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…
Root canal negligence claims
If you’ve suffered as a result of a failed root canal procedure and your dentist was at fault, you may have grounds to make a dental negligence compensation claim.
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Failed Root Canal Claims
A failed root canal procedure can result in ongoing pain, infection, tooth loss, and other serious dental complications. If you suffered avoidable harm due to negligent dental treatment, you could be entitled to make a failed root canal compensation claim.
A successful claim may compensate you for the pain and suffering you experienced, as well as cover the cost of additional treatment and any other financial losses caused by the negligence.
A specialist dental negligence solicitor can assess your case for free and advise you on your legal rights. If your claim is eligible, they will offer you a no win no fee service, so you can make a claim without paying legal fees upfront.
To start a failed root canal claim or to receive free legal advice, call 0800 470 0474 today or request a call back using our online claim form.
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Table of Contents
What is a failed root canal compensation claim?
A failed root canal claim is a type of dental negligence claim that can be made when a dentist or dental professional provides substandard treatment that causes avoidable harm.
Root canal treatment involves removing the infected pulp from inside a tooth, cleaning it and sealing it to prevent reinfection. Common signs and symptoms that the procedure may not have been successful include:
- Persistent tooth pain
- Sensitivity to hot or cold food or drinks
- Swelling of the gums or face
- Pus or discharge around the tooth
- Tenderness or pain when biting or chewing
If your root canal has failed because of substandard care, you may be able to make a claim for dental negligence.
Can I claim compensation for a failed root canal?
You may be eligible to make a dental negligence claim if the following can be proven:
- A dental professional owed you a duty of care.
- They breached this duty by providing negligent root canal treatment.
- This breach caused you pain, suffering and financial losses.
- You are within the legal time limit for starting a claim.
A specialist personal injury claims solicitor can assess whether your case meets these criteria and advise you on your compensation prospects.
Examples of dental negligence in root canal treatment
Not all root canal failures are due to negligence, as complications may sometimes arise even when proper care is followed. However, you may be able to make a claim for dental negligence if any of the following occurred:
- Failing to diagnose the extent of the infection or decay before starting treatment
- Failing to clean or seal the tooth canal properly
- Overfilling or underfilling the root canal system
- Accidental damage to the surrounding teeth, gums, nerves or bone
- Perforation of the root canal or sinus lining
- Lack of informed consent before beginning the dental procedure
- Failure to schedule follow-up appointments and monitor for infection
- Poor hygiene practices and inadequate sterilisation
How do I make a failed root canal claim?
If your dentist failed to provide a reasonable standard of care and you suffered avoidable harm as a result, you may be entitled to make a claim for compensation. The claims process typically involves these steps:
- Free consultation – A legal adviser will assess whether you have a potential claim.
- Gathering evidence – This may include your dental records, X-rays and independent dental reports.
- Letter of claim – A formal letter is sent to the dentist or dental practice, outlining the alleged negligence and the compensation you are seeking.
- Negotiations – Many claims are settled through negotiations with the defendant’s insurer.
- Court proceedings – If liability is denied or you cannot settle on a fair compensation award, your solicitor may issue court proceedings if appropriate.
Your solicitor will guide you through each step and handle communication with the dental provider on your behalf.
What is the time limit for dental negligence claims?
Under the Limitation Act 1980, medical negligence claims are usually subject to a 3-year limitation period, starting from:
- The date of the negligence
- The date you became aware of the failed root canal treatment and that it may have been caused by negligence
Exceptions include:
- Children – The three-year period starts on their 18th birthday; a parent or legal guardian can make a child injury claim on their behalf at any time before that.
- Lack of mental capacity – The time limit is suspended unless the person regains capacity.
No matter your situation, it is important to seek legal advice as soon as possible to preserve evidence and avoid missing the deadline.
How much compensation can I claim for a failed root canal?
The amount of compensation you could claim for a failed root canal will depend on the severity of your injury and any associated losses. This may cover two types of damages:
General damages for pain, suffering, and loss of amenity.
Special damages for financial losses and expenses, such as:
- The cost of remedial dental treatment
- Prescription costs
- Travel expenses to medical appointments
- Loss of earnings due to time off work
Examples of compensation awards for failed root canal negligence based on the Judicial College Guidelines include:
| Injury/Condition | Compensation Award |
|---|---|
| Loss or severe damage to a back tooth | £1,330 to £2,080 |
| Loss or severe damage to a front tooth | £2,690 to £4,820 |
| Loss or severe damage to two front teeth | £5,310 to £9,310 |
| Loss or severe damage to multiple front teeth | £10,660 to £13,930 |
| Significant, ongoing tooth pain lasting several years | Up to £46,540 |
| Simple jaw fractures with full recovery | £7,880 to £10,660 |
| Severe jaw fractures with permanent consequences | £21,920 to £55,570 |
| Moderate psychological impact with almost full recovery | £9,980 to £28,250 |
Can I make a failed root canal claim on a no win no fee basis?
If your root canal treatment failed due to dental negligence and you are entitled to claim compensation, you may be offered a conditional fee agreement, also known as no win no fee. This means that you will not have to pay your solicitor anything upfront.
You only pay a success fee to your solicitor if your claim is successful. This fee will be deducted from the compensation awarded to you and is capped by law at 25%.
What evidence do I need to support my claim?
To make a successful claim for root canal negligence, you must be able to prove that the treatment failed due to substandard care. You also need evidence of the injuries sustained and the damages incurred as a result. Useful evidence may include:
- Dental and medical records related to the root canal
- X-rays, scans and treatment notes
- An independent report from a dental expert confirming whether the treatment was negligent
- Photos of any visible signs of injury or negligence
- Witness statements from loved ones or dental staff if relevant
- Financial records for additional treatment costs and other related losses
Your solicitor will help you gather the evidence needed to support your claim.
What could be the consequences of a failed root canal?
If root canal treatment is performed negligently, the consequences can range from temporary discomfort to long-term pain and tooth loss. The most common outcomes include:
- Persistent tooth pain or infection
- The spread of infection to the gums or bone
- Damage to the surrounding teeth or nerves
- Loss of bone
- Tooth discolouration
- The need for additional treatment or surgery
- Tooth loss and the need for implants
- Long-term oral health problems
- Psychological distress due to chronic pain and dental damage
The type and severity of the harm you suffered will determine the amount of compensation you could receive for your root canal dental negligence claim.
How long does a dental negligence claim take?
Timeframes can vary significantly from case to case, depending on the complexity of the claim, the severity of injury and how well the defendant cooperates.
Simple cases in which liability is admitted may be settled in as little as 6 months. More complex claims that require expert reports or involve disputed liability can take 12-36 months. Your solicitor will aim to secure fair compensation as quickly as possible.
If you suffered pain, infection or tooth loss due to negligent root canal treatment, contact us today for a free case assessment. Call 0800 470 0474 or request a call back, and you can find out whether you may be entitled to compensation, with no obligation to proceed.
