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Taking Dentist to court over poor care whilst a child under the NHS

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  • Taking Dentist to court over poor care whilst a child under the NHS

    Hello, This is quite long, and I am sure not many of you will have time to trawl through it all, so I will try and summarise it, and anyone with the time, can feel free to see the letter I wrote to my PCT.
    In a nutshell,
    I am 26, when I was under 16, I was entitled to free orthodontic treatment as my teeth were very crooked and 'goofy' as my dentist put it. We were referred to a highly recommended orthodontist practice in Epping (some considerable distance from where my mother (on benefits) lived.
    We made every ortho appointment, and I was progressing well.
    Ortho explained I would need to go back to dentist to have teeth removed, dentist refused saying she felt it was an NHS corner cutting measure to save money.
    Ortho and dentist had phone call and argued, no resolution was made, so I was told by the ortho that there was no point in me coming back for appointments as I needed my teeth removed and my dentist was refusing.
    My dentist explained to my mum that she was now an orthodontist, and she would be happy to do the work, it would be around £5k - hardly a suitable resolution for a single parent on benefits. The treatment was abandoned as a result and when I was old enough to look into the matter, I was told, I would now have to pay for the treatment as I am an adult. I have tried various ways of getting something sorted, but simply cannot afford the figures I am being quoted. I feel cheated by the system and really quite angry by it all.

    My last correspondence was a letter to my PCT (a local resolution complaint form). They have just got back to me after over a month and say they only look at issues under 12 months old. Liability is with my dentist as it was their job to find me suitable treatment, and I should take the issue up with the dentist or contact the General Medical Council. Any advice or suggestions would be greatly appreciated.


    Copy of my letter to PCT:
    Local Resolution NHS Complaint

    To whom it may concern, I am writing to draw your attention to the lack of NHS care I have had relating to my dental care some years ago.
    This issue dates back many years, and I have, in my spare time, been actively trying to resolve this issue, but I feel I am being pushed from pillar to post.

    I will try to be as brief in my explanation as possible;
    When I was a child at around the age of 13/14, my dentist, Dentist X referred me to SuperDuper Orthodontic Surgery in Epping. The referral was for my teeth as Dentist X felt it necessary that I have a brace fitted to straighten my teeth. At the time, I can remember that they pointed out a lot at the front, I was often unable to eat certain foods because of my poor bite and Dentist X advised that a brace would fix this problem. Orthodontist Y at the SuperDuper Orthodontic Surgery was my orthodontist. My mother would drive me to see him every few weeks whilst I wore removable appliances (this was often a struggle as she could barely afford to get me there and back). The treatment was going well and orthodontist Y was pleased with my progress. On our last visit to the practice, orthodontist Y explained to my mother and me that for the next stage of the treatment, I would need to go back to dentist x to have some teeth removed. When we spoke with dentist x, she refused saying this was a corner cutting procedure to do the work on the cheap. Following on from seeing dentist x, my mother received a call from orthodontist y explaining that dentist x had called him and had a heated argument on the phone and orthodontist y would be unable to see me. It was left that my mother would have to find alternative providers for my treatment. My mother was single and on benefits and was struggling to pay the bills let alone get me to the orthodontist. Unsurprisingly, she was unable to progress with this matter in anyway. Shortly after dentist x informed us she would no longer be able to see me as an NHS patient, but would be happy to sign me up as a private customer. Something we clearly could not afford.
    In later years when I was 19 and had my first job, I enquired at my dentist about getting the work completed seeing as I was mobile and able to get myself from A to B, and was shocked to me told that I would now be expected to pay for the treatment as I am an adult.

    As far as I am concerned, I was entitled to the work and due to two professionals having a fall out, I have been left with a problem which I am now expected to bear the brunt of. We are not rich people, and I do not have thousands of pounds going spare. I have tried various routes to get this issue resolved, and all of them appear to involve money.
    Having recently completed a law course, I am now fully aware of my rights and the responsibilities of my primary care trust, hence my letter.

    My current dentist advised me to visit my local GP regarding my teeth and the fact I am still unable to eat certain foods as he felt it was something the GP could refer me for and something which is affecting my diet. My GP told me there is nothing he can do and I should go private to get the orthodontic work done. I am absolutely disgusted and shocked at the level of care I have received and at the poor attitudes towards my problem; that I should be expected to pay for something I was fully entitled to get fixed for free. I could fully understand if I had been a bad patient and not attended my appointments. We attended every one of orthodontist y's appointments which often involved me taking time off of school and meant my mother was unable to afford food for the week, and what a waste it has all been.

    I would like to know what the XYZ PCT plan on doing regarding my case.

    I look most forward to your response as this is my last resort.
    Tags: None

  • #2
    Re: Taking Dentist to court over poor care whilst a child under the NHS

    Have you sought a second opinion of the original opinion given with regards to the issue?
    "Family means that no one gets forgotten or left behind"
    (quote from David Ogden Stiers)

    Comment


    • #3
      Re: Taking Dentist to court over poor care whilst a child under the NHS

      Maybe try approaching the dentist directly?

      Comment


      • #4
        Re: Taking Dentist to court over poor care whilst a child under the NHS

        Hi, thanks for your posts. I have asked both of the dentists I have had since this one and they have either recommended that I go private for the work or they have said they would rather not get involved. I feel like I am being given no option but to pay privately for something I was fully entitled to have for free.

        Comment


        • #5
          Re: Taking Dentist to court over poor care whilst a child under the NHS

          There is a specialist law firm who deal with comlpaints about dentists - www.dentallaw.co.uk. I don't know if they do free initial advice or no win no fee but you could check them out.

