Dental Negligence in Children: Understanding the Legal Rights of Young Patients

What Is Paediatric Dental Negligence?

Dental negligence occurs when a dental professional provides treatment that falls below the standard of a reasonably competent practitioner, and that failure causes harm. In paediatric cases, the standard of care must take into account the child’s age, cooperation, and developmental stage.

Negligence in children’s dentistry can arise in several ways, including:

1. Negligent Orthodontic Treatment

Orthodontic care must be carefully planned and regularly reviewed. Common examples of negligent orthodontic work include:

• Starting treatment before the child’s teeth or jaw have developed sufficiently
• Fitting braces without carrying out the necessary X-rays or bite analysis;
• Poor adjustment of braces, leading to tooth root damage, gum recession, or unwanted movement of healthy teeth; or
• Failing to supervise the treatment properly, allowing problems to go unchecked.
• Failure to Diagnose or Treat Tooth Decay (e.g. poorly performed check ups, missing signs of decay, incorrect treatment provided.

Incorrect orthodontic care can cause permanent root damage, loss of teeth, or require further corrective treatment in later years. In some cases, the damage is not apparent until adulthood. Delays in diagnosis can cause lasting damage to permanent teeth beneath the baby teeth, sometimes affecting how adult teeth erupt or align.

2. Procedural Errors and Post-Treatment Complications

Procedural negligence may include:

• Use of non-sterile instruments, leading to infection.
• Injury to the mouth, nerves, or jaw during treatment.
• Failing to monitor a child after dental surgery.
• Performing unnecessary extractions or restorations.

Infections following dental procedures can have serious consequences for a child’s general health and wellbeing, particularly if left untreated.

3. Failures in Consent and Communication

Before any dental procedure, proper consent must be obtained. For minors, this usually means consent from a parent or guardian unless the child is old enough and mature enough to provide their own informed consent.

Negligence may occur if parents are not given full information about risks and alternative options. leaving parents unaware of the potential consequences and unable to take the best decision for their child. Effective communication is essential to ensure that treatment is safe and lawful.

Legal Principles in Dental Negligence Claims Involving Children

Duty of Care

Every dental professional owes a duty to exercise reasonable care and skill. In legal terms, the standard is based on the Bolam test whether the treatment would be supported by a responsible body of dental opinion. This is refined by the Bolitho principle, which requires that professional opinion be logical and defensible.

Causation

It must also be proven that the negligent act or omission directly caused the harm suffered. This often requires expert dental evidence to show that, but for the dentist’s failure, the injury or complication would not have occurred. For example, an expert may conclude that if decay had been identified earlier, the tooth could have been saved.

Limitation Periods

For adults, the limitation period to bring a clinical negligence claim is three years from the date of the negligent act (or knowledge of it). For children, that three-year period does not begin until their 18th birthday meaning most claims can be issued at any point up to their 21st birthday. Where a child lacks mental capacity, limitation may be extended indefinitely.

Gathering Evidence and Building a Case

Dental negligence claims are evidence-based. Success depends on clear documentation of both the treatment and its consequences. The essential evidence are the dentistry records and imaging, report of an independent expert and testimony of the child and family.

Typically, an expert dentist will provide evidence on breaches of duty and causation in general dentistry. If a claim relates to specialist treatment such as implants or extensive restorative dentistry, input from an expert Prosthodontist may be sought. This ensures that the claim is supported by objective, specialist opinion and that all past losses and future anticipated losses are captured in the claim.

Compensation can include:

• General damages for pain, suffering, and loss of amenity; and
• Past losses
• Special damages for out-of-pocket costs such as further treatment, travel, and ongoing care.

Where the harm has long-term cosmetic or orthodontic consequences, future treatment costs may form a significant part of the claim.

Steps to Take if You Suspect Negligence

If you believe your child has been affected by negligent dental treatment:

1. Seek Prompt Clinical Review: Obtain independent advice from another dentist or specialist.
2. Request Copies of Records: Parents are legally entitled to access their child’s dental records under the Data Protection Act 2018.
3. Keep a Record: Note all appointments, symptoms, and communications.
4. Make a Formal Complaint: Raise concerns directly with the dental practice or through the NHS complaints process.
5. Obtain Specialist Legal Advice: Early advice helps preserve evidence and ensures limitation deadlines are not missed.

A solicitor will assess the merits of the claim, obtain expert reports, and advise on whether the standard of care was breached and what compensation may be recoverable.

Accountability and Professional Standards

In addition to a civil claim, concerns can be reported to the General Dental Council (GDC), which regulates dental professionals. If you believe your child has suffered avoidable harm, our specialist medical negligence solicitors can advise on whether you may have a claim.