NHS Dentists

[Swingletree]

Quick Question

If I pay a NHS Dental Practice for a Band Three treatment to be undertaken by a NHS dentist employed by that Practice and things go wrong and I want to get my money back via the small claims court, do I need to 'sue' the dental practice (who took my money) or the actual dentist?

Thanks for looking

[des8]

Re: NHS Dentists

Before you jump into litigation have you complained.
http://www.nhs.uk/chq/Pages/nhs-dent...oes-wrong.aspx


If you are thinking of suing, it will be for clinical negligence and is most likely allocated to multi track (not small claims)

Care to tell more?

[Swingletree]

Re: NHS Dentists

When complaining, I'm informed by the Practice Manager that if I require a refund of two separate band three bridges (they have both failed) over the past 10 months then it is 'up to the dentist/s' NOT the practice. The 1st Bridge was fitted by a dentist that has since left (in the middle of a treatment plan), another dentist took over that treatment plan. The next treatment plan was started by the second dentist and insisted another bridge (in another part of the mouth). However, I'm told the 1st bridge has to go back to the laboratory to be re-made and any costs (they are expected) will have to be borne by me. The second bridge was unsatisfactory when it was placed, it fell out in less than 24 hours.

I am not at all happy with the 'care' given and it would be much easier to tackle the Dental practice rather than go after the two dentists who will just say 'on your bike'.

Whether I use 'multi track' or small claims I have no clue, I'm just doing my 'homework' at this time.

Your reply talks about complaining but who too, the dentists or the practice. I paid the practice NOT the dentists just under £500

Thank you for your help

[des8]

Re: NHS Dentists

It will depend on the basis of the individual dentist's relationship with the practice as to whom you proceed against.

If they were employed by the practice, you would be able to proceed against the practice (if a limited company) or against the practice owner..
However many dentists are only associates of the practice, i.e. they are self employed and use the facilities of the practice, and so you need to take action against the individual.

You will need to prove that the dentistry fell below what is acceptable because of the negligence of the dentist(s)

You do not decide which track to use.
When you file your claim, the court looks at the details and amount claimed and allocate the claim to the relevant track

You might find this link useful if you haven't already seen it: http://www.nhs.uk/chq/pages/1777.aspx?categoryid=74

[BettercallSaul]

Re: NHS Dentists

I can sympathise with the appalling way you have been treated. Most dentists are now just mercenaries with no regard for the patient. Have you lodged a complaint with NHS England? If you took your car to a garage to repair the work of a previous mechanic, you should not be expected to pay again because it's a different mechanic. It's a ridiculous system.

[wales01man]

Re: NHS Dentists

Was the treatment paid for in total by you or was your payment made a s a contribution towards the total cost the balance paid by the NHS.
If the NHS paid have you complained to them they may offer help in your case and as public money was paid to the dentist they should be getting what was paid for not the shabby treatment you had.

[Swingletree]

Re: NHS Dentists

Hi thank you for your replies

i wonder how I can find out whether these dentists were 'employed' or sub-contracted, any ideas?

The money paid to the detail practice was two NHS band three payments (just under £500) and i don't understand how much is actually given to the dentists, kept by the practice, sent to the laboratory (for construction) of the bridge. It would be intresting to find this out but I'm not sure how I can find this out

[des8]

Re: NHS Dentists

So this was NHS treatment.
Assuming you are in England you can either complain to the NHS service provider directly – the dentist surgery, – or to the commissioner of the services, which is the body that pays for the NHS services you use. You cannot apply to both.
All the info is on this site: http://www.nhs.uk/NHSEngland/complai...omplaints.aspx

[BettercallSaul]

Re: NHS Dentists

I would have thought if it gets to the stage of bringing this case to the Small Claims Court the surgery would be responsible as you state you paid your money to the practice and not the individual dentist or laboratory. Usually courts expect you to have exhausted all other options to resolve this matter by completing the NHS complaints procedures first and the suggestion by des8 would be the best action. Keep all evidence, photos of the faulty bridges etc; and good luck.