Dental Infection Claims

If you’ve suffered a dental infection due to negligent care or received poor treatment for a dental abscess, you may be eligible to make a dental infection claim for compensation.

Dentists owe every patient a legal duty of care to provide treatment to the standard expected of a reasonably competent dental professional. If this duty is breached and you suffer harm, such as an avoidable dental infection, you may have grounds for a medical negligence claim.

We understand how distressing and painful it can be to suffer dental negligence, and we are here to help you. Our team of specialist solicitors offer a free case assessment and a 100% no win no fee service if you are eligible to proceed.

To get started with a free consultation, call 0800 470 0474 today or request a call back.

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Table of Contents

• What is a dental infection claim?
• Am I eligible to make a dental infection compensation claim?
• Can I make a claim against the NHS?
• What are the most common causes of dental infections?
• What are the signs and symptoms of a dental infection?
• What complications can a dental infection cause?
• How should a dental infection be diagnosed and treated?
• What counts as negligent dental treatment?
• What evidence is needed to support a dental negligence claim?
• How much compensation could I receive for negligent dental treatment?
• Do dental negligence solicitors work on a No Win No Fee basis?
• What is the time limit to make a dental negligence claim?
• Can I claim compensation on behalf of my child?
• How long do claims for dental negligence take to settle?
• Will I need to go to court for a dental infection claim?

What is a dental infection claim?

A dental infection claim is a legal claim for compensation filed against a dentist who has provided substandard care and caused you avoidable harm. It is a type of medical negligence claim that can arise from situations such as:

• Negligent root canal treatment or tooth extraction.
• Failure to diagnose or treat an abscess or gum infection.
• Poor hygiene or sterilisation of medical instruments.
• Failing to treat an infection with the correct prescription of antibiotics or pain relief.
• Delayed referral to a specialist when needed.
• Failing to recognise the signs of tooth decay in a timely manner.
• Substandard surgical procedures, such as poor draining of an abscess.

If you or your child has suffered avoidable harm caused by a substandard dental procedure, you may be entitled to dental negligence compensation.

Am I eligible to make a dental infection compensation claim?

A specialist medical negligence solicitor can let you know if you are eligible to proceed with a claim after verifying whether these four key elements apply to your case:

• Duty of care: A dentist owed you a legal duty of care. This automatically applies when you become their patient.
• Breach of duty: The dentist failed to meet the professional standards expected of them. This could involve failing to diagnose your condition or other types of negligence.
• Causation: Their substandard care directly caused your infection or made it worse.
• Damages: You have suffered damages as a result of the negligent care, such as pain, suffering and financial losses.

If these can be supported by evidence, you have a strong chance of making a successful dental infection claim against your dentist.

Can I make a claim against the NHS?

Yes. If you have suffered harm due to the negligent treatment of a dental infection at an NHS dental practice, you could make a claim against the NHS. Both NHS and private dentists owe the same duty of care to patients and can be held liable for compensation if they fail to fulfil it.

NHS Resolution handles all claims against the NHS, and they do not affect the funds allocated for patient care and treatment. Similarly, claims against private practitioners will be handled by their insurer, as they are legally required to be insured.

To start your claim for a dental infection, all you need to do is speak to a specialist personal injury lawyer as soon as possible. They will:

• Help you gather supporting evidence.
• Calculate the compensation amount you are entitled to.
• Send a letter of claim to the defendant.
• Negotiate a settlement on your behalf.
• Prepare for a court trial if negotiations fail.

What are the most common causes of dental infections?

A dental infection develops when bacteria enter the soft tissue inside a tooth or the surrounding gums and bone, causing inflammation and sometimes the formation of pus. The most common causes of dental infections include:

• Poor oral hygiene.
• Chipped, cracked or broken teeth.
• Untreated tooth decay.
• Advanced gum disease (periodontitis).
• Failed or negligent dental treatment.
• Dental trauma.
• A weakened immune system.

If you suffered unnecessary pain and suffering because of an avoidable error in your dental care or treatment, you may be entitled to seek compensation.

What are the signs and symptoms of a dental infection?

Recognising the symptoms of a tooth infection early is essential to ensure timely treatment and prevent complications. Common signs and symptoms include:

• Swollen, red or tender gums around the affected tooth/teeth.
• A swollen jaw and neck glands.
• Severe or throbbing toothache that may radiate to the jaw, ear, or neck.
• Sensitivity to hot or cold food and drinks.
• Bad taste or foul smell due to pus leaking from the gums.
• Fever and a general feeling of being unwell.
• Difficulty breathing, swallowing or opening the mouth.
• Pain when biting or chewing.

If you experience a high fever, rapid facial swelling, difficulty breathing and severe pain, you should seek urgent medical care. An untreated dental infection can spread and lead to serious complications, which are discussed below.

What complications can a dental infection cause?

If not properly diagnosed and treated, a dental infection can lead to serious and sometimes life-threatening complications, including:

• Dry socket, a painful condition where the gum does not heal properly after an extraction.
• The spread of infection to the nearby tissues, causing cellulitis in the face or neck.
• Long-term tooth damage or tooth loss.
• Osteomyelitis, an infection that may destroy the bone tissue and cause jaw damage.
• Sinusitis and chronic sinus problems.
• Gum disease that may progress to periodontitis.
• Rotting of the surrounding tissue and the need to extract multiple teeth.
• Acute endodontic flare-ups and infections from a poorly performed root canal.
• Bacterial endocarditis, an infection of the heart’s inner lining.
• Sepsis, in rare but severe cases, if the bacteria enter the bloodstream.

