Broken tooth

alpha2

I am requesting some advice from this forum regarding the damage to a molar tooth when eating a bag of Walker's crisps. I know that sounds unlikely but I assure you,that's what happened.
Along with chunks of the tooth I also found a small piece of metal. This was all witnessed by friends whilst traveling on a coach for a few days holiday. The pain was extremely intense until the painkillers kicked in. I would say that this incident and the pain incurred, marred my holiday considerably and would be the basis of my claim against the manufacturer.
Sadly they decided that they didn't know how the object came to be " with the product" and couldn't accept liability.
After much correspondence they have sent me a postal order for £24 being half the cost of my dental treatment. This after my dentist reported to them that I would need further treatment on this tooth in the near future.
OK! What I need now is advise on how to proceed please.

YoYoY

alpha2 wrote: »

I am requesting some advice from this forum regarding the damage to a molar tooth when eating a bag of Walker's crisps. I know that sounds unlikely but I assure you,that's what happened.
Along with chunks of the tooth I also found a small piece of metal. This was all witnessed by friends whilst traveling on a coach for a few days holiday. The pain was extremely intense until the painkillers kicked in. I would say that this incident and the pain incurred, marred my holiday considerably and would be the basis of my claim against the manufacturer.
Sadly they decided that they didn't know how the object came to be " with the product" and couldn't accept liability.
After much correspondence they have sent me a postal order for £24 being half the cost of my dental treatment. This after my dentist reported to them that I would need further treatment on this tooth in the near future.
OK! What I need now is advise on how to proceed please.

If you were charged £48 by the dentist, this sounds like it was done under the NHS.

I don't know why the dentist has got involved with Walkers, but as a NHS patient, the fee already charged covers all work even if more is required for the same course of treatment. This would cover any or all of the following:

• clinical examination, case assessment and report
• orthodontic case assessment and report
• advice, dental charting, diagnosis and treatment planning
• radiographic examination, including panoral and lateral headplates, and radiological report
• study casts including in association with occlusal analysis
• colour photographs
• instruction in the prevention of dental and oral disease including dietary advice and dental hygiene instruction
• surface application as primary preventive measures of sealants and topical fluoride preparations
• scaling, polishing and marginal correction of fillings
• taking material for pathological examination
• adjustments to and easing of dentures or orthodontic appliances
• treatment of sensitive cementum
• non-surgical periodontal treatment including root-planing, deep scaling, irrigation of periodontal pockets and subgingival curettage and all necessary scaling and polishing
• surgical periodontal treatment, including gingivectomy, gingivoplasty or removal of an operculum
• surgical periodontal treatment, including raising and replacement of a mucoperiosteal flap, curettage, root planning and bone resection
• free gingival grafts
  permanent fillings in amalgam, composite resin, synthetic resin, glass ionomer, compomers, silicate or silico-phosphate, including acid etch retention
• sealant restorations
• endodontic treatment of permanent or retained deciduous teeth
• pulpotomy
• apicectomy
• extraction of teeth
• transplantation of teeth
• oral surgery including surgical removal of cyst, buried root, unerupted tooth, impacted tooth or exostosed tooth and alveolectomy
• soft tissue surgery in relation to the buccal cavity and lips
• frenectomy, frenuloplasty, frenotomy
• relining and rebasing dentures including soft linings
• addition of tooth, clasp, labial or buccal flange to dentures
• splints (other than laboratory made splints) in relation to periodontally compromised teeth and in connection with external trauma
• bite raising appliances (other than laboratory made appliances)

If the work required is additional to and not covered by any of the above, then the dentist should not have charged you £48 in the first instance.

pmlindyloo

alpha2 wrote: »

I am requesting some advice from this forum regarding the damage to a molar tooth when eating a bag of Walker's crisps. I know that sounds unlikely but I assure you,that's what happened.
Along with chunks of the tooth I also found a small piece of metal. This was all witnessed by friends whilst traveling on a coach for a few days holiday. The pain was extremely intense until the painkillers kicked in. I would say that this incident and the pain incurred, marred my holiday considerably and would be the basis of my claim against the manufacturer.
Sadly they decided that they didn't know how the object came to be " with the product" and couldn't accept liability.
After much correspondence they have sent me a postal order for £24 being half the cost of my dental treatment. This after my dentist reported to them that I would need further treatment on this tooth in the near future.
OK! What I need now is advise on how to proceed please.

See here:

http://www.adviceguide.org.uk/england/law_e/law_legal_system_e/law_personal_injury_e/personal_injuries.htm

alpha2

YoYoY wrote: »

If you were charged £48 by the dentist, this sounds like it was done under the NHS.

