How the dental negligence claims process works

The process for bringing a dental gum disease claim is as follows:

  1. Initial Assessment

When you contact us at Lime, we will interview you and take full details of your potential claim.

The specialist solicitor will consider the nature and severity of the alleged negligence, the amount of harm or loss suffered and whether the claim falls within the legal time limits. If we are happy, that the claim holds good prospects of success, we will agree to act for you.

  1. Gathering Evidence

Your solicitor will request your dental records from the treating dentist and any relevant hospitals. These records help establish a timeline and potentially identify any breaches in duty of care. We will ensure that all of your records and x-rays are sorted and paginated ready for us to instruct an expert witness.

  1. Expert Review

An independent dental expert will be instructed to assess whether the treatment fell below acceptable standards (known as breach of duty) and whether this caused harm (causation).

You may be asked to attend an examination to assess ongoing damage or required corrective treatment.

  1. Letter of Claim

If expert evidence supports your case, your solicitor will draft and send a Letter of Claim to the dentist or their insurer / Defence Union. This outlines the allegations, the harm caused, and the compensation sought.

The defendant has four months to respond, either admitting or denying liability.

  1. Negotiation

If liability is admitted, your solicitor will negotiate a settlement covering:

  • Pain and suffering
  • Corrective dental treatment
  • The cost of implants to replace missing teeth
  • Loss of earnings
  • Travel and medical expenses
  1. Court Proceedings (if necessary)

If liability is denied or a fair settlement isn’t reached, your solicitor may issue court proceedings. Most cases settle before trial, but your solicitor will guide you through the process if it proceeds to court.