Can I make a claim for mental health issues following dental treatment?

The main injury that we base a dental negligence claim on will be a physical one – such as the loss or damage of teeth or an injury caused by a dental instrument, amongst other possible injuries.

However, during our investigations and discussions with our clients, it may become apparent that they have been impacted on a psychiatric level by the negligent dental treatment that they have received.

Can dental problems cause depression?

Following negligent dentistry, Claimants can experience decreased self-esteem and confidence, anxiety, depression and other mental health struggles. This may be as a result of traumatic procedures, constant pain which can impact on sleeping and eating habits, or the aesthetics that they are left with following substandard treatment. As such, it is clear that dental treatment has both a physical and mental impact on some Claimant’s.

As a result, with some cases, it may be possible to claim for both the physical and mental injuries the Claimant has experienced. When looking to make a claim for a psychiatric injury, it will most likely be necessary to obtain a report from a psychiatric expert who will assess the Claimant and confirm if there has been a psychiatric injury in their opinion.

Following this, we can then consider including a claim for both the physical and psychiatric injury. It is important to note that the psychiatric injury should be as a result of the negligent dental treatment or exacerbated by it.

You can read here about the life changing issues one of our clients, Helen, was left with following the negligent treatment of gum disease. A psychiatric report confirmed that the negligence had not only impacted her confidence particularly in social settings but also caused her considerable distress and psychological stress which triggered a depressive episode of moderate severity. Helen’s case settled for £46,500.00.

How long after dental treatment can you sue?

 The time limits for making different types of legal claims are set out by the Limitation Act 1980. The time limits are also known as a limitation period. The usual time limit for bringing a dental negligence claim is three years. This can be either from the date the Client was injured or the date of knowledge, also known as the when the Client first realised they suffered an injury due to a potential dental negligence.

However, there are some exceptions, such as cases involving minors, vulnerable adults or deceased persons:

1 –  If the case involves a minor, the three-year time limit begins to run the victim’s 18th birthday, at which point the minor legally becomes an adult;

2 – If the case involves a vulnerable adult with no mental capacity, there is no time limit for when a dental negligence claim can be brought. However, if the person recovers from their condition, the three-year period begins from the date of recovery;

3 – If the case involves a deceased person and the person dies within the three-year period since discovering dental negligence, the limitation period begins from the date of death. If the negligence is discovered after the death, the family has three years to begin legal proceedings, with limitation period beginning upon the discovery of the dental negligence.

You generally cannot make a claim for dental negligence after three years, unless the victim of negligent treatment was a minor or without mental capacity. The courts are unlikely to accept claims that are out of time.

You can read more about the process of making a claim here.

Overall, making a claim for psychiatric problems that have occurred as a result of negligent dentistry is possible and is something that we can investigate when we are assessing a claim. If you have suffered from any substandard dental treatment, please contact our specialist dental negligence team today and see if you are eligible to bring a claim.