Children’s Dental Negligence Claims

A child cannot conduct court proceedings personally. A parent, guardian or another suitable adult usually acts as litigation friend, making decisions in the child’s best interests and without a conflict. The solicitor represents the child’s claim. If parents are separated, the practical choice of litigation friend depends on responsibility, involvement and any disagreement; it is not automatically determined by who booked the dental appointment. The child should be involved in an age-appropriate way, particularly as they mature. Records and information remain confidential, and publicity is not a normal requirement. Where the proposed representative may share responsibility for missed appointments or delayed care, the solicitor must consider whether another adult should act.

In England and Wales, time ordinarily does not run against a child. If no claim is brought during childhood, the young person generally has until their twenty-first birthday to issue proceedings. Waiting is not always wise: practices close, records become harder to obtain and memory fades. Early investigation may also secure funding for treatment or clarify a developing prognosis. Exceptional facts can change the position, including a later lack of capacity, so individual advice is important. A complaint to the dentist does not protect the legal deadline. Keep the child’s full records, radiographs, school absence information and receipts even where a claim will not begin immediately.

Consent is decision-specific. A young person under 16 who has sufficient understanding may be capable of consenting to particular treatment; those aged 16 and 17 are generally presumed capable. A person with parental responsibility may often consent for a younger child, but clinicians should still explain the procedure in language the child can understand, listen to concerns and avoid coercive treatment. Emergency and best-interest issues require individual analysis. A signed parental form does not prove that material risks, alternatives and the consequences of no treatment were properly discussed. In orthodontics, extraction or treatment under sedation, the records should show the clinical indication and the information given to both child and parent.

A lost adult tooth in a growing child may be managed temporarily with an adhesive bridge, denture or orthodontic space plan because implant treatment is usually considered only after growth and local development are suitable. Retained primary teeth, unerupted successors and jaw growth make each case individual. The expert should map likely treatment stages, replacement cycles, maintenance and uncertainty. The claim may remain open until prognosis is reliable, but healthcare continues meanwhile. School absence, dietary restriction, teasing, appearance concerns and dental anxiety should be recorded sensitively without repeatedly questioning the child. Psychological evidence is appropriate only where the effect is significant enough to require it.

An agreement to settle a child’s claim is generally not final until a judge approves it as being in the child’s best interests. The court reviews the evidence, valuation, deductions and proposed management of the money. Compensation is commonly paid into the Court Funds Office until age 18, although the court can approve other arrangements and necessary applications. This safeguard means the litigation friend cannot simply accept an offer or spend the award as their own. The solicitor should explain funding deductions and provide the medical evidence needed for approval. Where future treatment is uncertain, the judge must be given a fair account of that risk rather than only the most optimistic plan.