What Are The Top 10 Causes of Dental Claims?
Unfortunately, claims against dentists have risen quite sharply in recent years and involve a range of aspects of care and treatment. Unexpected clinical complications can occur, but many claims arise from avoidable oversight, communication breakdowns and administrative gaps.
Most claims made against dentists insured by Densura are resolved without payouts or the necessity to attend court. Of those cases that do go to a trial most are successfully defended. The most challenging part of any claim of negligence is the considerable stress experienced by the practitioner and any dentist insured by Densura will be supported during the whole procedure until a resolution is obtained.
According to modern medico-legal data, dental complaints and claims tend to fall into 10 distinct categories across the pre-treatment, mid-treatment and post-treatment phases:
Pre-treatment Phase:
- Diagnostic failures
- Consent issues
- Breakdowns in communication
Mid-treatment Phase:
- Surgical errors
- Poor record keeping
- Vicarious liability
Post–treatment Phase:
- Cosmetic dissatisfaction
- Increased regulatory audits
- Digital dentistry errors
- Incorrect prescriptions for post-treatment medication
A Closer Look At the Top 10 Causes of Dental Claims
Pre-treatment Phase:
- Diagnostic failures
Diagnostic failures often result in expensive claims as they involve “supervised neglect.” These failures arise when a patient is misdiagnosed and therefore incorrectly treated, resulting in negligence claims.
- Consent Issues
Any issues related to the provision of valid consent are highly likely to result in dental claims as patients can claim that they were misinformed or misled going into the treatment. Regardless of the treatment’s outcome or standard of practice, this claim can arise before any procedure has been carried out.
- Breakdown of Communication
A breakdown in communication between the dental practitioner and the patient frequently results in complaint. If expectations are not discussed and portrayed accurately by clinicians to patients, the miscommunication can lead to disappointment, often resulting in disgruntled patients consulting a medical negligence solicitor.
Mid-treatment Phase:
- Surgical errors
These are the bread and butter of dental complaints and occur during the hands-on work done by practitioners. The errors arising during treatments and procedures such as root canal therapy, extractions or implants are the basis for the majority of claims, making the maintenance of a high standard of practice critical in avoiding and defending claims.
- Poor record keeping
Another frequent factor in claims is incorrect or insufficient records during procedures that are not contemporaneous, clear and complete, meaning that claims of negligence and errors cannot be defended or explained. Insufficient reporting is one of the easiest ways to lose a claim , making effective and accurate note taking extremely important.
- Vicarious liability
Another significant cause for claim during treatment is vicarious liability, which is the circumstance where the professional in charge of a practice is liable for the mistakes of employees. A recent UK legal framework shows that a principal dentist or practice owner can face direct liability for claims resulting from actions of self-employed associates, hygienists, therapists, or dental nurses who operate within their practice.
Post-treatment Phase:
- Cosmetic dissatisfaction
Frequent post-treatment claims relate to cosmetic dissatisfaction where a patient has opted for a voluntary cosmetic treatment and is dissatisfied with the results. Often driven by unrealistic expectations, these claims can be minimised with clear communication.
- Increased regulatory audits
Not all indemnity claims are derived from direct clinical harm. An increase in regulatory and financial audits by private insurers or NHS bodies have placed practice finances under a microscope and can easily lead to claims. Claims and disciplinary actions can arise from administrative errors, unintentional “upcoding” or billing discrepancies.
- Digital dentistry errors
The widespread adoption of technology such as digital charting software, intraoral scanners and AI diagnostic tools introduces technical vulnerabilities. Claims can result from any kind of incorrect records as, if there is a software glitch or improper equipment calibration, a practitioner may lose vital physical evidence needed to refute a claim.
- Incorrect prescriptions
A claim can arise if a dental practitioner prescribes incorrect medication following treatment. The risk is magnified if medications are issued on an ongoing basis before reviewing a patient’s up-to-date medical history. Prescribing incorrect dosages of medication may also be a cause for claim.
Ready to Get Started?
Stay protected from dental claims throughout every phase of treatment with Densura UK’s comprehensive contractual cover. 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 22 June 2026
