NHS dentist did filling wrong

**lynzfa** · 11th November 2006 20:52

my dentist went private and i got put on a list for a new nhs dentist.when i got a new one i went for a check up and the week after my filling came out and i lost half of my tooth.i went back and got a new filling which took four injections before she could do it coz i could feel it everytime.after that i had toothache everyday for 3 week.i was in so much pain i rang my old dentist and she agreed to see me.When she looked she said she would have to remove the filling.When she did she said the nhs dentist had not removed the decay and the nerves were inflamed which is why i was in so much pain.As a result of the nhs dentists mistake i had to pay 42 pound to get it fixed.Can i claim this back from the nhs or not.i have now gone back to my old dentist as im too scared to go back to the nhs one

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**chesham** · 11th November 2006 23:09

Ouch! Dental problems are painful, and this one has been as well as financially!

You would need to obtain some evidence first of all which clearly shows that the first dentist did not do what they were meant to.

Once you have this, write to the dentist concerned with all the facts and evidence against them, and state you are happy for this to be the end of the matter if you are reimbursed in full for the problems which you have had to rectify due to the incorrect treatment you received. If you're cheeky, you can also claim for some damages.

A couple of letters may fly to and from; however, clear evidence speak much louder than words, and I shouldn't imagine that you would have too many problems getting your money back.

Be warned - taking this to court (if it ever got that far) may be costly, due to the expert witnesses which would need to be drafted in to help your case, as the judge would have no idea what the work consisted of and would need some unbiased information.

If you have no joy with the dentist, try the practice manager and get the practice's final stand on the matter. Then you could refer it to the General Dental Council for further investigation - however, I would consult a medical negligence solicitor beforehand, as they may be able to resolve the matter more informally.

Hope this helps - if so, please click my scales.

**lynzfa** · 12th November 2006 14:34

thanks for that.My dentist said she would write a letter to confirm that my tooth hadnt been done properly and she also has the xrays she took of my tooth.so hopefully when i have wrote to them i will be reimbursed.Do i tell them i will be considering legal action if i am not reimbursed or do i just write and ask them for it without mentioning legal action

**HONESTKNOB** · 12th November 2006 16:01

Same thing just happened to me mate. I had a big filling done. 2 weeks later was in agony. Had to go and see a different dentist who said the root was rotten and needed a root filling which the first dentist never mentioned. Cost me a further £95 on top of the original filling. To make things worse I got an infection which put me in more agony for a week, face swelled up, couldn't eat anything and I ended up on antibiotics!!

**chesham** · 13th November 2006 00:42

I would write to them first without legal action, and if the refuse, then add in the legal action - don't put all your eggs in one basket!

**thecornflake** · 15th November 2006 17:38

As some additional information fillings are guaranteed for a minimum of one year.

I didn'tknow this until my wife went back to our dentist with a broken filling 11 months after it had been done and he repaired it all free of charge because of the guarantee.

Hopefully this should make it easier for you to claim.

**bridle** · 21st November 2006 22:42

Hi

First off ask the NHS dentist for a refund if they then refuse to the refund get in touch with the complaints department of your local Primary Care Trust as they are the ones who have the responsability and you should hopefully get your money back.

**CrispDust** · 24th November 2006 01:10

Start off letters simple and polite, explaining the problems, details, facts and what you expect as a resolution.
Let us know the response.
Escalate from there onwards after reply.
Persistance will pay. Don't threaten legal action immediately.
If the response is stubborn, you may well receive a letter "drafted" by the denitst's legal indeminty/defence organistion. Its tone will be placatory but resistant. However in most cases the defence society will often advise/insist dentists to settle rather than legal action, which gets very expensive.
Try the Primary Care trust but don't expect too much from them. They are generally incompetant at everything.

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