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Mistake at the Dentist - Who is Liable

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debs626
debs626 Posts: 665 Forumite
edited 4 March 2011 at 1:52PM in Consumer rights
I'll try and keep this short and as straight to the point as possible

I had an appointment at the dentist on Monday to have a lost filling replaced, I'm currently on benefits and this is payed for by the NHS. Whilst I was there I asked my dentist if he could clean up my front teeth, one tooth needed a filling, another tooth needed a discolored filling replaced and a crown (27 years old) doesn't fit and isn't the same color as my other teeth anymore so I asked about getting it replaced too. I explained that I was starting a work trial on Monday and I needed to look my best to make a good impression.

The dentist said to me that all the work I was requesting was cosmetic and said if I wanted him to he could give me a quote to have them done privately. Which I agreed to and he did :)

He gave me a quote for two fillings - £55 each = £110 and a replacement crown for £320.

As I was about to start a work trial on monday I thought having the two fillings would make me look more presentable and maybe boost my self confidence a little. So I went to the receptionist and asked about having the two fillings and how soon she could fit me in .... as it happened there had just been a cancellation and I could have an appointment for 1:40 :) so I booked it and went back.

At my appointment the dentist gave me two injections in the gum above the teeth I was having fillings in and then he made some impressions of my top teeth and an xray of my crown (that I was going to have replaced at a later date if I could afford it) He then sent me out into the waiting room to wait for the injections to numb my gum. Went back to wait and at this point the receptionist asked if I wanted to pay now rather than after ... so I coughed up the £110.

20 mins later I was back in the chair, he got his drill out and started to drill for about 5 seconds, then put his drill down and picked up some other instrument ........ then next thing I know he's yanked out my crown cry2.gif I wasn't sure what he was doing first as one of the fillings that I needed done was on the tooth next to the crown and I though it was that tooth he was drilling (face is completely num btw) I didn't say anything at that time as it was too late anyway and the dentist proceeded to place on a temporary crown. He didn't fill the other two teeth (that I had the injections and appointment for) and told me to make another appointment for the fillings unsure.gif

I went into the receptionist to tell her what had happened, she went slightly ballistic but told me to sit down and she would get me straight back in to have the fillings done (whilst my face was still numb) 20 mins later I had the two fillings + a few touch ups on two other teeth at the front with which I am completely happy with.

I have to go back next week for the permanent crown fitting of which I will be billed £320 for ............. my question is do I have to pay for this work that I never ask to be done ? I don't have £320, I didn't request the work. I really want to stay on good terms with my dentist.
MSE:-)MoneySpendingExpert (-:
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Comments

  • squeaky
    squeaky Posts: 14,129 Forumite
    10,000 Posts Combo Breaker
    If you want to stay on good terms with the dentist... OK there was a communication error somewhere (receptionist to dentist?)...

    Since at some time in the future you intended having this work done i.e. when you could afford it - why not try negotiating with the dentist for future payment?

    Yes, they messed up - but, because they DID mess up - maybe they'll cut you a good deal.

    If they dig their toes in then you'll have to look for other options - which I'm sure will follow.
    Hi, I'm a Board Guide on the Old Style and the Consumer Rights boards which means I'm a volunteer to help the boards run smoothly and can move and merge posts there. Board guides are not moderators and don't read every post. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com. It is not part of my role to deal with reportable posts. Any views are mine and are not the official line of MoneySavingExpert.
    Never ascribe to malice that which is adequately explained by incompetence.
    DTFAC: Y.T.D = £5.20 Apr £0.50
  • debs626
    debs626 Posts: 665 Forumite
    Thanks for your reply squeaky ;)

    The only way I would have been able to afford the replacement crown would have been when I was back in full time employment and I explained this to the receptionist. As it has turned out the work trial that I was supposed to be starting on Monday isn't going to happen now anyway :( so my job prospects are not looking as rosie as they were :(
    MSE:-)MoneySpendingExpert (-:
  • squeaky
    squeaky Posts: 14,129 Forumite
    10,000 Posts Combo Breaker
    Bummer.

