The decline in NHS dentistry and an increase in cosmetic dental treatment have led to an surge in negligence claims referred to solicitors, practitioners have told the Gazette.

Simon Elliman, head of clinical negligence at regional firm Withy King, said the department has seen more enquiries from patients dissatisfied with their dental treatment than any other type of clinical negligence claim.

He put this down in part to the fall in the number of NHS dentists and the way NHS dentistry is remunerated – by the number of fillings or extractions rather than by amount of time spent or quality of work.

‘In the private dentistry arena more and more patients are opting for cosmetic procedures such as veneers and tooth whitening, which bring their own risks and complications,’ Elliman said.

But Emma Holt, partner and head of clinical negligence at Manchester firm Pannone, said the reason for the rise was hard to define. ‘I don’t think it is due to the lack of NHS dentists, but possibly because more treatments are going wrong or because people are more aware of their rights.’

Lisa Jordan, partner and head of clinical negligence in the Birmingham office of national firm Irwin Mitchell, said one reason for the rise in claims relating to cosmetic procedures was the fact they can sometimes be performed by practitioners who are not as experienced as dentists. She called for greater regulation of private clinics.