Dental and all other problems - It starts with negligence only.

dentistinnoida

Just no!

helimachoptor

I'm not sure how a multinationals day of dental checks in India, relates to Ireland.

xlaurenx

ive no idea how to correctly use this site ! but if anyone could point me in the right direction. i wish to sue a dental practice for negligence. has anybody come across a case were a solicitor took this kind of complaint on ?? thanks for any replies

btkm8unsl0w5r4

This sounds good, please give us the details without using any names or in any way identifying the practice.

Oral Surgeon

xlaurenx wrote: »

ive no idea how to correctly use this site ! but if anyone could point me in the right direction. i wish to sue a dental practice for negligence. has anybody come across a case were a solicitor took this kind of complaint on ?? thanks for any replies

First step is to discuss any issues with the dentist....
If no joy, the dental association have an independent complaints service that may be quicker and cheaper and may suit you...
If no joy, a complaint to the dental council
If no joy, legal action...

You may skip any of these steps if you wish but going through this in stages will give you a better idea of how good your case is and in a cheaper way, you may not even have a case so why spend a lot if money on legal action before knowing that....

ResearchWill

Oral Surgeon wrote: »

First step is to discuss any issues with the dentist....
If no joy, the dental association have an independent complaints service that may be quicker and cheaper and may suit you...
If no joy, a complaint to the dental council
If no joy, legal action...

You may skip any of these steps if you wish but going through this in stages will give you a better idea of how good your case is and in a cheaper way, you may not even have a case so why spend a lot if money on legal action before knowing that....

There is a two year time limit to take any med neg action. No solicitor will or should commence such a case unless he or she has a report from and equally or better Quilifed professional saying there was negligence. There is nothing to stop the other process and taking legal action if same is justified.

Oral Surgeon

ResearchWill wrote: »

There is a two year time limit to take any med neg action. No solicitor will or should commence such a case unless he or she has a report from and equally or better Quilifed professional saying there was negligence. There is nothing to stop the other process and taking legal action if same is justified.

I'm confused, what's your advice??

ResearchWill

Oral Surgeon wrote: »

I'm confused, what's your advice??

Not to mess around with complaints but to seek legal advice first and foremost. If there is no case the person will be advised straight away. But to exhaust the complaint procedure could use up the 2 years and more and the person could find that though they have a very good case they are stopped from bringing it.

Oral Surgeon

ResearchWill wrote: »

Not to mess around with complaints but to seek legal advice first and foremost. If there is no case the person will be advised straight away. But to exhaust the complaint procedure could use up the 2 years and more and the person could find that though they have a very good case they are stopped from bringing it.

The dental association complaint procedure is supposed to be quite quick.. So they say...

I've done lots of legal reports for patients on request of the plaintiffs solicitor, most come to nothing as the original problem or complaint was BS/ a known complication/ a temporary complication/ contributed to by the patients own negligence etc.... All that happens is the patient ends up paying a solicitor and me to find that out.

The other arbitration is free....

btkm8unsl0w5r4

Most solicitors I have dealt with don't have a clue whether there is negligence of not Negligence is more than your dental work going wrong. Generally best to follow oral surgeons advice, as most things can be resolved without resolving to litigation which makes money only for those in the legal profession.

Or you could post the details here and get some impartial advice.

Its two years from the date of discovery of injury, which means you usually have loads of time.

xlaurenx

thanks very much for replies ! that was quick !! yeah ha well it all started back in 2003 !! but is still on going. another really good dentist is fixing the problems that were made. its complicated but in a nut shell a healthy front tooth was removed . bridge fitted by dentist who was rubbish at doing them. dentist sent me handwritten letter last year saying he couldnt get in touch with me but there was a problem with the bridge he fitted (materials etc) the bridges were supposed to be made in co. waterford but unknown to him they were been sent to China and cheap materials used. he offered full refund in letter. the only reason i obtained the hand written letter was because i rang the receptionist and demanded a copy of anything they had on file about me . (receipts etc) they arrived in the post with that letter attached. i have lived in the same home all my life and my home phone number was on file and has not changed. this is the complicated part his co worker fit braces to my teeth that came off in work one day ! instead of repairing them he just removed them i was sitting in the chair in a sweat but to shy to say anything . i cried all the way home !

