Navigating Dental Care and Negligence

When dental treatment goes wrong, it can lead to severe pain, lasting damage, and the need for costly corrective procedures. At Fletchers Solicitors, our specialist dental negligence solicitors have extensive experience in handling cases where substandard care has caused avoidable harm.

From misdiagnosed infections to failed root canals, undetected periodontal disease, and orthodontic errors, dental negligence can have serious consequences for patients. Whether you have suffered due to delayed periodontal disease treatment, improper root canal procedures, or mismanaged orthodontic care, we understand the complexities of these claims and are here to help you seek the compensation you deserve.

If you believe your dentist failed in their duty of care, whether through misdiagnosis, inadequate treatment, or negligent aftercare, our expert legal team can support you in making a dental negligence claim.

Periodontal Disease

What is periodontal disease?

Periodontal disease, commonly referred to as ‘gum disease’ is a serious of gums and the bone that supports your teeth. If periodontal disease is not treated, the condition progresses causing inflammation, bone loss and gum recession. The loss of the supporting bone can lead to tooth lost.

Periodontal disease is common and can be treatable with early intervention. Problems arise with periodontal disease is not diagnosed and the correct treatment is not provided.

Periodontal disease symptoms

The symptoms of periodontal disease can vary depending on its severity. We’ve seen these common signs of periodontal disease when supporting our dental clients:

• Swollen, red, or tender gums
• Bleeding gums, especially when brushing or flossing
• Persistent bad breath (halitosis)
• Receding gums, making teeth appear longer
• Loose teeth or shifting teeth
• Pain when chewing
• Pus between teeth and gums, indicating infection
• Tooth loss

As well as oral health, periodontal disease has also been linked to other health conditions such as Alzheimer’s, heart disease. Issues during pregnancy and diabetes.

Stages of periodontal disease

Understanding the stages of periodontal disease is key to seeking timely treatment and preventing long-term damage.

1. Gingivitis: The first stage of periodontal disease is gingivitis. Gingivitis is reversible when caught early and therefore it is key for dentists to spot symptoms such as gum irritation and bleeding. Treatment is often provided by a hygienist through scale and polishes.
2. Mild periodontitis occurs when the bacteria has started to affect the bone and soft tissue surrounding your teeth. As the gums start to move away from teeth what is know as ‘pockets’ form. These small openings allow bacteria to get trapped causing further gum and bone damage if not treated.
3. Moderate periodontitis At this stage the infection has spread below the gum causing widespread inflammation and damage to gums and soft tissue. The pockets between the gum and teeth will have grown to more than 4mm. If you are suffering from moderate periodontal disease you may be more aware of symptoms such as gum recession, pain, and sensitivity.  Root planning can be offered to treat at this stage.
4. Severe periodontal disease: by this stage significant damage has been caused and can lead to tooth loss. If root planning has been provided and not stopped the progression of the disease, then periodontal surgery will be required to help reduce the pockets.

Periodontal disease treatment

Effective periodontal disease treatment depends on the stage of the condition. We’ve seen conditions worsen when symptoms are missed, or incorrectly managed, but treatment can include:

• Early periodontal disease treatment: Regular dental cleanings and improved oral hygiene at home.
• Scaling and Root Planing for moderate periodontal disease to remove plaque and tartar from below the gumline, preventing further infection.  –
• Surgical Treatments – For severe periodontal disease there are treatments such as flap surgery, bone grafting, or guided tissue regeneration.
• Ongoing Maintenance – supporting the treatment received at your dentist by maintaining good oral hygiene at home, using an electric tooth brush with a  good brushing technique, using interdental brushes, quitting smoking, and attending regular dental checkups.

How long can you keep your teeth with periodontal disease?

Even with a periodontal disease diagnosis, with the appropriate and timely treatment from your dentist, combined with excellent at home care, you can keep your time for a lifetime.

Periodontal disease claims

If a dentist fails to diagnose, monitor, or properly treat periodontal disease, it may be considered dental negligence. In some cases, patients visit their dentist regularly but are only informed of the condition once it has reached an advanced stage. This could indicate a failure in duty of care.

At Fletchers Solicitors, our experienced dental negligence solicitors can help you determine whether you have grounds for a claim. You may be eligible for compensation if:

• Your dentist failed to diagnose early periodontal disease, leading to severe damage.
• You were not informed of the stages of periodontal disease and how to manage the condition.
• You received improper or delayed periodontal disease treatment, worsening your condition.
• Your dentist neglected to take X-rays or perform necessary examinations to detect gum disease.

If you suspect that dental negligence has contributed to your periodontal disease, our specialist legal team is here to support you. Contact us today for expert advice on your claim.

Root Canal

A root canal procedure, , is a common dental treatment used to remove infected or damaged pulp from inside of the  tooth’s root. The cleaning and disinfection process aims to save the tooth from further deterioration.

