Jurisdiction(s):
United Kingdom

Key definition

Negligence definition

What does Negligence mean? In legal practice, negligence describes a failure to take reasonable care that results in foreseeable harm or loss. It is proved by establishing: (i) a duty of care, (ii) breach of that duty measured against the objective standard of a reasonable person, (iii) causation (factual “but for” cause and legal scope/remoteness), and (iv) recoverable damage. The concept is defined and developed by case law. A classic formulation is that negligence is omitting what a reasonable person would do, or doing what a prudent person would not (Blyth v Birmingham Waterworks (1856) 11 Ex Ch 781). The test is objective: the

Dental negligence: periodontal care, caries diagnosis, endodontics, orthodontics, extractions, cosmetic dentistry, consent post-Montgomery, and dental practice non-delegable duties and vicarious liability

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

A range of frequently seen liability issues arise in dental claims, and they commonly include the following:

periodontal claims
cosmetic dentistry
consent Disputes
root fillings
orthodontic claims
failure to diagnose dental caries
incomplete or incorrect Extractions
jaw fractures during tooth extraction

This Practice Note also explores the circumstances in which a dental practice might owe a non-delegable Duty of care to a patient.

Periodontal claims

Claims relating to gum disease are very common. Awareness of a potential claim typically arises when a patient has changed practice for some reason, or where a practice has changed hands. A new dentist may tell the patient that they have gum disease, or, quite often, assume the patient already knows. The news is more often than not, understandably, met with considerable upset and anger.

Basic periodontal examination

At each and every examination there is an obligation to assess the periodontal condition (the structures and tissues surrounding the teeth). As a minimum, dentists should record the findings of a Basic Periodontal Examination (BPE) at each visit. For NHS dentists, this forms a contractual part of the overall examination. The mouth is divided into six sextants and...

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Mike Hill

Trinity Chambers

Mike is noted for his niche practice in Dental Negligence claims. He practised as a general dental practitioner for 15 years. He taught pain-control and conscious sedation at Newcastle Dental Hospital for 6 years before transferring to the bar in 2004. As a result, he has an understanding of the complexities of dental claims that is hard to match. Mike advises daily on all aspects of liability, causation and quantum and he drafts approximately 100 sets of clinical negligence pleadings a year. He lectures and provides seminars on dental negligence claims to lawyers and on dento-legal matters to postgraduate dentists on a regular basis. His recent practice has involved implantology, periodontal neglect, neural injuries and complex restorative cases with future treatment costs of almost £100,000. Lexis®PSL Personal Injury...

Web page updated on 21/05/2026

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