I don't know why the dentist has got involved with Walkers, but as a NHS patient, the fee already charged covers all work even if more is required for the same course of treatment. This would cover any or all of the following:

• clinical examination, case assessment and report
• orthodontic case assessment and report
• advice, dental charting, diagnosis and treatment planning
• radiographic examination, including panoral and lateral headplates, and radiological report
• study casts including in association with occlusal analysis
• colour photographs
• instruction in the prevention of dental and oral disease including dietary advice and dental hygiene instruction
• surface application as primary preventive measures of sealants and topical fluoride preparations
• scaling, polishing and marginal correction of fillings
• taking material for pathological examination
• adjustments to and easing of dentures or orthodontic appliances
• treatment of sensitive cementum
• non-surgical periodontal treatment including root-planing, deep scaling, irrigation of periodontal pockets and subgingival curettage and all necessary scaling and polishing
• surgical periodontal treatment, including gingivectomy, gingivoplasty or removal of an operculum
• surgical periodontal treatment, including raising and replacement of a mucoperiosteal flap, curettage, root planning and bone resection
• free gingival grafts
  permanent fillings in amalgam, composite resin, synthetic resin, glass ionomer, compomers, silicate or silico-phosphate, including acid etch retention
• sealant restorations
• endodontic treatment of permanent or retained deciduous teeth
• pulpotomy
• apicectomy
• extraction of teeth
• transplantation of teeth
• oral surgery including surgical removal of cyst, buried root, unerupted tooth, impacted tooth or exostosed tooth and alveolectomy
• soft tissue surgery in relation to the buccal cavity and lips
• frenectomy, frenuloplasty, frenotomy
• relining and rebasing dentures including soft linings
• addition of tooth, clasp, labial or buccal flange to dentures
• splints (other than laboratory made splints) in relation to periodontally compromised teeth and in connection with external trauma
• bite raising appliances (other than laboratory made appliances)

If the work required is additional to and not covered by any of the above, then the dentist should not have charged you £48 in the first instance.

Thanks for that info (very in teresting). The dentist was approached by Walkers

Wywth

alpha2 wrote: »

I am requesting some advice from this forum regarding the damage to a molar tooth when eating a bag of Walker's crisps. I know that sounds unlikely but I assure you,that's what happened.
Along with chunks of the tooth I also found a small piece of metal. This was all witnessed by friends whilst traveling on a coach for a few days holiday. The pain was extremely intense until the painkillers kicked in. I would say that this incident and the pain incurred, marred my holiday considerably and would be the basis of my claim against the manufacturer.
Sadly they decided that they didn't know how the object came to be " with the product" and couldn't accept liability.
After much correspondence they have sent me a postal order for £24 being half the cost of my dental treatment. This after my dentist reported to them that I would need further treatment on this tooth in the near future.
OK! What I need now is advise on how to proceed please.

You can start your compensation claim for pain and suffering here.

https://www.moneyclaim.gov.uk/

Good luck, and do let us know how you get on

alpha2

Thanks "Yo yo" for that info. the reason my dentist became involved was because Walkers approached him.

Toothsmith

In 25 yrs since qualifying, I've known one or two people who have blamed foreign objects in food for dental damage.

Generally the damage has been pretty minor. I've occasionally known some companies give the cost of the first filling, or a voucher for more of the product (!) but I have never known anyone get any significant amount of oney out of a manufacturer.

Do you still have the 'foreign body' or did you send it to them?

Former_MSE_Wendy

MOVING THREADS FOR BETTER RESPONSES

Hi. I’ve moved your thread away from the Citizens Advice board as your question was not an area the CAB representatives are able to help with at the moment. Please see this rule and if you have any questions about this policy please email forumteam@moneysavingexpert.com.

Mr_Thrifty

But where did you move the thread to?

arcon5

Wywth wrote: »

You can start your compensation claim for pain and suffering here.

https://www.moneyclaim.gov.uk/

Good luck, and do let us know how you get on

Considering Walkers have not accepted responsibility and likely to deny being the cause, it would be useful for op to a) build a case that can be somewhat substantiated b) quantify the pain and suffering

Once this has been done, there is pre-court protocol to follow. Failing to do so could be the difference between a judge awarding court costs or not.

yangptangkipperbang

I have a new health warning - DO NOT read posts on MSE ! This causes severe weakness in your teeth - in the last couple of days there have been reports of an ice cream and now a crisp causing dental damage. You have been warned....................