Are there any dentists on PH? - need some legal advice!
Are there any dentists on PH? - need some legal advice!
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Marcellus

Original Poster:

7,204 posts

248 months

Friday 23rd August 2013
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Don't really want to go into too much detail in public but I do need some advice from a dentist as I think I'm being shafted by mine.

But before I launch into full battle mode would like to check that I am (or not as the case may be)

Tia

numtumfutunch

5,172 posts

167 months

Friday 23rd August 2013
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Implant related?

Marcellus

Original Poster:

7,204 posts

248 months

Friday 23rd August 2013
quotequote all
Nope, root work and referral.

numtumfutunch

5,172 posts

167 months

Friday 23rd August 2013
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If its any help I was just referred to the "root canal specialist" for treatment
He showed me the xray which did indeed show twisty tortuous roots looking like a challenge to fill

My NHS dentist said hed have a bash on the nash with a 50:50 chance of success or send me to the private dude who'd do it with a microscope for 600 quid with a 90% success rate

Getting warmer??

Marcellus

Original Poster:

7,204 posts

248 months

Saturday 24th August 2013
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numtumfutunch said:
If its any help I was just referred to the "root canal specialist" for treatment
He showed me the xray which did indeed show twisty tortuous roots looking like a challenge to fill

My NHS dentist said hed have a bash on the nash with a 50:50 chance of success or send me to the private dude who'd do it with a microscope for 600 quid with a 90% success rate

Getting warmer??
yes, but the 1st guy said he would charge me £250 for the root canal work without any disclaimers of 50:50 and started, after 3 bashes said... I can't do it and referred me to another who now wants an additional £600... surely contract is between me and 1st dentist I pay £250 for the work to be done as per contract... if he needs help then his cost not mine?

numtumfutunch

5,172 posts

167 months

Saturday 24th August 2013
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Difficult, Im not a dentist but do have a limited understanding

In my case the job was obviously going to be difficult, I could see that myself, so a referral to an endo specialist seemed clear cut

Your problem is that he only made the decision when he'd started the job and now wants his own fee leaving you to shell out for the endo referral too

If your canals were clearly going to be difficult then Id suggest he was out of his depth and shouldnt have started
There are real dentists on here who will confirm, or not, but AFAIK root treatment is becoming the preserve of the specialist, not all regular dentists will touch it
On the other hand if xrays suggested it would be appropriate for his skill set but he only realised the anatomy was difficult after starting then I can see how he would want his fee for this

Your xray would help
£250 suggests you are a private patient therefore getting a copy of it should be a formality

My gut feeling is just to write off the £250, move on, draw a line under it and find a new dentist


Marcellus

Original Poster:

7,204 posts

248 months

Saturday 24th August 2013
quotequote all
mmmm would be interested to hear someone within the profession view on this..

If I were a builder a quoted you £250k to build an extension and once I'd dug the foundations and built the walls decide the job was too much for me would I be due the full £250k plus would you feel as happy about paying someone else and additional £600k to complete the job?

To my mind it's a simple case of Breach of Contract!

The Dentist said I needed a root canal filling.
The Dentist said he would/could do it for a fee.
I paid the fee.
The Dentist hasn't completed his part of the contract.

Is there an ombudsman who I can refer to?


TheWeasel

8,824 posts

245 months

Saturday 24th August 2013
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Your first call is to complain to the practice.
Sounds like he had really tried to make it successful.

What the practice does to deal with your complaint will determine the next step. If you're not happy you can take it further and depending if you're NHS or private may make a difference,
Speak to your dentist first, he'll probably be horrified if he knew you were planning to take it to the GDC before he has a chance to rectify your concerns.

MarsellusWallace

1,180 posts

230 months

Saturday 24th August 2013
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Reading stuff like this makes me glad I have a great dentist,and dread him retiring in a few years.

I had terrible tooth pain whilst away a few weeks ago,he saw me immediately on my return and performed root canal removal on the affected tooth-no easy task as there were 3 twisted roots and a lot of inflammation(v.difficult to anaesthetise when like this).Leaving his surgery I felt dazed and sore but the next day things were pretty much back to normal and he did a great job.

I would not have been happy if I would have been in the same situation as the OP.

