Frequently Asked Questions
At Bridge Solicitors, we understand that pursuing a dental negligence claim can feel overwhelming, and you likely have many questions about the process. Our goal is to make things as clear and straightforward as possible. Below, you'll find answers to some of the most common questions our clients ask. Whether you're concerned about how to start a claim, what compensation you might be entitled to, or how long the process takes, we're here to guide you every step of the way. If your question isn’t covered here, please don’t hesitate to contact us directly.
Understanding Dental Negligence and Legal Process
What is the process once you have established that I have a dental negligence claim?
Once we have assessed your records and are happy with the prospects of your case we will then draft a ‘letter of claim’—a document detailing the allegations of negligence—and send it to your dentist. They then have four months to respond, either admitting or denying liability.
How long will my dental negligence claim take to settle?
Investigations for a dental negligence claim usually take around 3 months and the average claim without any complications takes approximately 9-12 months to settle.
How long do I have to make a Dental Negligence Claim?
You have three years to make a dental negligence claim, starting from the date the negligence happened or when you became aware of it. There are exceptions: for patients under 18, the three-year period starts on their 18th birthday, and for those suffering with mental illnesses, it begins once they recover.
How much compensation will I get?
The compensation you may receive for a successful dental negligence claim depends on several factors, including:
- The type of negligence involved, such as misdiagnosis, carelessness, or improper technique by the dentist
- The seriousness and duration of the injury, as well as the pain and suffering you experienced due to the dentist’s actions
- Whether additional dental treatment was or is needed to fix the damage caused by the negligence.
Each case is different, so the amount of compensation will vary based on these details.
Will I have to go to Court and give evidence?
Although it’s possible, it’s very rare that you’ll need to appear in court for a dental negligence claim. Most cases are settled before reaching that stage. Even if court proceedings do begin, it doesn’t necessarily mean you will have to attend in person.
Funding and 'No Win, No Fee' Agreements
What options are available for financing my dental negligence claim?
Nearly all of our cases are funded by Conditional Fee Agreements, commonly referred to as “no win, no fee” agreements.
How do 'no win, no fee' agreements work in dental negligence cases?
In dental negligence cases, a “no win, no fee” agreement (also called a conditional fee agreement) allows you to pursue your claim without paying any upfront legal fees. Here’s how it works:
No upfront costs: You won’t have to pay anything to start your case.
No fees if you lose: If your claim is unsuccessful, you won’t be charged for the legal work done on your case.
Success fee if you win: If your claim is successful, your solicitor will deduct a pre-agreed percentage of the compensation as their success fee. This is capped by law to ensure fairness.
What will I have to pay for if I sign a 'No Win, No Fee' Agreement?
You will not have to have to pay your solicitor for any work on your dental negligence case if the claim is unsuccessful. Additionally, there are no upfront costs to worry about.
The impact of your Claim on your dental treatment
How might pursuing a dental negligence claim affect my future dental care, and should I continue treatment during the claim process?
Pursuing a dental negligence claim won’t affect your future dental care. Dentists are required to treat you professionally, regardless of the claim. If you’re uncomfortable with the same dentist, you can always switch to another one.
It’s also important to continue any necessary treatment during your claim, as this can help address your dental issues and may provide evidence for your case. Just be sure to discuss it with your solicitor.
What should I do if my dentist refuses to provide treatment?
Request an explanation: Ask the dentist to clearly explain their refusal. They should provide a valid reason.
Seek treatment elsewhere: You have the right to switch to another dentist. Find a new dental professional who can provide the care you need.
Contact your solicitor: Let your solicitor know about the refusal. They can advise on whether the refusal is appropriate and may help with further steps, such as finding alternative treatment options.
Dentists are bound by professional ethics, and refusing treatment due to a claim can be unreasonable.
What are the implications of stopping ongoing dental treatment while a negligence claim is in progress?
Stopping ongoing dental treatment during a negligence claim can negatively affect both your health and the strength of your case. Delaying care may worsen your condition, making recovery more difficult and costly. Additionally, continuing treatment can provide vital evidence to support your claim. It’s best to keep up with necessary care and discuss any concerns with your solicitor to ensure it doesn’t harm your case
Emergency and ongoing dental treatment
Can I go to A&E if I have a dental emergency?
In urgent situations, A&E may be able to help with dental pain, but only if you meet certain conditions, such as uncontrollable bleeding, severe pain that painkillers don’t relieve, difficulty breathing, or facial, mouth, or teeth trauma from an accident. A&E cannot provide regular dental treatment and will usually refer you to emergency or out-of-hours dental services unless your issue falls under these urgent criteria.
What do I do if I need emergency dental treatment and my dentist refuses to see me because of my claim?
If you’re experiencing dental pain or need urgent care and your dentist is refusing to see you, you can reach out to the NHS helpline by calling 111 or visiting 111.nhs.uk. They can provide information on local emergency and out-of-hours NHS dental services and help you arrange an appointment as quickly as possible.
The impact of Dental Negligence on your mental health
Can I claim from my dentist for any psychological distress caused?
In dental negligence claims, we understand that psychological distress can be just as painful as physical injury. If it can be shown that a dentist’s actions or failures directly caused emotional harm—such as anxiety, stress, or trauma—this distress can be included as part of your overall compensation.
How will you determine my psychological injury?
To determine your psychological injury in a dental negligence case, we will first gather information about how the treatment has affected your mental health, such as anxiety, stress, or trauma. We will then arrange an independent assessment with a Psychiatrist, who will evaluate your condition and provide a report. This expert evidence will support your claim and ensure the emotional impact is reflected in your compensation.
Choosing and working with Solicitors
How have you helped other people with dental negligence claims?
We’ve helped many clients successfully secure compensation for various dental negligence issues. With our experienced team by your side, we guide you through every step of the legal process, from collecting expert evidence to negotiating a fair settlement. We handle each case with personal care and attention, ensuring you receive compensation for additional treatment costs, pain and suffering, and any financial losses. Every case is unique, and we are dedicated to achieving the best possible outcome for you.
Do I have to find a dental solicitor near me for my dental claim?
If you’ve suffered from negligent dental care in England or Wales, Bridge Solicitors can assist you in making a compensation claim. Our services are available nationwide, ensuring that no matter where you are, you can access the legal support you need.