What Actually Triggers a Dental Malpractice Claim?
All dentists worry that they may get a complaint or that a claim may be made against them. For a claim to be made, three criteria must be satisfied. Firstly, a legal duty of care must apply to the treatment in question. Secondly, there must be a clear breach of duty or practice standards at any point during the treatment in question. Thirdly, there must be proven causation, meaning that the adverse outcomes of the treatment must be the result of that treatment and not of any pre-existing conditions or circumstances.
In summary, a successful dental malpractice claim in law must meet three tests:
- A Legal Duty of Care
- A Clear Breach of Duty
- Proven Causation
1. Legal Duty of Care
Firstly a legal duty of care must exist between the practitioner and the patient. Such a duty is established as soon as the dentist starts to interact with a patient at a consultation, whether within the NHS or privately. The practitioner is legally under an obligation to provide treatment that meets the standard of a competent dental professional in the UK.
2. A Clear Breach of Duty
A breach in duty occurs when a dental professional acts in a manner that does not meet UK dentistry standards of practice. In order to lodge a successful claim, the claimant needs to prove that the care received fell below an acceptable professional standard. In the UK, this judgement is based on two landmark pieces of case law.
- The Bolam Case (1957) established the “Bolam Test” which set the legal standard of care for professionals in all medical negligence cases and stated that a professional is not negligent if their actions align with an accepted, responsible body of medical opinion. In other words, if a dentist in a particular situation acts in the same way as his colleagues would have done, then he has a defence against any allegation of negligence.
- The Bolitho Case (1997) reaffirmed the Bolam test but clarified that the opinion of experts relied upon must be reasonable, responsible and logical and that a court had the power to prefer one view over another. In other words, if a professional’s actions met the standard of practice but were inherently illogical or unsafe in that specific case, a judge might still rule that a breach of duty had occurred.
3. Proven Causation
The third basis for a claim to be proven is causation, where the claimant must show that the injury suffered was more likely than not to have been caused by the dentist’s action or omission, resulting in avoidable physical, psychological or financial injury. Courts apply the “But For” test. In this test, it is examined and debated whether a patient would have suffered the same specific injury had the dentist’s breach of duty not taken place.
Ready to Get Started?
With the triggers of a dental malpractice claim easily breachable in some cases, finding the right indemnity insurance provider is key for every dentist and practice to stay protected. Reach out to our team and request a quote today!
If you have any questions before you begin, our team is happy to talk you through the process. We understand the dental profession, and we’re here to make sure you’re properly protected.
Densura provides professional indemnity tailored to UK dental professionals. All quotes are subject to individual assessment and underwriting.
Reviewed on 29 June 2026
