Dental Negligence Compensation Claims

Most visits to a dentist pass without difficulty, and the majority of dental professionals provide a safe and competent service. When something does go wrong, however, the consequences can be significant. Patients can be left with chronic pain, nerve damage, infection, lost or damaged teeth, costly corrective treatment, and, in cases involving a missed diagnosis, a delay in identifying conditions such as oral cancer or advanced gum disease.

Dentists in Ireland are regulated by the Dental Council under the Dentists Act 1985, and they owe each patient a clear professional duty of care. A claim may arise where that duty has been breached, and you have suffered avoidable harm as a result.

Bringing a claim for dental negligence

At McCarthy + Co Solicitors LLP, our team has more than 30 years of experience helping people across Ireland seek fair compensation following substandard healthcare. Our medical negligence team is led by John McCarthy, a seasoned solicitor whose litigation work spans the Circuit Court, the High Court, and the Supreme Court.

Dental negligence claims can arise in many situations. The following are common scenarios where there may be grounds for a claim:

• Failure to take an accurate history before treatment – Important medical, allergy, or medication information was not properly recorded, and treatment proceeded without the precautions that a competent dentist would have taken.
• Missed or delayed diagnosis – A serious condition such as oral cancer, periodontitis, or significant tooth decay was not identified during examination, leading to harm that could have been avoided with earlier intervention.
• Inadequate consent and advice – You were not given clear information about the risks, likely outcomes, alternatives, and costs before treatment, so you could not make a properly informed decision.
• Incorrect or unnecessary extraction – The wrong tooth was removed, or a tooth was extracted when it could have been saved with appropriate treatment.
• Nerve injury during treatment – Avoidable damage to the inferior alveolar, lingual, or other nerves occurred during extraction, implant placement, or root canal work, leaving lasting numbness, altered sensation, or chronic pain.
• Poorly performed restorative or cosmetic work – Crowns, bridges, veneers, fillings, whitening, or orthodontic treatment was carried out to a substandard level, causing pain, further damage, or the need for corrective treatment.
• Failed or poorly placed dental implants – Implants were placed incorrectly, in unsuitable bone, or without adequate planning, leading to failure, infection, or sinus involvement.
• Substandard hygiene or infection control – A breach of basic hygiene standards led to a preventable infection.
• Inadequate imaging or investigation – X-rays, scans, or other diagnostic steps that a competent dentist would have arranged were not carried out, resulting in a missed or delayed diagnosis.
• Poor aftercare – Complications were not properly followed up, your concerns were dismissed, or you were not referred on to an appropriate specialist when you should have been.

There may be other circumstances that justify a claim, including treatment received abroad through dental tourism, which is increasingly common but can leave patients with limited recourse closer to home. If you are unsure whether your experience meets the legal threshold, we can review the details with you and explain the options available.

How we build your case

Dental negligence claims turn on expert evidence. Our role is to investigate what happened, identify whether your care fell below an acceptable standard, and establish a clear link between any failing and the harm you have suffered. We will obtain and review your dental and medical records, consent documentation, treatment plans, and radiographs, and arrange independent expert opinion from an appropriately qualified dentist or specialist. From there, we will advise you on the strength of the case, the likely route to progress it, and the next steps.

It is worth noting that dental and medical negligence claims do not go through the Injuries Resolution Board, which deals with most other personal injury claims. They are pursued through the courts, although the great majority are settled by negotiation rather than at trial.

Speak to a solicitor in confidence

If you believe you have been harmed by substandard dental care, you can arrange a confidential consultation with our team. Simply complete our online enquiry form, or call us, and a member of our support team will be in touch.