Statute of Limitations query please

[Monday]

Two years ago, my daughter and I separately complained about a private dentist refusing us treatment - my daughter because she had not had a Covid booster after having two Covid vaccines and me having not been Covid vaccinated at all.

We have recently been informed that there is to be a Dental Council hearing of both cases.

I had not realised that, being substantially disabled, there would be significant consequences for me.

This is not a personal injury matter, I'm now wondering about a possible civil case against the dentist, time limit for bringing a claim and whether we need legal representation at the hearing later this year.

I would appreciate any advice.Thank you.

[R0b]

Hi

If your claim is not a personal injury claim, what is it you are seeking to claim for? Without knowing the legal basis for your claim, we can't say what the limitation period will be.

Also, why would you need legal representation for the cases being heard by the Dental Council? Have you been invited to participate and submit arguments at those hearings? I would have thought those hearings are reserved for those involved and carried out in private i.e. the dental practitioner as part of their regulatory code of conduct and so it would be strange if not unusual for an outsider to step in and make legal arguments.

[Monday]

I am significantly disabled and now unable to leave the house. Soon after the dentist refused me treatment, I had an emergency heart valve replacement. There is a risk that bacteria via my teeth could cause a heart valve infection(endocarditis). I think that, had the dentist treated me at the time, my teeth would have been in better condition than they are now and therefore much less risk of possible infection.

There are two cases against the dentist and both my daughter and I are being called (although I presently dont know how I am going to be able to get there). Shortly we will each be contacted separately to make written statements. The documents from the Dental Council ask for them to be notified if we will be represented by solicitors.

I think the reason for the cases is that his refusal to treat us is contrary to his code of practice (private dentists and doctors are bound by same practice conditions as NHS). We provided evidence that he had similarly refused to treat other patients.

What i wrote in my first paragraph has not been disclosed to the Dental Council because I hadn't then had the heart valve replacement and didn't know about potential risks. The complaint we each made was that he refused to treat us,his reasons and that I was disabled. I must say we had no idea that they would treat it so seriously and that we would be expected to partake in the hearings. They are even going to provide support.

[R0b]

What you have described is akin to a personal injury claim, but then you said you are not looking at that type of claim, so I am unsure if there is any claim at all. The courts do not recognise every type of dispute or claim so just because the dentist refused to provide a service to you does not automatically mean you have a claim, unless you can align it to a recognised one e.g. personal injury, breach of contract etc. you would then need to prove losses or damage or injury arose due to that breach or negligence.

If it is a personal injury claim you are looking at, then it is usually 3 years from the date of the injury or diagnosis. unless you have the means to pay yourself, most people would seek a no-win no-fee lawyer to act on their behalf which in return the solicitor will take a success fee of around 20-25% of the compensation awarded.

As for the hearing, I have zero experience or knowledge of the Dental Council but it sounds like the Council are asking you to make some kind of witness statement, which you may be invited to participate in terms of your experience and evidence and be questioned on, though it isn't clear from your post whether that extends to making legal arguments as to why the dentist should or shouldn't be sanctioned. You should probably clarify this because that might dictate whether you need to be legally represented and also whether those costs of legal representation are recoverable - again that could influence whether you instruct one or not.

[Monday]

Thank you, I appreciate the time you have taken to reply. I had not understood that this is akin to a personal injury claim. I was more concerned about why the Dentist Council would require us both to be there, especially as the dentist admitted what he had done, has since sold his practice. I can see that I need more information than the Dentist Council have thus far provided.

Thanks again

[PallasAthena]

Monday Is this a meeting of the Professional Conduct Committee of the General Dental Council [GDC]?

https://www.gdc-uk.org/about-us/our-...duct-committee

If so then I think you are being called as witnesses to give evidence to the Committee about the events you complained about for the Committee to decide if the dentist is guilty of professional misconduct. It isn't a claim by you directly against the dentist. In cases like this it is irrelevant to the GDC that the dentist has now sold his practice as he could of course decide to open a new one.

I've never been to a GDC Professional Conduct hearing but I have been to some in another profession and I imagine they all work in a similar way. So if it is like other professions I expect your role will simply be to give evidence about the facts of what happened when he refused to treat you, what you said, what he said, the consequences for your dental health, how you felt about it etc.. You won't be asked about the law or be expected to know anything about the law and you aren't the 'prosecutor'. The Committee will have its own legal advisers who do all that stuff.

One reason you will be asked to attend is that although you have given your written evidence in advance, ie your complaint, justice requires that the dentist has the opportunity to challenge it and ask you questions.

You should explain to the GDC that your disability might prevent you attending in person and discuss with them what 'reasonable adjustments' they can make to allow you give your evidence. I can't think why you would want a solicitor to accompany you in a case like this but having someone with you to give you support might be allowed, ask the GDC about that. Would you be able to give your evidence via a video link, Zoom or similar?

You say "the dentist admitted what he had done" but admitting the facts of what actually happened is not the same as the dentist admitting it was professional misconduct that could get him struck off. That is what the Committee will have to decide.

You and your daughter made separate complaints so that is why you have both been invited to give evidence.

[Monday]

Thank you for explaining this in such a way that it is easy for me to understand. I appreciate your time in doing so.

I can see that this is what its about; the Dentist Council hadn't been so forthcoming.

Thank you again