How To Claim For Dental Negligence In Scotland | No Win No Fee

By Richie Billing. Last Updated 17th November 2023. This guide will explain how to make a dental negligence claim in Scotland. When you go to the dentist, you can expect a minimum standard of care and treatment. If this standard is not met, then this is an example of medical negligence.

If the substandard level of care that you received from your dentist caused you unnecessary harm, then you could be entitled to make a claim. You could also claim back any financial costs or losses associated with claiming.

Contact Public Interest Lawyers today. We may be able to connect you with a skilled medical negligence solicitor to handle your compensation claim. Moreover, you can make a No Win No Fee claim. This means you won’t have to pay an upfront solicitors fee, amongst other benefits.

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Dental negligence in Scotland

Dental negligence in Scotland claims guide

Select A Section

  1. What Is Classed As Dental Negligence In Scotland?
  2. Types Of Dental Negligence
  3. Dental Negligence – Examples Of Evidence You’ll Need
  4. What Is The Time Limit For Dental Negligence Claims?
  5. Scottish Dental Negligence Compensation
  6. Dental Negligence Claim – No Win No Fee Solicitors
  7. Related Scottish Accident And Injury Claims

What Is Classed As Dental Negligence In Scotland?

This section looks at the eligibility criteria for making a claim for dental negligence in Scotland.

In order to form the basis of a valid claim, you have to prove that:

  • Your dentist owed you a duty of care
  • They failed to uphold this duty
  • You experienced avoidable harm as a result 

All dentists and dental professionals owe their patients a duty of care. This means that, when they are treating you, the services they provide have to meet a minimum standard. If they fail to meet this standard, and you experience avoidable harm as a result, this is known as dental negligence.

To learn more about how to sue a dentist, contact our team of advisors today. Or, read on to learn about the different kinds of dental negligence, and how compensation is calculated in dental negligence claims.

Time Limits For Dental Negligence Claims In Scotland

The time limit to claim for dental negligence is typically three years from the date you were harmed, or the date you became aware of the harm you suffered. This time limit is outlined in the Prescription (Scotland) Act 2018.

There are some exceptions to this rule, which our advisors can provide further information on when you get in touch. They can also offer more insight into how to sue a dentist, and whether or not your claim could be valid. 

Types Of Dental Negligence

There are a number of different forms that dental negligence can take. It’s important to recognise that not every instance of someone being harmed by medical treatment, or of complications arising as a result of treatment, will be examples of nelgigence.

For example, you might go to the dentist and require a tooth extraction. While this will be painful and will technically cause you “harm”, as long as this harm is necessary in the course of your dental treatment, you would not be able to claim. You may be able to claim if you had a tooth extracted unnecessarily.

Other examples of dental negligence could include:

  • Misdiagnosis. You may go to the dentist displaying clear signs of oral cancer that your dentist fails to pick up on. As a result, the disease progresses and the treatment you need is more intensive.
  • You suffer a dental injury because the dentists’ hand slips while drilling into a tooth because they breached their duty of care.
  • Nerve damage can be caused by a dentist inserting a too large an implant.
  • A prescription error where you’re prescribed to small a dose of antibiotics by your dentist. As a result, your infection gets worse and needs more intense treatment.

These are just a few examples of how dental negligence could occur. If you have been injured because of medical negligence in dentistry in Scotland, please call our helpline to enquire about claiming.

Dental Negligence – Examples Of Evidence You’ll Need

As previously stated, your dentist owes you a duty of care to meet a minimum standard when you undergo treatment. Should you suffer unnecessary harm due to a breach of duty of care, you might be able to make a dental negligence claim.

Examples of evidence that might be useful in dental negligence compensation claims:

  • Communications from the dental practice, such as letters or emails.
  • X-rays. These may include x-rays before the procedure, after, or both.
  • Symptom diary. For example, if the dentist failed to diagnose an obvious oral infection and this causes you difficulty eating.
  • If it is possible, take photographs of the damage.

You can call our advisors if you need any help gathering evidence to support your dentist negligence claim. Our team of advisors have specialist knowledge in how to claim against a negligent dentist. If it seems that you are eligible to make a claim, you could be connected to our panel of No Win No Fee solicitors.

What Is The Time Limit For Dental Negligence Claims?

When claiming for dental negligence in Scotland, the time limit to do so is generally 3 years from the date you sustain or become aware of the injury. This is stated in the Limitation Act 1980. Although, there can be exceptions to the rule. They are when the claimant:

  • Is under 18 – A parent/guardian must be appointed if the injured party is a child. Anyone under 18 cannot claim for themselves so their time limit is suspended until they reach adulthood. Following their 18th birthday, they can make their own claim, but it must be started within 3 years of this date.
  • Lacks the mental capacity to claim – In this instance, someone in charge of their affairs can claim on their behalf. If a recovery is made, then the 3-year time limit begins, and the claimant can begin the process themselves. If a recovery never occurs or isn’t possible, then the litigation friend is under no time constraint to begin the claim.

Get in touch today to find out if you are still within your time limit to claim against your dentist for negligence. If you have any questions regarding the laws for dental negligence in Scotland, our advisors are here 24/7 to help. So reach out, and we may even be able to connect you with a No Win No Fee dental negligence solicitor.

Scottish Dental Negligence Compensation

You may be wondering how much compensation you can claim for harm caused by dental negligence. We’ve included the table below, illustrating some guideline compensation brackets for general damages- this is the part of your claim that’s related to the pain and suffering you experience. The rates in this table are based on guidelines from the Judicial College.

Injury About Payout
Multiple illness and injuries plus losses Settlements may be awarded for multiple illnesses and/or injuries from dental negligence. Up to £500,000+
Jaw (i) Very serious multiple fractures with prolonged treatment and ongoing consequences £30,490 to £45,540
Damage to Teeth Chronic and significant pain in the tooth, for example from an untreated abscess. Up to £38,130
Jaw (ii) Serious fracture with permanent consequences £17,960 to £30,490
Damage to Teeth (i) Serious damage to or the loss of several front teeth. £8,730 to
£11,410

The amount of compensation that is paid varies from claim to claim. You are welcome to call our claims helpline, and an advisor can let you know how much compensation you could be entitled to based on your circumstances.

In addition to general damages, you may be eligible to claim special damages. This head of claim reimburses you for any finanical expenses caused by your injuries.

It could include:

You will need to provide evidence of these costs, such as payslips to show a loss of earnings if you had to take time off work. You could also use invoices that show how much you’ve spent on medical care.

Dental Negligence Claim – No Win No Fee Solicitors

If you are making a claim for dental negligence in Scotland, a No Win No Fee solicitor from our panel could help you.

If you work with a No Win No Fee solicitor for a Scottish dental negligence claim, you may be offered either a Speculative Fee Agreement or a Damages Based Agreement.

This would generally mean that in the event your claim is successful, your solicitor would take a success fee from your compensation for dental negligence. This fee is legally capped to avoid you being overcharged. If your claim is unsuccessful, you will not be required to pay your solicitor.

To begin your dental negligence in Scotland claim, please get in touch with us using the details below:

Related Scottish Accident And Injury Claims

If you wish to learn more about claiming injury compensation, please feel free to read these guides.

For more information on claiming for injuries caused by dental negligence, please get in touch.