While root canal treatment is highly effective, our dental negligence solicitors have seen instances where it can fail due to improper technique, insufficient aftercare, or dental negligence. Some common reasons for a failed root canal we have seen include:

• Coronal seal breakdown: A protective seal is placed over the tooth after a root canal. If this seal is compromised, bacteria can re-enter, leading to a root canal infection. To prevent this a rubber dam should always be used during the procedure.
• Crown breakdown: Failure to seal the tooth with a crown following a root canal treatment can cause bacteria to enter the tooth.
• Inadequate cleaning: There may be a failure to remove all the infection, which leads to re-infection.)
• Broken instruments: Although  this in itself is not negligent, if your dentist fails to inform you of the instrument fracture and this goes on to cause further complication, the failure to inform will be.
• Perforation of soft tissues: If the dentist has not taken adequate x-rays and measured the root appropriately, the root of the tooth may be perforated during the procedure. tip.

While most root canals are successful, complications can occur. If you experience root canal pain or suspect treatment failure, we advise that you seek dental advice immediately.

What is a root canal?

The root canal treatment process typically involves:

1. Diagnosis: The dentist examines the tooth, takes X-rays, and identifies the extent of the infection.
2. Local anaesthetic: The area is numbed to ensure a painless procedure.
3. Pulp removal: The infected pulp is carefully extracted, and the root canals are cleaned.
4. Shaping and disinfection: The canals are shaped and disinfected to eliminate bacteria.
5. Filling and sealing: After the bacteria have been removed, the root canal is filled and the tooth sealed with a filling or crown.
6. Crown placement: In most cases, a dental crown is placed to restore strength and function.

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Root canal symptoms

A root canal is typically needed when the soft tissue inside the tooth, known as the pulp, becomes infected or inflamed.Symptoms inclujde.

• Severe tooth pain when chewing or applying pressure
• Sensitivity
• Swollen gums near the affected tooth
• Darkening of the tooth, indicating pulp damage
• Chipped or cracked tooth
• Loose tooth Tooth

If you experience any of these root canal symptoms, it’s essential to visit a dentist promptly to prevent worsening infection or tooth loss.

How long does a root canal take?

The length of a root canal procedure depends on the complexity of the case:

• Simple cases: A single-rooted tooth can be treated in one appointment- often 60-90 minutes long.  (
• More complex cases: Multi-rooted teeth or infected teeth may require two or more appointments.

However, if a failed root canal requires retreatment or surgery (such as an apicoectomy), the procedure may take longer.

Your dentist will assess the tooth’s condition and determine how many sessions are required for complete treatment.

How to avoid a root canal

Preventing the need for a root canal procedure is possible with good oral hygiene and proactive dental care (

• Brush and floss daily to remove plaque and decay
• Regular dentist visits so any issues can be detected as early as possible –
• Adheer to dietary advise such as limiting sugar
• Wear a mouthguard during sports or if you grind your teeth.
• Treat decay early with fillings..

Root canal negligence

Although root canal treatment is a standard dental procedure, errors can occur due to dental negligence. Common examples of dental negligence our experts have seen in root canal procedures include:

• Misdiagnosis – Failing to identify a tooth infection in time, leading to unnecessary pain and complications.
• Inadequate Cleaning – Leaving infected tissue inside the tooth, causing reinfection.
• Failure to Use a Rubber Dam – Not isolating the tooth properly, increasing the risk of bacterial contamination.
• Perforation or Instrument Fracture – Damaging surrounding tissues or leaving broken instruments inside the canal without informing the patient.
• Failure to Place a Crown – A delay or failure in placing a crown after a root canal procedure can lead to reinfection.

If you have suffered from a failed root canal due to poor treatment, misdiagnosis, or lack of proper aftercare, you may be entitled to make a claim. Our experienced dental negligence solicitors at Fletchers Solicitors can help you understand your legal rights and seek compensation for avoidable pain, suffering, and further corrective treatments.

Orthodontic Treatment

What is orthodontic treatment?

Orthodontic treatment is used to correct the position of teeth and jaw irregularities. Orthodontic treatment can be required for both functional and aesthetically reasons..

It can be carried out for cosmetic reasons or to address issues like overcrowding, bite problems, and jaw misalignment. The treatment typically involves orthodontic appliances such as fixed braces, clear aligners, and retainers, which apply controlled pressure to gradually move teeth into their correct position.

When orthodontic treatment is not properly managed, it can lead to serious complications, including root resorption, plaque buildup, and misaligned teeth post-treatment. If you believe your orthodontic care was mishandled, you may have grounds for a dental negligence claim.

Root resorption

Root resorption is a complication of orthodontic treatment and is caused when  the structure of the tooth’s root breaks down, leading to mobility and, in severe cases, tooth loss.

Root resorption often happens when orthodontic treatment has been prolonged or too much force is used. Orthodontists must take regular x-rays to monitor tooth length.

Root resorption symptoms

• Pain
• Discoloration
• Swelling of your gums
• Abnormal tooth spacing
• Brittle teeth
• Holes in the teeth

Oral hygiene and plaque build-up

Maintaining good oral hygiene during orthodontic treatment is essential to prevent plaque build-up and gum disease. A patient must be assessed before treatment to ensure they are a suitable candidate as if they are suffering from gum disease, orthodontic treatment will exacerbate their condition and can lead to early tooth loss.

