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…
Cosmetic dentistry compensation claims
If negligent cosmetic dentistry has caused an injury or illness, you could be eligible to make a cosmetic dentistry compensation claim.
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Cosmetic Dentistry Negligence Claims
Cosmetic dentistry can not only improve the appearance of your teeth and smile but also has functional benefits. However, when dental procedures are not carried out correctly, they can result in unnecessary pain and long-term complications. In such cases, you may be eligible to make a cosmetic dentistry negligence claim.
While most people are happy with the outcome of cosmetic dentistry, some treatments can result in pain, discomfort and unsatisfactory results. Examples include infections, nerve damage, tooth sensitivity and damaged teeth.
If you want to make a compensation claim, our team of dental negligence solicitors are here to help. They will offer you a free case assessment and a no win no fee service if you are able to proceed with your claim.
For a no-obligation consultation, 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 cosmetic dentistry?
Cosmetic dentistry generally refers to any dental work aimed at improving the appearance of the teeth, gums, and bite. The main focuses are on the colour, shape, size, position and alignment of the teeth.
The most common services and treatments offered by cosmetic dentistry include:
- Teeth whitening – the most common procedure; it uses lasers or chemicals to lighten the colour of the teeth.
- Veneers – these are thin, strong shells that are directly bonded to the surface of the teeth to conceal various cosmetic flaws, such as shape and colour.
- Dental bonding – it uses a colour-matched composite material to repair cracked or chipped teeth.
- Dental implants – prosthetic implants used to replace missing teeth.
- Crowns and bridges – these are also used to cover damaged teeth or replace missing ones.
- Gum contouring – a procedure used to reshape the gum line or remove excess gum tissue.
- Orthodontic treatment – it uses braces and aligners to improve the bite and alignment of the teeth.
What is the duty of care of dental professionals?
All dental professionals, including cosmetic dentists, owe their patients a legal duty of care. They must provide them with appropriate, safe and effective treatment and prioritise the patient’s well-being and safety.
Specific responsibilities include:
- Possess and uphold an acceptable standard of skill and knowledge, and act in the patient’s best interests.
- Perform procedures correctly, in accordance with established guidelines.
- Maintain a clean and hygienic environment and ensure all equipment is safe to use.
- Refer the patient to a specialist when a condition is beyond their expertise.
- Conduct thorough consultations and assessments before proceeding with a dental treatment.
- Clearly explain the risks and benefits and obtain the patient’s informed consent.
- Monitor the patient’s progress and respond to any complications that may arise.
- Maintain clear, accurate and up-to-date dental records.
If this duty is breached and you suffer avoidable harm, you may be entitled to make a dental negligence compensation claim.
Am I entitled to make a cosmetic dentistry negligence claim?
You may be eligible to claim compensation for a negligent cosmetic procedure if the following can be established and supported by evidence:
- A dental practitioner owed you a duty of care.
- The duty of care was breached through negligent treatment.
- The breach directly caused you harm, such as an avoidable injury or unsatisfactory aesthetic results.
- You suffered damages as a result, such as pain, suffering, emotional distress and financial losses.
This applies whether you received treatment from a private cosmetic dentist or from an NHS dental service.
How do I make a cosmetic dentistry claim for compensation?
Making a claim for negligent cosmetic dentistry typically involves a number of steps:
- Contact a specialist solicitor. They will offer you a free consultation to assess the strength of your claim and your compensation prospects.
- Gather evidence. If your case has merit, your solicitor will help you gather all the necessary evidence to support it.
- An independent exam. An independent specialist will review your dental records to determine whether the care you received fell below the acceptable standard.
- Letter of claim. Your injury lawyer will send a letter of claim to the defendant, outlining your case and the compensation you seek.
- Letter of response. The defendant has three months to investigate your case and admit or deny liability.
- Negotiations. If they admit liability, your solicitor will negotiate a fair settlement on your behalf.
- Court proceedings. If liability is denied or a settlement can’t be reached, your solicitor will issue court proceedings, but most claims are settled out of court.
- Compensation payout. If your claim is successful, you will typically receive your compensation within four weeks.
What could go wrong with cosmetic dentistry?
Negligent or poorly performed cosmetic dentistry can lead to various issues, including:
- Infections from unsterile procedures or poor aftercare.
- Dental nerve damage, which may lead to numbness, tingling or chronic pain in the lips, tongue or other areas.
- Permanent tooth damage or fractured teeth.
- Gum recession or injury, exposing the teeth roots.
- Tooth sensitivity, which can be permanent and severe.
