Dental negligence is treatment or advice that fell below the standard of a reasonably careful dentist and caused harm. This page explains the claims we see most often, how they are proved, and why the Dental Council can't award compensation.
A dental negligence claim is a medical negligence claim against a dentist whose care fell below the standard of a reasonably careful dentist and caused harm.
The Dunne test applies to dentists in the same way as to doctors: a dentist placing implants is compared with a reasonably careful dentist doing the same work.
Common claims include:
Before an implant or a difficult extraction, a careful dentist checks where the nerve runs with X-rays and sometimes a 3D scan, and warns you of the risk of nerve injury.
A claim can arise from poor planning, poor technique, or a missing warning about a risk you would have wanted to know before agreeing to treatment.
A dentist in private practice has their own indemnity, which defends the claim. Dental care from the HSE's public dental service falls under the State Claims Agency's Clinical Indemnity Scheme. Dental claims don't go to the Injuries Resolution Board.
Ask the dentist who takes over your care for a written treatment plan and estimate, as it becomes part of the evidence.
Contact us through our enquiry form, phone, or email. We’ll review your situation, answer your questions, and explain what to expect next. There’s no upfront fee to begin your claim.
Your case will be carefully reviewed by our legal team.
We assess the strength of your claim, advise on the documentation needed, and guide you through key steps such as attending an independent medical examination and preparing the information required for the Injuries Resolution Board (IRB).
Once you decide to move forward, we take care of everything. This includes gathering evidence, contacting the other party or their insurer, submitting your claim to the IRB, managing settlement discussions, and handling any court proceedings if needed.
Paul Kearney founded the practice and leads its medical negligence work in Ireland. He is regulated by the Law Society of Ireland. Read Paul's profile.
Every medical negligence claim needs independent expert evidence. We instruct independent medical experts in the relevant field to report on the care you received and on what difference it made.
We get your medical records and go through them with you, so that you know where you stand before any claim is started.
There are no upfront fees. Before you go ahead, we set out in writing how legal costs work, as section 150 of the Legal Services Regulation Act 2015 requires. No Win No Fee explained.
No. The Dental Council decides whether a dentist is guilty of professional misconduct and, if so, can sanction them, up to removing them from the register.
It says compensation is a matter for the courts, not the regulator. It also can't deal with refunds or fees.
No. Nerve injury is a known risk of some extractions, even when done well. A claim turns on whether the dentist assessed the position of the nerve properly, used reasonable technique, and warned you of the risk beforehand.
Possibly. A reasonably careful dentist checks the gums at routine visits and records the results. If your records show signs of gum disease that were not explained or treated, an independent dental expert can say whether earlier treatment would have saved the teeth.
For private treatment, the dentist's own professional indemnity. For treatment from the HSE's public dental service, the State Claims Agency manages the claim under the Clinical Indemnity Scheme.
No. Claims arising from a health service or from medical or surgical treatment are outside the Board's remit under section 3 of the PIAB Act 2003. A dental claim goes to court once independent expert evidence supports it.
Yes. Your dental health comes first. Tell us before repair work starts if you can, so photographs and X-rays of the problem are taken and kept as evidence.
Not on its own. An apology given in open disclosure is not an admission of liability under Part 4 of the Civil Liability (Amendment) Act 2017. Speak to us before you sign anything that says the matter is settled.
Two years from your date of knowledge, under the Statute of Limitations (Amendment) Act 1991. With missed gum disease, that is often when a new dentist told you the condition should have been found earlier. For a child, the two years start at 18.
No. There are no upfront fees. Before you go ahead, we give you clear written terms explaining how legal costs work, as section 150 of the Legal Services Regulation Act 2015 requires. Read No Win No Fee explained.
Regulated by the Law Society of Ireland
Kearney Law handles only personal injury and clinical negligence claims.
We act for clients across Ireland, including Dublin, Cork, Galway, Limerick, Waterford and Letterkenny. See all the areas we cover.
Contact us to talk to a solicitor about your claim, or request a case review.
Email: [email protected]
Opening Hours:
Monday to Thursday 8am – 8pm
Friday 9am – 5pm