Misaligned teeth post-treatment

Orthodontic treatment should improve function and aesthetics, but may not necessarily result in perfectly straight teeth. Your expectations should be appropriate managed before embarking on treatment. In some cases we have seen clients who have suffered from misaligned teeth following orthodontic treatment, which leads to bite problems and difficulties with eating and speaking.

Each patient requires a personalised treatment plan, and failure to properly assess malocclusion before, during, or after treatment may be considered orthodontic negligence. If your failed orthodontic treatment has caused discomfort or functional issues, you may have grounds for a claim.

Orthodontic negligence claims

If your orthodontic treatment has resulted in root resorption, gum disease, or misaligned teeth, you may be entitled to orthodontic compensation. Fletchers Solicitors has a team of experienced dental negligence solicitors who specialise in orthodontic negligence claims. We can assess your case and provide expert legal advice on a no win, no fee basis.

To discuss your case with our expert team, contact Fletchers Solicitors today for a free assessment.

Claiming compensation after sustaining lacerations during dental treatment

We have seen how lacerations can occur during dental procedures, if a dentist does not exercise proper care while using sharp instruments. These injuries can affect the lips, gums, tongue, cheeks, and mouth. For previous clients, we have seen how these injuries cause pain, difficulty eating or speaking, and, in some cases, permanent scarring. If a laceration was caused by a dentist’s negligence, you may be entitled to dental compensation.

Can I claim compensation if my dentist cut me during my treatment?

You may be able to claim dental negligence compensation if your dentist caused a laceration due to improper technique, lack of attention, or the use of faulty equipment. Common injuries include:

• Lacerations to the lips: Can cause swelling, pain, and potential scarring.
• Cuts to the gums: May lead to bleeding, infection, and difficulty eating.
• Tongue injuries: Can be extremely painful and affect speech and taste.
• Cheek lacerations: Can result in swelling and difficulty moving the mouth.
• Mouth injuries: Deep cuts may require stitches and cause long-term discomfort.

We have known circumstances where severe lacerations has left permanent scars, causing distress and self-consciousness.

How do lacerations during dental treatment happen?

From our client’s experience we have seen that lacerations can occur during dental procedures if a dentist:

• Mishandles sharp tools such as scalpels, drills, or dental probes.
• Applies excessive force during treatment.
• Uses damaged or improperly maintained instruments.
• Fails to exercise caution when treating a patient under local anaesthesia, leading to accidental cuts.
• Neglects to properly position or support soft tissues during a procedure.

What compensation will I receive for a laceration sustained in dental treatment?

The amount of dental compensation you receive for a laceration depends on several factors, including:

• Severity of the injury
• Location of the laceration, for example visible facial injuries may impact confidence and emotional well-being.
• Pain and suffering
• Impact on daily life
• Financial losses

Based on these factors it is difficult to provide an exact figure and will be dependant on your own set of unique circumstances.

How Fletchers can help

If you have sustained a laceration during dental treatment, you may be entitled to dental compensation. Get in touch with us today for expert guidance and details of No Win, No Fee funding.

Can you sue a dentist?

What you need to know about holding dental practice owners liable for negligent treatment:

The landmark case of Hughes v Rattan [2022] EWCA 107 established that dental practice owners owe patients a non-delegable duty of care for treatments provided at their practice. This means that if you have suffered due to dental negligence, you may be able to claim compensation directly against the practice owner, rather than the individual dentist who carried out the treatment.

Why is this important for claimants?

• Simplifies the claims process. Instead of pursuing multiple dentists, you can bring a claim against a single practice owner.
• Addresses challenges in locating the treating dentist. Some dentists may no longer work at the practice, be difficult to trace, or even be deceased.

However, claimants must correctly identify the practice owner before proceeding with legal action.

Key documents to obtain before you sue a dentist

To strengthen your dental negligence claim, it’s important to gather evidence confirming who was responsible for your treatment. From our experience, the following documents can help:

• Associate Agreement: This outlines whether the treating dentist worked under the practice owner and confirms whether patients were registered with the practice or the individual dentist.
• General Dental Services (GDS) Contract: This identifies the name of the practice authorized to provide NHS-funded dental treatment.
• Statement of Accounts / Bank Statements: These show who received payment for your treatment, helping to determine liability.
• Care Quality Commission (CQC) Register:  This can provide useful information about the practice owner and their responsibilities.

Challenges in multi-owner cases

If your treatment spanned multiple practice owners, you will need to consider whether it is more efficient to pursue the treating dentist instead. We know that many defence organisations representing practice owners still deny liability, despite the ruling in Hughes v Rattan, often requiring claimants to issue court proceedings.

Start your dental negligence claim today

At Fletchers Solicitors, we have over 30 years of experience successfully securing compensation for our clients. Our specialist legal team has in-depth expertise in handling complex dental claims, including cases involving root canal negligence, orthodontic errors, and dental practice liability.

We understand that legal jargon can be overwhelming, so we provide clear, straightforward advice to guide you through your claim. With our no win, no fee approach, you won’t pay a penny unless your case is successful.

Trust our dedicated team to provide practical, expert-led support and help you start your dental negligence claim with confidence.