Failure to Treat Dental Claims

If you have recently suffered on the behalf of a dentist failure, specifically surrounding a failure to treat a dental issue, then you may be eligible to bring a claim forward against your dental provider under the duress of dental negligence.

What is failure to treat?

Failure to treat is a type of clinical negligence, whereby a dental professional has not performed their duties correctly.

This can include failure to correctly examine the patient, leading to issues being left untreated due to a failure to diagnose.

It can also be attributed to instances where issues have been identified, but the dental practitioner has not provided the necessary treatment in order to resolve the issue, resulting in the issue worsening and causing significant damage to the individual.

There are some common examples of failure to treat, which we have listed below:

  • Failure to examine, or properly examine, a patient’s oral health
  • Failure to correctly diagnose a dental condition despite evidence proving there is one
  • Failure to recommend or provide appropriate treatment options to resolve the condition

Additionally, should a dentist fail to listen to any concerns you have regarding your oral health, including gum pain and tooth sensitivity, this may also be considered an area of failure to treat.

Common conditions dentists fail to treat

Unfortunately, dentists may make mistakes, leaving common dental problems untreated. These conditions can include:

  • Gum disease
  • Periodontal disease (a more severe case of gum disease)
  • Tooth decay
  • Cavities that require fillings
  • The need for root canal treatment
  • The need for extraction
  • Oral cancer

What evidence is needed to prove failure to treat?

In order to prove your failure to treat claim, it is important that you have sufficient evidence. Dedicated dental negligence solicitors can work closely with you to compile this evidence in order to strengthen your case.

To do so, we would need most, if not all, of the following documentation:

  • A letter of complaint – this demonstrates that you have raised a complaint against your provider, following their internal complaints procedure.
  • Medical records – this can include examination reports, test results or scans, and is the most useful form of evidence.
  • Witness statements – if anyone attended appointments with you, or saw your suffering as a result of the failure to treat, then they may be able to provide a witness statement to support the case.
  • Expert medical evidence – this can include an evaluation from an in-house dentist to confirm whether there has been an instance of failure to treat that has resulted in pain, suffering, or permanent damage to the individual.
  • Financial evidence – this can include receipts of where you have paid for consultations, or receipts of where you have had to purchase treatments and medications to deal with the issue that resulted as a failure to treat by the dentist.

For most of the above, we can support you to obtain these so you do not need to have all of these before you speak to us.

Failure to treat compensation

If you have suffered as a result of a failure to treat, you may be eligible to claim compensation.

The amount you could be awarded depends entirely on your personal circumstances, such as the severity of the complications that have arisen due to the failure to treat.

A dental negligence solicitor will work to achieve the best possible compensation reward, taking into consideration any physical or mental suffering you have endured as a result.

How can Smith Partnership help with failure to treat claims?

Smith Partnership’s medical and dental negligence solicitors can assist you with making a claim against a dentist.

Contact our dental negligence team today

To find out how our expert team of dental negligence solicitors can help you, contact us today on 0330 123 1229, send us an email via or complete our contact form.