dentist, do I have a case

welshdent

Ker you may not agree with what we are telling you but that doesn't make us wrong. If you were able to get this practice to accept responsibility for a dentists work believe me you will be making legal history!

coldstreamalways

This would be akin to trying to sue the person who owns the premises from which a bike shop is run because a bike you were sold 5 years ago was faulty. The practice do not "own" the dentist. The practice manager is not like a manager from Halfords who would a: be an employee and b: have some responsibility for the other staff. Dentistry doesn't work like this. I will await the outcome of this with great interest, I do need a dissertation topic for my LLM afterall!

I understand that you were told the problem would be fixed but a dentist is always responsible for their own treatment and you will NOT find a dentist who will take on the responsibility for someone else. If you want to pursue a claim, it should be against the dentist who fitted the bridge, FACT.

suki1964

You will come back and let us know the outcome wont you?

londondent

This is a very interesting thread, i would have to agree on what the other dentists here have posted. Its a very frustrating situation to be in, however neither the practice or the new dentist can be held accountable for what has happened. The practice has offered a goodwill gesture for placing a new bridge, i think they may find it difficult to get the dentist to carry it out, espeically if the dentist does not agree with the treatment - rightly so!

Been in a similar situation, where a previous dentist had placed a poorly fitting crown on a weak tooth which subsequently broke 13 months afterwards. Obviously the patient wasnt too happy, especially when i advised her the only replacement options would be denture/bridge/implant at even more cost.

The practice manager did try to get me to place a new crown with a post, but i didnt believe it would work in the long term, and refused to do it.

kes123

Hi thanks for all the replies.
i will let you know what court decides.
But what i think is that the practice should not have told me that they would replace it and write on my notes that they would if actually they would not.
That would have been really simple then and i would have known where I was

brook2jack

They offered you a goodwill gesture.
Unfortunately you chose not to take their offer up until years later. They did not offer you a blank cheque but an immediate solution to your problem , a problem which ,strictly speaking, was not their responsibility.

Five years on you are now seeking not only the costs of treatment which you declined to have at the time , but also additional distress etc from people who are not legally liable for the work in the first place.

I wonder whether this will affect them making any goodwill gestures in future?

welshdent

Can I ask if you have received any legal advice prior to going to small claims? You do seem to be pressing ahead despite our comments here

kes123

Hi, No i am not getting any legal advice. Can't afford it. Plus small claims court is not like high court. The person who sits in judgement listens to both sides and makes judgement accordingly.

I am going on the basis that a verbal and written agreement was made between myself and the Dr who runs and still runs the practice. No time limit was ever set because they understood the reasons why I made do with what I had.

And also at no time during my negotiations with the dental practice have they ever used the defence that the people on this forum are using. Maybe if they had i would understood the things you are saying.
there defence is that they are saying that its my opinion that the bridge was defective. When actually its not my opinion because as Ive stated before im not a dentist so would not no. It was in there opinion and this is something I can proove

brook2jack

If you are stuck for money then don't waste it on a small claims that you have no legal basis to win on. Did you read the excerpt above on the legal status of practice owners (principals) and dentist who work in the practice (associates )? Even if the bridge was defective it is not the responsibility of the practice owner , it is the responsibility of the dentist who placed it.

If you cannot afford legal advice contact PALS (patients liason services number should be in phone book or phone your local pct for number. pct is primary care trust). They will tell you exactly what we have told you and you will save yourself the court fees. Unfortunately Citizen advice bureaus don't often have good knowledge of dental matters so I wouldn't try them. the very strong advice is to see legal opinion. http://www.hmcourts-service.gov.uk/courtfinder/forms/ex306_e.pdf

If you are still determined to go to small claims be aware that there is a protocol you HAVE to follow before you can file a complaint , to make sure all other avenues have been explored and your case may be thrown out if you do not follow http://webarchive.nationalarchives.gov.uk/+/http://www.justice.gov.uk/civil/procrules_fin/contents/protocols/prot_rcd.htm


However you can save yourself alot of useless work if you listen to what everyone here has told you. If you have a problem you are chasing the wrong people. You can only prove negligence or poor clinical work against the dentist who fitted it.

welshdent

something you also need to bear in mind. We pay a LOT for indemnity cover and they have at their disposal a not too small legal team that live eat and breathe clinical problems. They will have significant experience in dealing with all levels of problems such as this. I am concerned that you are taking completely the wrong approach against the wrong people and are standing to lose out whereas there are cheaper easier mechanisms for you to follow. A dental practice is not like a large chain multinational. They are usually run by independent individuals and other independent individuals ply their trade within the building. They simply do not accept responsibility for others action no matter how passionate the plea.