Oral Surgeon

xlaurenx wrote: »

thanks very much for replies ! that was quick !! yeah ha well it all started back in 2003 !! but is still on going. another really good dentist is fixing the problems that were made. its complicated but in a nut shell a healthy front tooth was removed . bridge fitted by dentist who was rubbish at doing them. dentist sent me handwritten letter last year saying he couldnt get in touch with me but there was a problem with the bridge he fitted (materials etc) the bridges were supposed to be made in co. waterford but unknown to him they were been sent to China and cheap materials used. he offered full refund in letter. the only reason i obtained the hand written letter was because i rang the receptionist and demanded a copy of anything they had on file about me . (receipts etc) they arrived in the post with that letter attached. i have lived in the same home all my life and my home phone number was on file and has not changed. this is the complicated part his co worker fit braces to my teeth that came off in work one day ! instead of repairing them he just removed them i was sitting in the chair in a sweat but to shy to say anything . i cried all the way home !

Regarding the bridge, did the dentists clinic send the work to china or did the lab in Waterford outsource it to china unknown to the dentist...? If so then your case is with the lab...

Need more detail on the braces...

xlaurenx

Well the dentist said it was done without them knowing . but im not so sure. the dental council asked for a meeting with both parties i agreed but the dentist pulled out and cancelled at the last minute.

McCrack

Josue Elegant Mimosa wrote: »

Most solicitors I have dealt with don't have a clue whether there is negligence of not Negligence is more than your dental work going wrong. Generally best to follow oral surgeons advice, as most things can be resolved without resolving to litigation which makes money only for those in the legal profession.

Or you could post the details here and get some impartial advice.

Its two years from the date of discovery of injury, which means you usually have loads of time.

You're correct when you say a solicitor will not know whether the dental surgeons actions were negligent or not when a client first comes into his/her office. As Researchwill has said, an expert report from will be sought usually from the UK and if that expert is of the opinion that the treatment was negligent then the injured person may commence legal proceedings to recover compensation.

To the OP I would suggest you contact a solicitor practising in medical negligence for independent advice.

McCrack

Oral Surgeon wrote: »

The dental association complaint procedure is supposed to be quite quick.. So they say...

I've done lots of legal reports for patients on request of the plaintiffs solicitor, most come to nothing as the original problem or complaint was BS/ a known complication/ a temporary complication/ contributed to by the patients own negligence etc.... All that happens is the patient ends up paying a solicitor and me to find that out.

The other arbitration is free....

What arbitration? A complaint to the Dental Council?

Can the arbitration you refer to order compensation for pain and suffering both past and future to the OP if negligence is found? In fact can the arbitration make any findings of negligence and decide issues of liability against a Dental Surgeon?

btkm8unsl0w5r4

The IDA run an arbitration service to allow dispute resolution without resorting to the courts. No you dont have to go to the UK for a dental report, but even getting a report is a costly experience so the best solution is arbitration if that's an option.

Legal advice is not independant, it tends to take the side of their client and encourage exploration of cases that are total non starters.

McCrack

Josue Elegant Mimosa wrote: »

The IDA run an arbitration service to allow dispute resolution without resorting to the courts. No you dont have to go to the UK for a dental report, but even getting a report is a costly experience so the best solution is arbitration if that's an option.

Legal advice is not independant, it tends to take the side of their client and encourage exploration of cases that are total non starters.

Again I'll ask you; does this arbitration service make findings on liability and order compensation to be paid to the injured patient for pain and suffering past and future and out-of-pocket expenses?

In relation to your second point I can tell you that as a matter of legal practise a solicitor is not going to flog a dead horse so to speak as that would waste everybody's time, in other words if there is no case to answer there is no case to answer. As has been said already, that will be determined on obtaining an expert report usually from a UK expert.

