Root filling gone wrong

[nic3c]

My dentist recently did my root filling but an instrument snapped and got stuck in the root of my tooth. He said he can't get it out and only a specialist can which will cost me �650. If i leave it in he said it would get infected and my tooth would need pulling out. My dentist is refusing to give me my money back or pay towards the treatment i need to correct it. Has this happened to anyone else? What can i do? Thanks.

[Velvetee]

For your own health, you should have it sorted out. You should probably see another dentist and get a written quote as to what has happened and then write to the dentist who caused the problem asking for a refund, explaining that you feel the situation was caused by the dentist.

You might not get anywhere and may have to make a financial claim through the small claims court. I found online a no win, no fee company, who deal with Dental negligence.

http://www.dentallaw.co.uk/

[Panic Button]

Perhaps ask the Citizens Advice Bureau

[terambulan]

Have the work done by another dentist....pay, keep the bill and sue original dentist for costs and compensation.

[gossipgirl]

oh poor you, i bet your in agony? i agree i would make a claim against the dentist. the question is do you have the �650 to pay for it in the meantime? if not you may be better off just having the tooth out, but i would still sue the dentist for negligence. good luck i hope you get it sorted.

[bednobs]

is it an NHS dentist (the original one)?

[nic3c]

Thanks everyone.

Thanks for the idea velvetee. I phoned them but i can't sue the dentist because he told me what he'd done (if he hadn't told me it would be negligence). So i have to pay for the new treatment myself and there's nothing i can do to get any money from my dentist. I won't be going back to him for any more root fillings!

No bednobs, he's not NHS.

[luxury]

Hi nic3c,

If that was me? I would have the work done, then refuse to pay him. His negligence shouldn't cost you.

I really would seek some more legal advice on this one.

L.

[beso]

I would make sure as many people as possible know what the original dentist did. One of those current affairs shows might be the go. They will probably pay enough for your story to fix the problem.

[FoxLee2]

luxury - read the original post - the dentist says that he can't retrieve the broken instrument,nic3c has to go to a specialist so it's not a case of the original dentist doing the work and not being paid and it wouldn't be fair to go to a specialist and not pay him.

What about going to the local paper with your story. I imagine they would contact the dentist for confirmation and rather than have his name in the paper, he might at least agree to return the money you paid him for the incompetent root treatment.

Or is there a 'body' that oversees dentists like the medical council for doctors? They might have some advice or have some sway over the dentist to return your money or make him liable for further treatment.

[another-view]

You should sue him for your costs. That's like me coming in to your house and smahing your windows then saying it will cost you �xxx to fix!!

You wouldn't have had to pay a bean if it wasn't for his shoddy work. Tell the papers too.

[DEN53]

I would get that tooth fixed asap - I know it might sound silly, but get a photo of the damaged tooth - perhaps when the new dentist has taken the piece of instrument out - also photograph that - photos always help in a court case - and I would definately take him to court.

Or, expose him to your Local Paper - nobody likes bad publicity.

[luxury]

sorry Nic3,

I'd still get the original dentist to foot the 'fixing teams' bill.

L.

[luxury]

nic3,

This is the Health Service Ombudsman site, it says it doesn't deal with private health care providers but it does give llinks to people who may be able to help.

http://www.ombudsman.org.uk/can_the_ombudsman_ help_you/pathway/nhs0ph.html

[R1Geezer]

The fact he told you is irrelevant, If I crash into your car and then tell you afterwards does that mean you can't sue?
Get the admission of what he did in writing then get it fixed then send his practice a bill, if they don't pay file a claim in the small claims court. It won't actually come to that of course because they'll then pay up knowing they haveno defence. Tada, the wisdom of the Geezer is strong today..

[kira000]

Try and find out if your dentist practice is a member of the BDA (British Dental Association) Good Practice scheme. If they are, then you can complain to the BDA if you have a problem.

There is a link here to find dentist practices in the scheme:

http://www.bdasmile.org/smile/about/index.cfm? contentid=1445

Or you can contact this lot if you have a complaint about a private dentist:

If you have a complaint about private dental services, you should contact the Dental Complaints Service.

This is a service funded by the General Dental Council, which sets out standards of conduct and regulates all dental professionals in the UK.

You can call the Dental Complaints Service on 08456 120540

[R1Geezer]

don't waste time complaining it won't get your dosh back, just get it sorted and reclaim the dosh asI specified above.

[MORELLO]

Drag him into the area of CONSENT and watch him pay up. Tell him you've taken legal advice and that if he didn't fully explain the procedure, risks and possible outcomes followed by written/signed consent by you PRIOR to doing said work, he would be better paying to have thing put right. I'm a Podiatrist and believe me, consent cannot be assumed when giving treatment. Lawyers love it as it's easy money. Don't give up - dentists earn a fortune off such treatments like you've had. Good luck

[nic3c]

Thanks all but i've been told there's nothing i can do. It's apparently 'one of those things' that can happen and it was the instrument at fault that broke and not the dentist's fault. Apparently it's quite common. I won't be going back to him nevertheless.

[kira000]

Can i ask, who it was who told you it was "One of those things" and not the dentists responsibility?

If it was the dentist i would take it with a large pinch of salt. Thats like a surgeon saying he would leave a bit of equipment in you if it fell off in there, and you would have to sort it out!!

Doesnt sound right eh!?

Even if it wasnt the dentists fault, there is still a duty of care issue, and i cant believe just leaving it in there is correct.

I would have imagined that the practice must have insurance cover such incidents.

So, it worth contacting the BDA for advice, unless of course you already have and they told you to leave it. In which case my apologies.

[R1Geezer]

Please please please do what I said above. If a mechanic drops a spanner into your engine, then they have to sort it same thing. It's not "just one of those things" Who told you that?

Stand on me get the tooth sorted elsewhere, bill them then enforce with the small claims, very simple it's done all the time.