- Poorly fitted crowns, veneers or bridges, which can cause discomfort, bite problems or an unnatural appearance.
- Allergic reactions to materials used during the procedures.
- Failed implants or bridges due to improper placement or inadequate assessment.
- Unsatisfactory aesthetic results falling below what you were promised, due to poor technique or planning.
If you suffered similar issues, you are not alone. In 2022/23, almost 2,000 formal dental complaints were made to the Parliamentary and Health Service Ombudsman (PHSO).
If your cosmetic dentistry procedure fell below a reasonable standard, you may also be eligible to make a claim for compensation.
What types of negligence can lead to a cosmetic dentistry claim?
Negligence in cosmetic dental work can manifest in various ways, including:
- Failing to assess your oral health and suitability for a procedure properly.
- Recommending or performing an unsuitable cosmetic treatment.
- Failing to consider alternative procedures before starting treatment.
- Errors during treatment, such as incorrect implant placement or excessive drilling.
- Failing to explain the risks and benefits fully and obtain informed consent.
- Using low-quality, faulty or unsuitable materials.
- Failing to provide clear instructions for aftercare.
- Failing to address or treat complications properly.
- Inadequate sterilisation of tools or equipment, or poor hygiene.
- Using substandard or outdated dental techniques during treatment.
This list is not exhaustive, and other types of cosmetic dentistry negligence could lead to a compensation claim.
What evidence do I need to support a claim?
The types of evidence that could help you support a claim for a botched cosmetic dental procedure include:
- Copies of your dental records and diagnostic tests, such as X-rays.
- An independent medical expert report detailing how the care you received fell below an acceptable standard.
- Your own statement detailing the care you received, your pain and suffering and the effects on your life.
- Statements from others who have observed the impact of the negligence.
- Photographs or videos of any visible damage or poor results.
- Any correspondence between you and the defendant.
- A copy of a formal report and the response you received.
- Evidence of financial losses, such as loss of wages or receipts for further treatments.
Your solicitor will help you gather all the evidence you need to ensure your claim is strong and you can secure the maximum compensation owed to you.
Can I make a claim on behalf of my child?
Yes. If your child suffered because of substandard cosmetic dentistry treatment, you could make a claim on their behalf. In this case, you would act as their litigation friend and represent their best interests throughout the claims process.
If you win the claim for your child, a judge must approve the awarded settlement during a court hearing. The money will be kept in a court bank account or personal injury trust and released to the child on their 18th birthday.
How long do I have to make a compensation claim?
You generally have three years from the date of the negligent treatment or the date you became aware of the harm to start a claim. This is established under the Limitation Act 1980, which also provides the following exceptions:
- Children – the three-year limitation period begins on their 18th birthday. Before that, a suitable adult could claim on their behalf at any time.
- Adults without mental capacity – there is no time limit for a litigation friend to claim on their behalf, unless they regain capacity.
We recommend that you seek legal advice as soon as possible, as this will help your solicitor build the strongest case possible.
How much compensation could I receive for a cosmetic dental negligence claim?
The amount of compensation you could receive for poor cosmetic dental treatment will be calculated based on your specific losses. These include general damages (such as pain, suffering, and loss of amenity) and special damages (related financial expenses).
Based on these, you could receive:
- £1,020 to £1,600 for minor tooth damage that can be corrected.
- £2,200 to £3,950 for losing a front tooth.
- £8,730 to £11,410 for severe injuries to several front teeth.
- Up to £38,130 for ongoing tooth pain.
- Up to £46,540 for significant damage to teeth.
- £7,150 to £23,270 for moderate psychological damage.
Can I start a cosmetic dentistry claim on a No Win No Fee basis?
Yes. If you have a strong case with a fair chance of success, your solicitor will work under a no win, no fee agreement. This means:
- There are no upfront legal costs.
- There is no financial risk if your case is unsuccessful.
- You only pay your solicitor a success fee if they win the case. This is capped by law at 25% of your compensation payment and is agreed upon from the beginning.
How long will my claim take?
Generally, a claim for negligent cosmetic treatment takes 18-24 months to resolve, starting from when you first contact a medical negligence solicitor.
However, each case is unique, and your claim could take longer or settle more quickly, depending on:
- How quickly you gather supporting evidence.
- Whether the defendant admits liability.
- Whether expert reports or additional treatment is needed.
- Whether the claim goes to court.
If you want to find out if you can claim compensation for cosmetic dental negligence, do not hesitate to contact us. Call 0800 470 0474 today or request a call back, and we will be happy to offer you a free case assessment and legal advice.