The OP should not be advised or discouraged from exploring this with a medical negligence solicitor.

ResearchWill

Josue Elegant Mimosa wrote: »

The IDA run an arbitration service to allow dispute resolution without resorting to the courts. No you dont have to go to the UK for a dental report, but even getting a report is a costly experience so the best solution is arbitration if that's an option.

Legal advice is not independant, it tends to take the side of their client and encourage exploration of cases that are total non starters.

Bad legal advice is not independant but good legal advice is. It is not in the interest of the client to commence proceedings that can not succeed. As a professional I will set out the risks of any case, and have on occasion advised against legal action.

From the rules of the bar council, "(a) Barristers have a duty to uphold the interests of their client without regard to their own interests or any consequences to themselves or any other person."

Dianthus

McCrack wrote: »

In relation to your second point I can tell you that as a matter of legal practise a solicitor is not going to flog a dead horse so to speak as that would waste everybody's time, in other words if there is no case to answer there is no case to answer. As has been said already, that will be determined on obtaining an expert report usually from a UK expert.
The OP should not be advised or discouraged from exploring this with a medical negligence solicitor.

From the sounds of things, OP seems to have a valid cause for complaint, it's just a matter of how best to resolve the issue to his/her satisfaction.

Out of curiosity, why is the expert report usually from a UK expert as opposed to an Irish one? Do they cost less or are there more people to choose from, or.

ResearchWill

Dianthus wrote: »

From the sounds of things, OP seems to have a valid cause for complaint, it's just a matter of how best to resolve the issue to his/her satisfaction.

Out of curiosity, why is the expert report usually from a UK expert as opposed to an Irish one? Do they cost less or are there more people to choose from, or.

Not sure about dental but usually difficult as medical profession so small difficult to get a report from a professional who does not know the defendant. It usually only a problem the higher up you go.

btkm8unsl0w5r4

McCrack wrote: »

Again I'll ask you; does this arbitration service make findings on liability and order compensation to be paid to the injured patient for pain and suffering past and future and out-of-pocket expenses?
.

They dont make findings but yes they do find solutions that are acceptable to both parties and that can include monetary compensation. Both parties have to want to sort out the matter, but it is the best first line.

McCrack

Josue Elegant Mimosa wrote: »

They dont make findings but yes they do find solutions that are acceptable to both parties and that can include monetary compensation. Both parties have to want to sort out the matter, but it is the best first line.

Seemingly the Irish Dental Association do not in fact offer compensation to a patient injured at the hands of a negligent dentist. What they do offer (with the cooperation of the dentist which of course may not be forthcoming) are a refund of charges and the cost of any remedial work.

http://dentalcomplaints.ie/patient-puttingthingsright.html

I'll answer my own question now and tell you that the appropriate venue to obtain proper compensation and that is compensation for past, present and future pain and suffering together with out-of-pocket expenses is a Court of law (normally the High Court in medical negligence cases) and not some pseudo body dressed up with the patient at heart which is what the Irish Dental Council is.

I mean of course the dental profession would like injured folk to utilise the Dental Association (clue is in the name even; an association of dentists) to resolve sub-standard treatment issues among its members rather than going to a Court where the injured patient will receive proper and full compensation but will of course hit them in their pockets come insurance renewal time not to mention the bad publicity.

Again to xlaurenx I cannot emphasis enough to go speak with a solicitor practising in medical negligence claims for independent advice. It is the only proper route to getting proper compensation (if your dentist's work was negligent).

Dianthus

McCrack wrote: »

I mean of course the dental profession would like injured folk to utilise the Dental Association (clue is in the name even; an association of dentists) to resolve sub-standard treatment issues among its members rather than going to a Court where the injured patient will receive proper and full compensation but will of course hit them in their pockets come insurance renewal time not to mention the bad publicity.

Again to xlaurenx I cannot emphasis enough to go speak with a solicitor practising in medical negligence claims for independent advice. It is the only proper route to getting proper compensation (if your dentist's work was negligent).