    Thing is - you won't know until you ask. I'd definitely try talking to them first, explaining your circumstances and reminding them of the communication error (wherever it was), and then asking them to help you out...

    If they don't, or you can't afford "the best they can do" - well yes, then for sure it's the time to check the regulations.
    Hi, I'm a Board Guide on the Old Style and the Consumer Rights boards which means I'm a volunteer to help the boards run smoothly and can move and merge posts there. Board guides are not moderators and don't read every post. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com. It is not part of my role to deal with reportable posts. Any views are mine and are not the official line of MoneySavingExpert.
    Never ascribe to malice that which is adequately explained by incompetence.
    DTFAC: Y.T.D = £5.20 Apr £0.50
  • debs626
    debs626 Posts: 665 Forumite
    OK after lots of googling and a telephone call to Dental Complaints service
    He gave me a quote for two fillings - £55 each = £110 and a replacement crown for £320.

    That quote is in actual fact a Dental Plan agreement that I entered into (signed)

    My dentist called it a quote and I thought I was signing it to agree to the price quoted. If I had have been told clearly that I was signing an agreement for treatment I would have never signed it as I wasn't sure of my finances at that point.

    But still, he knew I was booked in for two fillings and gave me injections for the fillings and then continued to take out my crown :mad:

    I feel like I have been conned.

    I also contacted the Consumer Direct helpline who advised me not to have the permanent crown fitted but to write to my dentist, stating the Supply of goods & services act 1982. To complain and ask him to put back my crown to how it was before treatment started.
    MSE:-)MoneySpendingExpert (-:
  • DCFC79
    DCFC79 Posts: 40,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Have you tried talking to the dentist about it, you wont know if you dont ask
  • debs626
    debs626 Posts: 665 Forumite
    DCFC79 wrote: »
    Have you tried talking to the dentist about it, you wont know if you dont ask

    I did, I only spoke to the jnr receptionist and she just echoed what the main receptionist said to me - "dont worry, we will work something out" meaning that I can pay them back in installments ....... for something I didn't ask for :mad: She asked me to call back on Monday
    MSE:-)MoneySpendingExpert (-:
  • isplumm
    isplumm Posts: 2,215 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    debs626 wrote: »
    I did, I only spoke to the jnr receptionist and she just echoed what the main receptionist said to me - "dont worry, we will work something out" meaning that I can pay them back in installments ....... for something I didn't ask for :mad: She asked me to call back on Monday

    so did you sign something without reading it??

    Mark
    We’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Presumably you have a cop of what you signed. Have a look at it.
    It very probably says, in big letters 'Dental Plan Agreement'
    You cant put all the blame on the dentist if you didnt read what you signed.
    'I thought' famous last words.

    Ask if you can pay in installments, you cant possibly expect a professional dentist to put you back in the position where you need a crown.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • debs626
    debs626 Posts: 665 Forumite
    I'm still confused to what I have signed to be honest. I have a printed copy with my signature on it.

    The document is titled Appointment Plan and above what I have signed it says

    I understand that variations to this treatment plan may occur during any course of treatment, as a result of the clinical condition. Blah blah Dental Surgery retains the right to amend this appointment plan. I agree to have these treatments carried out.

    I signed this even before any appointments were made and explained that I could only afford to have the two fillings done at the moment but would come back for the crown replacement when I could afford it. I honestly thought I was signing to agree to a set price for the whole treatment and not to have the whole treatment actually done there and then.

    I asked for a quote but by doing so I have got myself into something completely different.
    MSE:-)MoneySpendingExpert (-:
  • debs626
    debs626 Posts: 665 Forumite
    McKneff wrote: »
    Presumably you have a cop of what you signed. Have a look at it.
    It very probably says, in big letters 'Dental Plan Agreement'
    You cant put all the blame on the dentist if you didnt read what you signed.
    'I thought' famous last words.

    Ask if you can pay in installments, you cant possibly expect a professional dentist to put you back in the position where you need a crown.

    But some blame should lay with the dentist ... I told them that I could only afford the two fillings at the moment and I would come back for the crown replacement when my finances permitted me. The appointment I made was for the two fillings I requested. :mad:
    MSE:-)MoneySpendingExpert (-:
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