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…
Gum disease negligence claims
Find out if you can claim compensation for gum disease negligence caused by delayed diagnosis or poor dental treatment.
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Gum Disease Negligence Claims
Gum disease is a serious condition that can lead to bone damage, tooth loss and long-term oral health problems. If your dentist has failed to diagnose or treat gum disease within a reasonable timeframe, and this has caused avoidable harm, you may be entitled to make a gum disease compensation claim.
Compensation can help cover the pain and suffering you experienced, the cost of corrective dental treatment, and any other financial losses linked to the negligence.
A specialist dental negligence solicitor can assess your case for free and explain your legal rights. If you are eligible to claim compensation, they can represent you under a no win no fee agreement.
To receive free legal advice, call 0800 470 0474 today or use our online claim form to request a call back.
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Table of Contents
What is gum disease negligence?
Gum disease negligence occurs when a dental professional fails to properly diagnose, manage, or treat gum disease, allowing the condition to worsen and cause avoidable harm.
Gum disease, also known as periodontal disease, causes infection and inflammation of the gums and bones that support the teeth. When treated early, the condition is usually reversible, but without proper treatment, it can progress and cause permanent damage.
Examples of negligent dental care that may lead to worsening periodontal disease include:
- Failing to identify signs of gum disease during routine checks
- Failing to measure and record gum pocket depths
- Failing to provide scaling and root planing treatment
- Misdiagnosing periodontal disease as minor gingivitis
- Delayed referral to a specialist periodontist
- Failing to carry out periodontal charting to monitor gum health
If these failures have resulted in worsening infection, tooth loss or other complications, you may be entitled to make a compensation claim.
Can I make a gum disease negligence claim?
You may be eligible to make a claim if you can prove that the harm you suffered was because your dentist provided treatment that fell below an acceptable professional standard.
To make a successful claim for dental negligence, the following elements must usually be established:
- A dental professional owed you a duty of care.
- That duty of care was breached through negligent treatment.
- The negligence caused your condition to worsen.
- You suffered avoidable harm and complications as a result.
- You are within the legal time limit for starting a claim (usually 3 years).
A specialist solicitor can review your case for free and advise you on your legal rights.
Does my dentist owe me a legal duty of care?
Yes. All dentists owe their patients a legal duty of care. This means they must provide treatment that meets the standard expected of a reasonably competent professional in their field. This includes:
- Carrying out proper dental examinations
- Investigating the patient’s reported symptoms
- Identifying and diagnosing dental conditions
- Providing appropriate treatment and advice
- Referring patients to specialists when necessary
- Keeping accurate dental records
If your dentist failed to meet these standards and you suffered avoidable complications because of undiagnosed gum disease, you may be entitled to make a claim for compensation.
Is there a time limit to start a gum disease compensation claim?
Under the Limitation Act 1980, you typically have three years to make a dental negligence claim. This may begin from:
- The date the negligent treatment occurred.
- The date you first became aware that the negligence caused you harm.
There are some exceptions to this rule:
- Children – The 3-year time limit begins on their 18th birthday. A parent or legal guardian can make a child injury claim on their behalf at any time before then.
- Lack of mental capacity – If the injured person does not have the mental capacity to handle their own case, the time limit may be suspended.
How do I make a claim for gum disease negligence?
The claims process typically begins with a free case assessment provided by a specialist gum disease claims solicitor. If you are eligible for compensation, they will help you gather supporting evidence to build a strong claim, including reports from independent dental experts.
Your solicitor will then send a letter of claim to the defendant, outlining the allegations of negligence and the compensation you expect from them. If liability is admitted, your case will usually be resolved through negotiations with the dentist’s insurer.
If liability is denied or you can’t agree on compensation, your solicitor will issue court proceedings and prepare to argue your case before a judge. If successful, you will receive your gum disease compensation payment within a few weeks.
How much compensation can I claim for gum disease negligence?
There is no set amount of compensation in dental negligence cases. This is calculated on a case-by-case basis, depending on the severity of the injuries suffered and related losses.
Every medical negligence claim covers two types of damages: general damages for pain, suffering and loss of amenity, and special damages for related financial losses and expenses, such as:
- Corrective dental treatment
- Dental implants or prostheses
- Travel expenses to medical appointments
- Loss of earnings
- Ongoing medical care
General damages are assessed according to the Judicial College Guidelines. For example, you could receive:
- £1,330 to £2,080 for loss of a back tooth
- £1,370 to £2,450 for minor injuries with recovery within a few months
- £2,690 to £9,310 for loss or damage to 1-2 front teeth
- Up to £38,000 for severe, chronic dental injuries
Can I make a gum disease claim on a no win no fee basis?
Yes. If you can proceed, a solicitor specialising in dental negligence claims will handle your case under a conditional fee agreement, commonly known as a no win no fee agreement, which means that:
- You do not pay any legal fees upfront.
- You do not pay your solicitor anything if the claim is unsuccessful.
If you win the claim, your solicitor will deduct a success fee from your compensation. This is capped at 25% and is agreed upon from the beginning. This allows you to pursue a claim without financial risk.
What evidence do I need to support a dental negligence claim?
Strong evidence is essential to start your claim and secure dental negligence compensation. Your solicitor will typically gather:
- Dental and medical records
- X-rays and periodontal examination records
- Expert reports from independent dental specialists
- Photos of visible dental damage
- Your testimony about the impact on your life
- Evidence of additional treatments and dental costs
- Records of all other related financial losses
This will help prove how the negligence occurred and the impact on your life.
Frequently asked questions
Gum disease is typically caused by the build-up of plaque on the teeth. Common risk factors include smoking, poor oral hygiene, diabetes, hormonal changes, stress and genetics. To help reduce the risk of gum disease, you should brush at least twice a day, use floss or interdental brushes and see your dentist for regular check-ups.
Common signs and symptoms of periodontal disease include:
- Bleeding gums during brushing or flossing
- Tender or swollen gums
- Gums that are red or purple
- Persistent bad breath and unpleasant taste
- Receding gums and loose teeth
- Pain when chewing
If a dentist fails to investigate these symptoms properly and diagnose gum disease, it may amount to negligence.
Untreated gum disease can progress to advanced periodontal disease and cause serious oral health problems. Possible complications include tooth loss, bone deterioration, chronic infection and irreversible gum damage.
Early treatment is essential to help prevent these outcomes. More severe cases may need deep cleaning under the gums, antibiotics, pocket reduction surgery, bone grafting and even tooth removal.
Yes. You can still make a periodontal disease claim against a dentist even if they have retired. Dentists are typically covered by professional indemnity insurance, which may remain in place to cover claims related to negligence during their practice.
The length of a dental negligence claim depends on the complexity of the case. Straightforward claims can be settled within 6-12 months, while more complex cases may take 24-36 months or more to resolve.
If you have been affected by gum disease negligence, contact us today for a free case assessment and legal advice. You can call 0800 470 0474 or use our online claim form to request a no-obligation consultation.
