unable to work during recovery
• Prescription and medication costs
• Private dental treatments, such as root canal, implants or corrective work
• Travel expenses to and from dental appointments
• Care and assistance if you needed help during recovery

While special damages are calculated based on documents such as receipts and invoices, general damages are based on the guidelines from the Judicial College. According to our online compensation calculator, you could receive:

• £1,330 to £2,080 for minor damage to a back tooth
• £2,960 to £4,820 for severe damage to a front tooth
• £5,310 to £9,310 for damage to two front teeth
• £10,660 to £13,930 for severe damage to several front teeth
• Up to £46,540 for excruciating pain and significant long-term damage

Time limits to start a dental abscess compensation claim

The Limitation Act 1980 imposes a three-year time limit for making a dental negligence claim. The limitation period will typically start from when the abscess was diagnosed and linked to negligent treatment.

The following exceptions apply to the typical three-year time limit:

• If your child has been affected, the time limit does not begin until they turn 18. That means you can make a child injury claim on their behalf at any time before their 18th birthday.
• If the injured person cannot handle a claim due to a condition such as Down syndrome, autism or Alzheimer’s, the time limit is suspended. A litigation friend can claim on their behalf at any time.

Can I make a dental abscess negligence claim on a No Win No Fee basis?

If you are entitled to compensation, our team of expert dental negligence solicitors will help you make a no win no fee claim. This means that:

• You do not have to pay your solicitor a penny upfront.
• A success fee that your solicitor is entitled to if they win the case will be agreed from the outset.
• The success fee will be deducted from your compensation award and is capped at 25% of your settlement.
• If you lose your compensation claim, you will not have to pay your solicitor anything, so there is no financial risk when making a claim.

Speak to a specialist dental negligence solicitor today!

If you’ve suffered avoidable harm due to dental negligence and want to make a medical negligence claim, our team of friendly legal advisers are ready to help.

We will provide you with a free case assessment to find out if you are eligible to make a dental abscess compensation claim and will guide you through the claims process.

If you have a valid claim and want to proceed, you will be paired with an experienced dental negligence solicitor. They will offer you a no win, no fee service, ensuring you have absolutely nothing to pay if your claim is unsuccessful.

Last edited on 8th Aug 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.