If you suffered complications because your dentist failed to provide a reasonable standard of care, you may be entitled to make a dental infection compensation claim.

How should a dental infection be diagnosed and treated?

A dental infection is a potentially serious condition whose prompt diagnosis and appropriate treatment are essential. Dentists are expected to:

• Thoroughly listen to and discuss your symptoms.
• Examine the area for signs of infection and order appropriate X-rays if required.
• Identify and address the cause of the infection.

Once diagnosed, the standard treatment for a dental infection usually involves:

• Make a small incision to drain any pus that has built up.
• Repair the tooth decay where the infection has developed.
• Root canal treatment, if the infection has spread to the pulp of the tooth to remove the infected tissue and clean the canal.
• Extract the tooth if it is too damaged to be saved.
• Prescribe antibiotics if the infection has spread beyond the tooth.
• Provide aftercare instructions on oral hygiene and pain relief.

Failure to properly investigate symptoms and provide the correct treatment could amount to medical negligence and may entitle you to compensation.

What counts as negligent dental treatment?

Some examples of negligent treatment that could entitle you to start a claim for dental infection compensation include:

• A misdiagnosis or delayed diagnosis of tooth decay, gum disease or other oral health problems.
• Negligent or incorrect root canal treatment.
• Poor tooth extraction, such as leaving fragments of tooth behind or failing to clean the area properly.
• Incorrect or delayed treatment, such as drainage or root canal therapy.
• Using unsterilised or inadequately sterilised dental equipment.
• Failing to prescribe antibiotics to prevent or manage infections, particularly for high-risk patients.
• Failing to refer the patient to an oral surgeon or hospital when necessary.
• Not offering proper aftercare instructions after dental work or extractions.
• Failing to identify or manage complications.

Not every poor outcome is negligence. To make a successful claim, your solicitor must prove that your treatment fell below the expected care and directly caused avoidable harm.

What evidence is needed to support a dental negligence claim?

To make a successful claim, you need strong evidence to prove that your dentist’s negligence has caused your dental infection or made it worse, such as:

• Dental records with details of your examinations, X-rays and treatment plans.
• Medical records attesting to your dental infection and related complications.
• An independent expert report assessing whether you received substandard care and how this has caused your injury.
• Before and after photographs or X-rays showing the extent of the infection and the damage to your teeth.
• Copies of any communication with your dentist, such as emails or text messages, in which you shared your concerns.
• Statements from you and loved ones who saw the impact of the negligence on your life.
• Financial records proving any related losses and expenses.

How much compensation could I receive for negligent dental treatment?

The compensation for a dental infection is based on two types of damages:

• General damages are awarded for the pain, suffering and loss of amenity caused by the dental negligence.
• Special damages are awarded for related financial losses and expenses, such as prescriptions, further treatments and lost wages during recovery.

While no two cases are the same, you could expect to receive:

• £1,330 to £2,080 for the damage or loss of a back tooth.
• £2,690 to £4,820 for the damage or loss of a front tooth.
• £5,310 to £9,310 for serious damage or loss of two front teeth.
• £10,660 to £13,930 for the damage or loss of several front teeth.
• Up to £46,540 for damage to teeth causing significant chronic pain.

Do dental negligence solicitors work on a No Win No Fee basis?

If you have a valid claim for a dental infection, the solicitors we work with would be happy to represent you on a no win no fee basis, also known as a conditional fee agreement. Making a no win no fee compensation claim means that:

• There is nothing to pay upfront, or if your claim is unsuccessful.
• You only pay a success fee to your solicitor if and after you receive compensation.

The success fee is deducted from your settlement and capped at 25% by law.

What is the time limit to make a dental negligence claim?

Under the Limitation Act 1980, there is a general three-year time limit to start a personal injury claim. For a dental infection, the three-year period usually starts from when the negligence is discovered.

There is no time limit to make a claim on behalf of a child under 18 or an adult who lacks mental capacity and can’t represent themselves.

Read more: What is the time limit for starting a claim for compensation?

Can I claim compensation on behalf of my child?

Yes. If your child has suffered an infection after dental work that wasn’t up to standard, you can make a dental negligence claim on their behalf. Parents and legal guardians can usually seek compensation for their children by acting as their litigation friend.

This means you will act in your child’s best interests and make decisions on their behalf throughout the legal claims process. You can claim for your child’s pain and suffering, as well as the cost of further dental care, cosmetic treatment or lost wages while caring for them.

How long do claims for dental negligence take to settle?

There is no set amount of time to resolve a case for dental negligence. The timeframe can vary depending on the complexity of the case, whether the defendant admits liability, the severity of your complications and many other factors.

On average, a simple, straightforward claim can be settled within a few months. Complicated cases that involve denied liability or going to trial may take a year or more to resolve.

Read more: How long does a medical negligence claim take?

Will I need to go to court for a dental infection claim?

In most cases, claims for dental infections don’t go to court, whether they are made against the NHS or a private practitioner. Settling out of court is better for both parties, as it involves less stress, time, and fewer expenses.

A small number of cases, where liability is disputed or the amount of compensation cannot be agreed, may need to proceed to court. Even so, the claim is typically settled before the trial date, so you have nothing to worry about.

If you are considering starting a dental infection claim, our team of expert solicitors are here to advise you and guide you through the claims process. For a free initial consultation, call 0800 470 0474 or request a call back.

Last edited on 27th Oct 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.