With irrefutable evidence of negligence, I would sincerely hope& assume that the DCRS would give any patient identical advice.
The "cover up" conspiracy theory is baseless as problems with teeth/patients don't just go away.
If it's any consolation, members are being hit with increased indemnity premiums. And that's ALL members, paying an identically increased premium, not just the ones who have been sued. So if claims against dentists rise 80% in a year (as they did from 2011-2012), indemnity premiums skyrocket also.
Now I'm not referencing OP here, but can we genuinely be expected to believe that the unprecedented 80% rise in claims against dentists, in one single year, are ALL genuine? Really? Someone somewhere has to sort the wheat from the chaff.

btkm8unsl0w5r4

McCrack wrote: »

refund of charges and the cost of any remedial work.

Thats all you will get in court too, These are teeth, there are no pain and suffering payments. Stop thinking this is medical negligence, nobody died, its teeth.

McCrack wrote: »

not some pseudo body dressed up with the patient at heart which is what the Irish Dental Council is.

You seem confused as to the difference between the IDA who runs the DCRS and the Dental council which is a registration body. Its also funny that the legal profession are so altruastic towards their clients, but the dental profession are not. I suppose it shows your mindset towards the dental profession.

McCrack wrote: »

but will of course hit them in their pockets come insurance renewal time .

Woops....there goes your credibility on this topic.

McCrack wrote: »

It is the only proper route to getting proper compensation (if your dentist's work was negligent).

No, cause to know if its negligent you will have to spend a load of cash on solicitors bills and legal reports. The DCRS can help you for FREE in most cases, and if not you will have a much better idea of the strength of your claim. This doesnt refer to the OP BTW, I have already PM'ed them with specific advice.

McCrack

Fitzgeme I am somewhat surprised now at your responses despite what I and others have already said. I'll go through it again.

Just to be clear the arbitration forum you seem to be advocating namely the Irish Dental Association which runs the Dental Complaints Resolution Service (DCRS):

1. Depends on the co-operation of the dentist

2. It cannot make findings of liability (fault)

3. Can only recommend in instances of mal-practice that the dentist refund any charges the patient has paid to date and the cost of any remedial work

4. Cannot enforce it's recommendations upon the dentist

5. It's overreaching body is the Irish Dental Association which of course is like a trade union for dentists. Neutral and independent? I don't think so.

A Court however can award what are called General and Special Damages which of course the and I have already said this the DCRS can't. Court awards are also enforceable (unlike any recommendations the DCRS may make) and in professional negligence claims such as claims against dentists they will be paid by an insurance company. Courts can also of course make findings on liability. Nobody has to die to bring a medical negligence claim as you suggest and yes dental services when done wrong on a patient causing harm fall under the umbrella of medical negligence.

Finally you say to find out if the dental treatment is negligent a person will have to spend "a load of cash on solicitors bills and legal reports."

The reality is in fact a person will need to obtain ONE (initially at the outset) expert report to determine whether the treatment received was negligent. Anybody who wants to explore the possibility of medical negligence will find most solicitors will not in fact charge for the initial query and exploration. The client will need to pay for the expert report but that is all.

If the OP wishes to PM me I can certainly recommend a medical negligence solicitor that will explore her case on the above basis.

btkm8unsl0w5r4

Long reply done there, decided there is no point. Lawyers will recommend you engage lawyers as soon as possible. Infact if you have teeth your should put one on retainer now incase you have to sue somebody in a hurry later in life.

ResearchWill

Josue Elegant Mimosa wrote: »

Long reply done there, decided there is no point. Lawyers will recommend you engage lawyers as soon as possible. Infact if you have teeth your should put one on retainer now incase you have to sue somebody in a hurry later in life.

Stop the presses headline, lawyers will advise a person gets a lawyer to a person with a possible legal problem and a dentist will advise to get a dentist for a person with a dental problem.

To be clear any good lawyer will and should exhaust any speedy resolution for their client. But any person not engaging with a lawyer straight away must and should be aware of limitation periods.