If a dentist has botched my treatment, what can I claim?

Question

José Manuel Alburquerque · Accepted Answer

You can claim what you paid for treatment that was done badly or left unfinished, the cost of having another dentist put it right and the harm it has caused you, such as pain, after-effects or the loss of teeth. You can claim against the clinic, the dentist who treated you and their insurers at the same time. You will normally have to prove the error with a report from a dental expert, so do not let another dentist touch the work without first documenting its condition. If you paid for it with a loan linked to the treatment and the clinic does not offer you a solution, you can claim against the bank for what the clinic failed to deliver. What you can claim A refund of what you paid for the part of the treatment that was done badly or never carried out. The cost of having another dentist put the work right, backed by their quote or invoice. Personal injury, such as the days of pain and treatment, after-effects or the loss of teeth, which is usually calculated using the statutory compensation scale for road traffic accidents (the “baremo”) as a guide. The dentist undertakes to use the proper means, not to achieve a specific result. But with prostheses, implants and cosmetic treatments the courts tend to be stricter, especially regarding the information you were given beforehand. Furthermore, what the clinic offered in its quote or its advertising can be demanded of it even if it is not in the contract. How to claim Ask the clinic for your complete records, including the X-rays, the signed quotes and the consent forms. Before another dentist repairs the work, record its condition with photos, X-rays and a report from that dentist or from an expert. If you do not, you may be left without proof of the error. If you are in pain or have an infection, do not delay treatment for this reason, as it is usually enough for the new dentist to document it before starting. Make a written claim against the clinic and the dentist and ask them for their insurance details. They are obliged to have insurance or another equivalent guarantee. If it is insurance, you can claim directly against the insurer. In Catalonia, the official complaint forms and the “Agència Catalana del Consum”, the Catalan consumer agency, are useful for the contractual side, such as the price or unfinished treatment. A complaint to the “Col·legi Oficial d'Odontòlegs i Estomatòlegs de Catalunya”, the Catalan professional association of dentists, may lead to the dentist being sanctioned, but it will not get you compensation. Before suing, you must try to reach an agreement, for example through a written proposal to negotiate, as the law has required since 2025. Time limits and loans Against the clinic with which you had a contract, in Catalonia the time limit can be up to ten years. Against anyone who did not have a contract with you, such as a dentist employed by the clinic, it is three. Outside Catalonia it is five years against the clinic and one against the others. Even so, do not wait, because the insurance may only cover claims made while it is in force. The prudent course is to make a written claim as soon as possible. If you paid with a loan intended solely for that treatment and arranged through the clinic, you can claim from the bank the same as from the clinic where the treatment was not carried out, in whole or in part, or was not carried out as agreed. You must first have made a claim against the clinic, by a means that leaves a record, without obtaining what you are entitled to. This is particularly useful if the clinic has closed down.