          If a dentist refuses to provide treatment which should be available on the NHS or fails to advise that NHS treatment is available in order ot try and extract a fee for private treatment, I would have thought this was a matter for the GDC (General Dental Council).

          In case anyone's wondering, I have no financial interest in this firm.

          Comment


          • #6
            Re: Taking Dentist to court over poor care whilst a child under the NHS

            Hi, thanks for your post and suggestion. I will drop them a line and see what they say. I am guessing that even if they were no win no fee, I doubt I would get far due to the complex nature of this problem and also the time frame, this was now many years ago. It has not helped that various dentists have suggested I try alternative ways to get the work sorted, all of which have ended up being no use - this has taken me time and lots of effort.

            Comment


            • #7
              Re: Taking Dentist to court over poor care whilst a child under the NHS

              Oh dear, it is not looking like good news for me 

              I contacted the company you kindly recommended, and they confirmed they do work on a no win no fee basis, but there is a 3 year window of opportunity to pursue a case. My case relates back to when I was 16, and I am now 25, so the chances of me being able to take this matter further are very unlikely. Typical.

              Comment


              • #8
                Re: Taking Dentist to court over poor care whilst a child under the NHS

                Maybe you shoudl enquire of the GDC about making a professional conduct complaint ?

                Comment


                • #9
                  Re: Taking Dentist to court over poor care whilst a child under the NHS

                  Originally posted by SpringerSpaniel View Post
                  Maybe you shoudl enquire of the GDC about making a professional conduct complaint ?
                  I have had an email back from a man called Greg, from the website you suggested. He has been very helpful but unfortunately said there is nothing they can do as a court would consider me out of time based on how long it has been. Very unfortunate.

                  If I enquire with the GDC about making a professional conduct compaint, I am assuming that will not entitle me to get the work done, but maybe force the dentist into bucking their ideas up and maybe protecting future patients? - Worth doing.

                  It seems that I am going to have to some how caugh up the cash. I explained to Greg from the site you recomended, it has had such an effect on me, I am unable to eat certain foods, I never eat publically for embarasment, I am so angry that I have been left in this way. If I had been made aware at the time, I had only 3 years to do something, I may have found this forum or been able to get in touch with someone in the know. I have even been to see my GP about it and even he said pay to get it done privately, what sort of world are we in here?! Hardly a cosmetic issue.

                  Comment


                  • #10
                    Re: Taking Dentist to court over poor care whilst a child under the NHS

                    I will check if the GDC can require the dentist to deal with the problem without charging you.

                    However, you might not want the same dentist working on your mouth after all the problems they've caused you ?

                    Comment


                    • #11
                      Re: Taking Dentist to court over poor care whilst a child under the NHS

                      Each dentist should carry Professional Indemnity Insurance. Write to the dentist advising why you were not happy with his work and that you are now looking for compensation and if he is not going to deal with the aspect compensation claim then he should pass your letter of complaint to his PI insurers and advise you of their details including name address and policy number, I would give give him 10 days to respond and advise that if you do not hear from him within this time you will start a court claim for compensation in the amount of £ xxxxx.

                      Before you write this letter you need to find out how much it would cost to get the work re-done privately to correct the situation? If you gather some quotations this will give you an indication of what compensation to go for + your pain and sufferance and this will form the basis of your claim with the dentist or his insurers.

                      Sorry I have not read the whole thread so if I have covered something that has already been said, I will apologise now.

                      Keep as advised.

                      Comment


                      • #12
                        Re: Taking Dentist to court over poor care whilst a child under the NHS

                        Originally posted by SpringerSpaniel View Post
                        I will check if the GDC can require the dentist to deal with the problem without charging you.

                        However, you might not want the same dentist working on your mouth after all the problems they've caused you ?
                        SpriingerSpaniel, thanks for your prompt response. The trouble is, shortly after the dentist and orthodontist fell out on the phone, the dentist said she could no longer see me as she was not private only. I have not seen her since. Have not been seen by her since I was 16. And I am now 26, so a long time.

                        I think the main problem was that she was geared more for private patients as this was where she would earn her money. Me and my mum being well below the breadline were not doing anything for her profits. At the time, she had her own practice, she has now moved a few miles down the road and owns a more s****y private practice.

                        Comment


                        • #13
                          Re: Taking Dentist to court over poor care whilst a child under the NHS

                          Did you try to get treatment for your problems from any other practice when you were still a child ?

                          Comment


                          • #14
                            Re: Taking Dentist to court over poor care whilst a child under the NHS

                            Hello,
                            Thanks for all of your messages.
                            I did not try and get treatment from any other practice whilst a child. My mother had no money and didn't know where to turn. Very difficult when she couldn't afford to get me out to another dentist - we lived in a remote village.

                            Maybe as Tuttsi suggests, I should send the dentist a letter explaining how disatisfied I am and see what response I get?
                            I think the trouble with getting quotes is that most orthodontists I have approached, have said they have consultation fees of around £150, so I think I would be more likely to get a quote rather than more than one as it would become very expensive.

                            Comment


                            • #15
                              Re: Taking Dentist to court over poor care whilst a child under the NHS

                              Maybe you will find one that will quote you to do the work on a free consultation, but if you have to pay to see what is involved and how much this is going to cost to get put right. You may have to spend a £100 or so (but make sure you have a written estimate and work they would have to perform to correct the situation)so don't forget this will be part of your claim against the dentist.

                              Another thought is what about the dentist hospitals can your doctor reffer you to the dentist hospital in your area?

                              Comment

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