Clear reports & advice for patients and their Solicitors

Medico Legal issues may arise as a consequence of traumatic injuries or as a result of a patient’s concern with the quality of their dental care and treatment.

Accidental Dental Injuries

If a patient is involved in a road traffic accident and sustains injuries to their teeth, the Solicitor representing the Insurance Company of the injured party may pursue damages for the costs of the treatment. This civil claim will be directed towards the insurers of the parties to blame for the accident. In due course, the Solicitors will issue instructions to a Dental Expert Witness to examine their client to assess the extent of any dental injuries sustained and to attribute costs for putting things right. A number of Health Authorities are now contacting insurance companies directing to seek payment for the costs of medical/surgical care as a result of those injuries.

Equally, any injury that should occur to someone’s teeth while at work or following a fall may involve the owners of the site; an employer, or the local council if the injury should occur on public land. Sports injuries at school will invariably lead to an admission of liability if the school has failed to ensure that a child has not worn a mouth guard. The civil action is directed to the indemnity insurers representing the parties concerned.

The dental records of the injured party are forwarded to the Dental Expert Witness to determine the state of the teeth before the incident and the cost of treatment (known as Quantum Damage). A report is provided to all parties concerned and is used to determine the final outcome.

Dental Negligence

As a society, the public have become increasingly litigious when things go wrong and wish to apportion blame. Dentistry is a form of bioengineering with the management of bacterial invasion and subsequent restoration and/or replacement of teeth. Biological systems can be unpredictable and the outcome disappointing. Most cases of negligence can be a result of poor management of a patients’ expectations rather than the treatment itself.

If a patient is dissatisfied with the treatment outcome they may consider consulting a Solicitor to pursue a dental negligence action. The Solicitors acting on behalf of the client will instruct a Dental Expert Witness to review the clinical records of the treatment provided to the patient. Notes are provided on the quality of care provided and examination of the patient is carried out to assess the current condition and prognosis for future treatment requirements plus provide a summary of the costs of treatment to correct any outstanding dental problems.

There has been considerable increase in civil actions against clinicians in the last 10 years with greater sums awarded for compensation in view of the increased costs of complex dental treatment. The NHS paid out over £800 million last year alone for clinical negligence claims.

Second Opinions

Patients may wish to have a second opinion with respect to any dental problem. A patient can contact a Specialist Dental Practitioner for a consultation. The patient may just want advice before proceeding with treatment or may elect to have the treatment carried out by the Specialist. If the patient wishes to be seen by a Hospital Consultant, a letter of referral is required from the general dental practitioner. Understandably, the public hospitals have to prioritise those patients with major dental problems involving head and neck cancer, cleft palate and lip deformities and major hard & soft tissue loss associated with gun shot injuries. Delays for consultation are inevitable in view that the Bristol Hospitals have only two full time consultants in Restorative Dentistry for the whole region. Direct access to a Specialist in Restorative Dentistry can save the patient considerable time.

The General Dental Council assists the public in identifying Accredited Specialists by visiting the GDC website and searching for all registered specialists in the local area. You can also search for an Expert Witness on the Legal Hub website.