Has anyone claimed for dental malpractice?

TraySelect

Has anyone made a claim against a UK dentist for malpractice or negligence? I've reluctantly had to accept that I have to rectify the botched job on my teeth, which was done - badly - by a private UK dentist whom I haven't seen since he did this 2 years ago. I paid a lot of money for this dreadful, disfiguring work.

I'm not prepared to go back there for that dentist to go anywhere near my teeth. I have X ray evidence to show what he did [a bridge] has distorted my other teeth.

Any help welcome -

- how do I initiate a claim?
- who with? Are there specialist lawyers, claim handlers?
- what is the most direct, straightforward way of tackling this - my goal would be to have compensation for the disfigurement so that a reputable dentist could do the repair work
- any tips, experiences, anyone could share?

Thanks so much

treliac

You are entitled to have advocacy assistance to make a claim.

Hope the following is helpful and that you are able to get this sorted out to your satisfaction. Good luck

http://www.pohwer.net/our_services/independent_1.html

Toothsmith

Have you seen another dentist since?

Do they agree that something bad has happened?

Where does the x-ray come from, and how does it 'prove' the bridge has distorted other teeth? Do you have before and after pictures or x-rays? I'm struggling to think how one x-ray could show that.

There are several avenues open to you, but first of all, I think you need to visit a reputable dentist to get a professional opinion.

It may well be that you wouldn't need a lawyer at all.

If you get an opinion backing you up, then a well worded letter of complaint with supporting evidence, and an estimate of repair costs to the original dentist may well result in compensation with no need for court.

Complaints with specific requests are much easier to deal with.

If a patients writes a letter saying "You did 'X', I was unhappy with the result. Dentist Y has examined me and has concluded that A,B and C has not been completed in a satisfactory manor, this can be seen in X-ray E and photo F. To fix the problems, Dentist Y requires £Z. I feel that you should pay this account.

Or words to that effect.

The first dentist does have the argument that you haven't said anything to him before about it. If you had a problem, the first course of action really should have been to have let him know as soon as possible, and at least given him a chance to suggest what he would do about putting it right - even if you then decided you didn't want him to put it right. At the end of the day though, that defence probably won't get him anywhere.

But the bottom line, though is to look for another dentist first, not a lawyer yet.

TraySelect

treliac - thank you, that's useful.

Toothsmith - yes to both your questions - the X rays show the before the intervention, and the 'after' shows the consequences down the line - ie the damage caused.
And yes, my current dentist [who qualified at the same time, from the same institution as the dentist responsible for the disfiguring work - they play squash together] says the work is 'poor'.

I will have to pay for this second opinion, and I would struggle - desperately - to find the 100 pounds quoted for this opinion. I took out a loan to pay for the original work that caused the problem. I am still paying this off.

I can see how folk just give up in the face of the power of the dental and medical professions more widely. It's not like complaining to a bank. Taking this on by myself, against a dentist who will have insurers who will gun against me to minimise and mitigate their responsibility, is overwhelming.

Toothsmith

I'm still a bit confused.

If you already have the opinion that it is 'poor' then what do you need to pay the £100 for?

I think you are looking far too many steps up the line and scaring yourself out of taking any action because you feel it will turn into a long drawn-out battle.

The very first step is to write to the dentist concerned with your complaint. It is very useful at this stage if you are up front about what you expect in terms of compensation (not necessarily a figure, but "for you to pay for the damage to be corrected" would be fine.) If the dentist knows what it's probably going to cost him to pay the matter off - he, and his defense organisation can weigh that up against the cost of defending the case. At least they know things aren't going to get stupid ........ " I want the cost of the repair done by Dr Exeedingly-Expensive BDS in Harley Street, I want compensation for psycological damage of having to hide myself away for 2 years, I want the cost of re-staging my nieces wedding, which I was unable to attend due to embarassent over my teeth" Etc Etc. If you see what I mean?

The dentist concerned will need to respond to this letter within a few days - initially to say that he has received your complaint and is looking into the matter - and then give a full response within a couple of weeks.

If this is an open-and-shut case, and the demands are fair/reasonable the dentist will be advised by his organisation to settle. The organisations are not awash with money, and court time is very expensive. In fact, amongst dentists, there is a very strong feeling that the defense organisations give in far too easily over some cases that are defensible.

In this early stage, you don't need any evidence from another dentist.

Write the letter to the practice, and see what response you get.

