Patient rights after a misdiagnosis by a dentist

A dental misdiagnosis can derail treatment plans and confidence. The law in England and Wales gives patients clear routes to redress, from robust consent rules to access to records.

Limitation matters. Most adults have three years from the negligent event or from the point they first had reason to suspect negligence. For injuries in childhood, the three-year period runs from the 18th birthday (so issue before 21). If a person lacks mental capacity, time does not run while that incapacity continues. The rules are straightforward in principle, but the details (date of knowledge, childhood injuries, capacity) often decide whether a claim is in time.

Clinicians must discuss material risks and reasonable alternatives in clear language, with enough time for a decision - not mid-procedure. Specialist teams such as TJL Solicitors help patients apply these standards in practice. Records count too. Accurate charting, radiographs, periodontal indices, and referral letters often decide outcomes more than rhetoric.

The statutory duty of candour applies after a notifiable safety incident causing at least moderate harm; providers must give a prompt, transparent explanation and apology. Early, open communication can often resolve concerns.

What counts as a dental misdiagnosis?

It is a failure by a reasonably competent dentist to identify or correctly label a condition, leading to avoidable harm.

That includes missed caries or periodontitis, missed apical pathology on radiographs, or a delayed urgent referral for suspected oral cancer. Related treatment errors (such as wrong-tooth extraction) also lead to claims, though they are not misdiagnoses. If next steps are unclear, start by exploring a potential dental injury claim and seek an expert view on breach and causation.

Your core rights, in plain English

You have the right to informed consent. Options, material risks, and reasonable alternatives should be explained with time to decide, not rushed.

You have the right to your records. Practices generally respond to a subject access request within one month (extendable by up to two further months if the request is complex), providing notes and images. Corrections to factual errors can be requested.

The urgent cancer pathway exists for a reason. Persistent ulcers, red or white patches, and unexplained lumps warrant prompt assessment, typically via a two-week referral standard.

Do patients really succeed with claims?

Yes, when evidence aligns on duty, breach, and causation. NHS Resolution records thousands of new clinical negligence claims each year; most resolve without litigation under the Clinical Negligence Pre-Action Protocol.

Dentistry accounts for a small share. Dentistry represents a small share of specialty-coded claims. Outcomes turn on injury severity, documentation quality, and credible expert reports, not on how upset someone feels.
Illustrative examples, with useful takeaways

Example 1, oral cancer delay. Repeated attendances with a non-healing ulcer, no timely two-week referral, later diagnosis requiring surgery and adjuvant therapy. Settlement reflected pain, treatment, and lost earnings.

Takeaway: red-flag symptoms demand escalation.

Example 2, wrong-tooth extraction. A premolar was planned, a molar was removed. Subsequent endodontics on the intended tooth failed due to missed canal anatomy. Compensation covered remedial prosthodontics and time off work. Takeaway: robust identification checks reduce wrong-site errors; wrong-tooth extraction incidents are still reported, so rigorous verification at every stage remains essential.

Example 3, orthodontic root resorption. Fixed appliances were continued despite radiographic signs of external apical resorption. The patient required multiple endodontic procedures and later implants. Takeaway: periodic imaging and contemporaneous note-taking protect both patient and clinician.

Example 4, missed crack leading to vertical fracture. Recurrent pain was attributed to “bruxism”, no crack-detection tests or bitewing review. The tooth fractured and became unrestorable. Damages covered extraction and a staged implant plan. Takeaway: diagnose first, occlusal guards second.

How to move from concern to action

Start local. Raise a written concern with the practice manager and request a clear response within a reasonable timeframe. If unresolved, seek an independent opinion and legal triage on merits and value.

A concise, practical checklist:

• Build a timeline of symptoms, advice, treatment, and outcomes.
• Request full records, including radiographs and referral letters.
• Photograph visible changes, such as recession or fractured restorations.
• Keep receipts for travel, prescriptions, and lost earnings.
• Ask for a second-opinion report from a suitably qualified specialist.

What can compensation include, realistically

General damages address pain and loss of amenity. Special damages cover remedial treatment, travel, earnings, and sometimes future care or prosthetic maintenance. Many matters resolve under the Clinical Negligence Pre-Action Protocol. Some settle in months, others take longer, usually reflecting injury complexity and rehabilitation needs.

Final thought

Patient rights after a dental misdiagnosis are not abstract. They live in consent conversations, in careful record-keeping, and in timely referrals. If avoidable harm is suspected, gather evidence early, obtain a balanced expert view, and choose a focused pathway to resolution