Dental Abscess
Negligence Claims

Key points when making a dental negligence claim

• A dental abscess claim can be made when a dentist’s negligence leads to misdiagnosis, delayed treatment, incorrect procedures, or inadequate aftercare.
• A solicitor can tell you if the suitable standard of dental care was breached.
• You have up to 3 years from the date of your injury to start a claim.
• Compensation can cover medical expenses, corrective treatment, loss of earnings, and any other losses. Use our compensation calculator to find out how much you could receive.
• Your claim can proceed on a no win, no fee basis.

If a dental abscess has set you back, we'll help you move forward

Dental abscesses can cause excruciating pain and require immediate care.

If you've suffered from a dental abscess due to inadequate dental care or misdiagnosis, you might be entitled to compensation for the pain and complications endured.

If your injuries were caused by the negligence of a doctor, nurse, midwife or other medical professional, you may be entitled to claim compensation.

You can make a No Win, No Fee compensation claim with the help and support of a specialist clinical negligence solicitor.

What is a dental abscess?

A dental abscess is a bacterial infection that has accumulated in the soft pulp of the tooth. Dental abscesses are usually categorised as:

Periapical Abscess

Occurring at the tip of the tooth's root. It usually happens when tooth decay advances to the point of affecting the inner pulp of the tooth.

Periodontal Abscess

Forming in the gums at the side of a tooth root, this is often a result of infection in the space between the tooth and the gum, and can be related to gum disease.

Symptoms include severe toothache, sensitivity to hot and cold, swelling in the face or cheek, tender lymph nodes under the jaw or in the neck, and a fever.

Dental abscesses require urgent treatment to drain the abscess, resolve the infection, and potentially save the affected tooth. If left untreated, the infection can spread to other parts of the face, the skull, and even the bloodstream, leading to serious health complications.

With nearly 2,000 complaints made about negligent dentists, you are not alone

The likelihood of developing a dental abscess at some point in your life may be as high as 46% (source: cks.nice.org.uk)

With prompt diagnosis and treatment, however, a dental abscess rarely causes any long-term health problems. If your dentist fails to diagnose or treat the abscess, it may grow and create permanent problems for your teeth, mouth and jaw.

The number of complaints to the Ombudsman about dentists increased by 66% from 1,193 in 2017/18 to 1,982 in 2022/23 (ombudsman.org.uk).

If you have suffered a dental abscess after receiving inadequate dental treatment you may be eligible to make a dental negligence compensation claim.

If you need information on dental abscess symptoms and treatment, visit: dental abscess (nhs.uk).

How much compensation can I claim for a dental abscess?

The compensation you can claim for a dental abscess is based on:

• how severe your injury is,
• the effect of your injury on your daily routine and ability to work,
• any expenses or financial setbacks caused by your injury.

General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.

Special damages is compensation for quantifiable financial losses you've incurred as a result of your dental abscess Compensation can include lost earnings, lost earnings, and any additional expenses directly related to your injury.

These damages will also cover any medical or treatment bills, such as antibiotics, pain medication, dental drainage and dental surgery.

Read more:

A complete list of recoverable losses in a personal injury claim

How is compensation calculated if I have multiple injuries?

Average dental abscess compensation payouts

The following dental abscess payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, 17th Edition by the Judicial College (oup.com).

These tables are used by solicitors or by the courts as a starting point when calculating your compensation.

Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).

Teeth loss or damage

Dental abscess symptoms

Initially, a dental abscess may not have any symptoms. However, as the dental abscess develops, the patient usually will begin to experience the following:

• Severe toothache, usually described as a throbbing or shooting pain
• Bitter taste in the mouth
• Pain while chewing
• Red or swollen gums
• Visible draining of the pus into the mouth
• Swollen glands in the neck
• Swelling of the jaw.

Occasionally, the toothache associated with a dental abscess may stop once the tooth pulp and nerves have been damaged. This may discourage patients from seeking the dental treatment they need. Even without pain, the infection may continue to eat through tissue causing irreparable damage to the bone structure of the jaw.

How is a dental abscess treated?

Dental abscesses are usually treated using a combination of antibiotics and draining the abscess to remove all pus and bacteria. In serious cases, the abscess may have to be surgically removed.

Early diagnosis is critical to the chances of a patient making a full recovery from a dental abscess injury. When treatment is delayed, the infection could spread causing damage to other parts of the body.

Making a claim for a dental abscess injury

Dental staff owe a duty of care to provide treatment in a professional and timely manner. A claim may arise whenever this duty is breached and the patient suffers injury as a result. Examples include:

• A delay in diagnosing the dental abscess
• Failing to treat tooth damage or decay in a timely manner
• Incomplete draining of a dental abscess resulting in further infection
• Failing to provide a course of antibiotics
• Complications following deep cleaning treatments
• Mistakes during the removal of an abscess may give rise to a surgical error claim.

This list is not exhaustive. A claim may be made whenever it can be shown that the dentist behaved in a manner which fell short of the required standard. The arguments will often be highly technical, revolving around the details of specialist dental reports.

What if my dental abscess was misdiagnosed?

While few dentists would fail to spot an established dental abscess, they may miss certain types of tooth damage that, without the proper treatment, could lead to the development a dental abscess in the future. Mistakes of this kind can result in a medical misdiagnosis claim, one of the most common types of dental negligence compensation claim.

Failing to spot a dental problem can increase the pain and discomfort of the patient, prolong the recovery period and in serious cases, reduce the health outcome of the patient. Where it can be shown that a negligent misdiagnosis has caused or exacerbated the patient's dental abscess, a claim for compensation may be made.

How the cause of your dental abscess impacts the claim process

The process for claiming depends on the circumstances that led to your dental abscess. Click the icons to find out more.

Medical negligence Other accidents

Author:
Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.