This link may help take matters further if you are not satisfied with the response.

http://www.gdc-uk.org/General+public/Reporting+unfitness+to+practise/Who+can+help.htm

Katie-Kat-Kins

As a lawyer I'd have to disagree with toothsmith, if you start to negotiate with this dentist yourself now there is a substantial risk that you could prejudice a claim and leave yourself undercompensated.

I don't know the full details of the case and it is a little outside my area, but for example if your old dentist agreed to pay for repair work in full and final settlement then you would get the repairs done and would have no right to a further claim when under law you would probably be entitled to something for the costs of maintaining the repair work that exceed what you would have been paying had the initial work been carried out correctly. You would also be entitled to recover any associated expenses and for any pain and suffering caused.

Therefore my recommendation is to find a specialist solicitor who deals with clinical negligence claims who will be able to advise you whether you have a case and deal with the case for you. The best way to find someone is to google legal 500 and look for a clinical negligence firm in your area. I'll post a list if you tell me what region you are in. Most solicitors will do a half hour free and then set up a "no win no fee" agreement. Don't go through a claims management company, it will only cost you extra for no extra level of service.

Bear in mind that you MUST make a claim within three years of the treatment.

Also bear in mind that if you are advised that you do not have a case in negligence you can still complain that the treatment was "poor" and may get some sort of refund.

Any questions feel free to ask.

Toothsmith

KatP wrote: »

Bear in mind that you MUST make a claim within three years of the treatment.

It's three years from finding out that a mistake/negligence has happened.

I appreciate that in this case, the patient has known that it's not been right from day one, so for her, she has only got one year to go to initiate a claim.

For someone who finds out that a dentist (or medic) did something wrong to them years ago - they have 3 years from finding out that a wrong thing was done.

I would still say that the first thing to do would be to approach the dentist first with the complaint, and keep the demands reasonable - especially if a long drawn out battle is to be avoided.

The more bits you add to the bill, the more likelyhood there is of a fight, and that will only benefit the lawyers.

jugglebug

With regard to the advice you have received from KatP and toothsmith (and yes I am a dentist too so you can take my comment with that in mind)

Every single practice is required to have a complaints procedure in place. A fact toothsmith alluded to when he gave you the link to the GDC's website.

The general dental council is the body legally mandated to regulate dentists but their reason for existence is to protect the public. They are not there to stick up for the dentist against you.

If the 1st port of call was legal action then the various complaints procedures would not have been set up, at considerable cost to the dental profession.The private complaints service on that website is funded through the subscriptions we dentists have to pay every year to remain registered Not you as the complainant.
The distinction should be drawn between funded by dentists, which it is indirectly and controlled by dentists which it most certainly is not

TraySelect

Thank you for the replies
Toothsmith – the 100 pounds is to pay for an orthodontist to assess the damage and cost the solution. My own dentist – the one who plays squash with the original dentist and who said the work was ‘poor’ – advised me I would need to see an orthodontist to put the botched work right.
Without a costings for remedying this, I don’t understand on what basis I can complain – it would be futile as he has no evidence on which to investigate a complaint.
KatP – thanks for your input. It will cost me to make this claim – getting assessment, travel to and from dentists to so do. Hence I am looking for advice in dealing with the original dentist, including costing a claim. I am not out to make silly statements about psychological damage.

A question – the 3 year rule – I’ve checked and it’s nearly 3 years since the procedure was done. The disfigurement and discomfort has been creeping, gradual and is now pronounced. Should I lodge a complaint letter with the dentist now, in advance of trying to raise cash to get an assessment of what’s needed to put it right? Should I do this anyway before – possibly - talking to a lawyer?
Thanks again everyone

Toothsmith

TraySelect wrote: »

Should I lodge a complaint letter with the dentist now, in advance of trying to raise cash to get an assessment of what’s needed to put it right? Should I do this anyway before – possibly - talking to a lawyer?
Thanks again everyone

Yes. That will get the ball rolling.

You might be able to argue that you didn't know the work was poor until dentist 2 told you - but best to be on the safe side and get things moving soon.

TraySelect

If I write a letter of complaint - alerting the dentist to the problem - within what time frame would I need to provide a specialist report to him of -
1. damage suffered,
2. remedy proposed and
3. cost of remedial treatment, plus my costs in getting this done [travel, costs of reports, time off work, etc].

I would want time to research and seek advice as to who would be appropriately skilled and experienced to put the problems right, and not cause yet more.

As I said at the beginning, I just want to remedy this without being steam-rollered by insurers, medics, etc. I just want to be able to smile again, and not have to suffer financial loss or cost in getting this botched job put right, and without dental problems down the line.