MacGee

2,513 posts

259 months

Saturday 24th August 2013
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Did you willingly accept the 50.50 chance at £250 and not ho straight to specialist. You took a gamble to save money and it didnt work. You weren't misled. Not same league as the building analogy. ..by 1000 times. Your dentist guided you and so just move on. Nothing is 100%. You may be unlucky and waste 600 notes if you are the 10% failure group.

Mojooo

13,291 posts

209 months

Saturday 24th August 2013
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MacGee said:
Did you willingly accept the 50.50 chance at £250 and not ho straight to specialist. You took a gamble to save money and it didnt work. You weren't misled. Not same league as the building analogy. ..by 1000 times. Your dentist guided you and so just move on. Nothing is 100%. You may be unlucky and waste 600 notes if you are the 10% failure group.
"the 1st guy said he would charge me £250 for the root canal work without any disclaimers of 50:50 and started"

I doubt any dentist in their right mind woudl admit they couldn't do a root canal and try anyway

its straight suppyl of goods and services act 1982 - the question is did he do the work with reasonable care and skill - if he really thought he wasn't competent then he should have told you to go to ane xpert - my dientist did just this when i had to have a wisom tooth out and there was a awkward nerve (though rather than charge me he sent me to an NSH dentist)

Marcellus

Original Poster:

7,204 posts

248 months

Sunday 25th August 2013
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MacGee said:
Did you willingly accept the 50.50 chance at £250 and not ho straight to specialist.
No, I was not advised that there was any chance that my Dentist would not be able to perform the procedure.

MacGee said:
You took a gamble to save money and it didnt work. You weren't misled. Not same league as the building analogy. ..by 1000 times. Your dentist guided you and so just move on. Nothing is 100%. You may be unlucky and waste 600 notes if you are the 10% failure group.
As I was not aware that I there was any chance of failure how could I have taken the gamble, therefore I do feel the I was mislead.

Marcellus

Original Poster:

7,204 posts

248 months

Sunday 25th August 2013
quotequote all
Mojooo said:
"the 1st guy said he would charge me £250 for the root canal work without any disclaimers of 50:50 and started"

I doubt any dentist in their right mind woudl admit they couldn't do a root canal and try anyway

its straight suppyl of goods and services act 1982 - the question is did he do the work with reasonable care and skill - if he really thought he wasn't competent then he should have told you to go to ane xpert - my dientist did just this when i had to have a wisom tooth out and there was a awkward nerve (though rather than charge me he sent me to an NSH dentist)
This is we're my thoughts lie that it is a straight SOGA, whether he worked with reasonable care and skill is not relevant is it...... The contract is for me to have a root canal done in exchange for payment, I've paid and not had the rot canal work done because the vendor hasn't got the tools. Prior to making the offer he had X-rays of the tooth so knew what he was offer ring to do and where but apparently hasnt got a drill big enough.

TheWeasel

8,824 posts

245 months

Sunday 25th August 2013
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If only healthcare were as easy as buying a piece of equipment.

EdJ

1,388 posts

224 months

Sunday 25th August 2013
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I've had root canal work that wasn't successful. It also meant a trip to a specialist, which wasn't cheap. However, I've since established that root canal treatment is one of those things that is difficult to fix, and I'd be very surprised if you got anywhere with legal action.

numtumfutunch

5,172 posts

167 months

Sunday 25th August 2013
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If you wish to take it further you need a second opinion on the xray

One would like to think it appeared a routine endo job within his competence as I previously mentioned

Something I've always found incongruous with dentists is their attitude to consent

If you see a doctor or even vet the proposed treatment plan is explained in detail including all likely complications

I suspect a medicolegal lawyer would have a field day with your case no matter what as you did not give written consent nor have the op explained in detail


Best of luck

Edited by numtumfutunch on Sunday 25th August 11:46

crackthatoff

3,314 posts

242 months

Tuesday 27th August 2013
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imo he offered a service for 250 notes ... did not provide service... refund !!!!!!
How can it not be as clear cut as that?

Cheib

25,360 posts

204 months

Tuesday 27th August 2013
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I had to have an extraction done about a year ago which didn't go as easily as my dentist expected. Half way through he said he couldn't go any further as the intention was to replace with an implant and a specialist drill was needed. He sent me to the Implantologist to finish the extraction and didn't charge me because he wasn't able to complete the work......

bigweb

833 posts

257 months

Tuesday 27th August 2013
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Give the Dental law partnership a call on 01270 897546 they gave me some great advice on who to complain to etc before needing to go Legal. Which I didnt want to do.