Bringing a Claim Against a Dentist

[needadvice87]

I'd like to bring a claim against a dentist (if they do not respond to me and my other attempts for recompense fail).

The dentist has done a very poor job on a crown fitting, and based on my experience with them (very poor hygiene standards, hostile attitude, poor work on teeth) I have lost confidence in their ability to adequately fix the tooth without causing more damage/problems. So I would like to use a different dentist and get a refund on the original work.

I am going through the other channels such as https://dcs.gdc-uk.org/.

However, the dentist is quite hostile and I do not believe they will want to refund any part of the amount I have paid (a bit less than a grand).

My evidence of the poor shoddy work is that:

1. An independent dentist has done an x-ray and found that the crown has not fit. They have said it 100% needs to be redone.
2. The original dental practice called me to say that the crown needed to be remolded. I said I could not come in immediately as I was abroad (they knew I would be). They then said that the remold was no longer needed. When I questioned them on this and said I would fly back asap, then fobbed me off. I believe this is one of the reasons the crown has not fit.
3. I have their patient notes they gave me, which say that they asked me to come in to get the mold redone.
4. My wife came in with me on the procedure and noticed that they did not change their gloves once during the procedure, despite touching their dusty computer and multiple objects around the room that would be involved in other patients' procedures. The nurse also put chewing gum in her mouth with the gloves. This is not inline with hygiene standards.

I am wondering:

Is this a good case to go to court with?

What are my chances of winning?

Do I need more evidence or expert testimony?

If I lose, will I have to pay the costs for the other side?

[theberenger]

You will certainly require another dentist's expert opinion on the state of the work done previously, its condition, whether it can be rescued, or whether it needs taken out and redone from the beginning, and of course the anticipated cost of doing that. If you don't have that, in the form of a written opinion, it is effectively a qualified dentist's word against a lay person's (your) opinion.

Whether you should proceed to court, which you would do via the Fast Track or 'Small Claims' court, will be informed by the opinion of the other dentist. In fact it would be even better for your case if you could arrange more than one other opinion, preferably by dentists from separate practices.

Assuming you did proceed to issue a claim, in the small claims court it is normal for each side to bear their own costs in most circumstances. If you do want to pursue a claim, educate yourself on the pre-action protocol and make sure you follow it before issuing your claim.

Edited to add - If you accrue costs in the process of obtaining these expert opinions, or other costs directly attributable to the allegedly defective work, you would normally be entitled to add those costs to the total value of your claim, providing you stay below the small claims limit of £10k.