Legal action...

[John]

I had my wisdom teeth out by a private maxillo-facial surgeon back in 2002.

The root of one of the teeth in front was cracked and subsequently the broken root was removed and I had endodonistry to resolve.

However, I understand there might now be a cyst at the end of one of the original roots.

It doesn't give me a problem but it may do in future.

I am considering pursuing legal action against the afore-mentioned professional due to the future costs I might incur resolving this.

Is there any time limit and other considerations when taking this on?

 

[Deleted member 6183]

Dunno if 6 year statute of limitations applies, suspect not.

Sorry, not the greatest help.

 

[Deleted member 6183]

Dunno ?.............

 

[abecketts]

6 years in civil actions I think but your house insurance probably has free legal help and they might give you the answer you are searching for.

 

[PXW]

To me, it doesn't sound like your case is clear...you want to have the option to sue in future if something goes wrong, or you want to sue now on the basis that something might go wrong? I suspect your legal advice would be very different in those two scenarios - though the statute of limitations may have an effect on your decision.

Either way, it's easy to see argument and counter argument here. Medical negligence claims, from reports you see in the press, is expensive and time consuming. I know of cases of "clear" negligence with unarguable damage (child left brain damaged, for instance) where the other side held out for ten years or more. When we ourselves were the victims of negligence, resulting in the death of a baby, we decided not to sue on the basis that it was ultimately better for us to move on with our lives. We always have a choice...

So, if you are contemplating action for medical negligence, you must be prepared for a long and expensive process with I suspect little certainty of outcome. If you are prepared to contemplate that, then the obvious first step is to lay out the cash for a proper conversation with a specialist lawyer (look one up on the Law Society website); it might cost you £££, but it could end up saving you much more.

 

[GP801]

I think there are basically two things that need to be looked at. Firstly was the treatment negligent? Things often go wrong but it does not necessarily mean the treatment was negligent. Secondly if it was negligent did you suffer harm as a result of it. If the answer to either of these is no then its a nonstarter.

 

[Rob77]

3 years timescale for personal injury claims. Runs from either from the date of the injury or from the date of knowledge (whichever is latest).

Alternatively, if your claim is under a contact with the dentist then it would be 6 years or 12 if the contract was a deed.

Having said that, you need to have suffered some loss and yet you say it doesn't give you a problem.

If you want to do anything about this you should get proper legal advice asap. If you have cover as part of some insurance then go there, otherwise try one of the no-win-no-fee outfits.

 

[John]

Thanks all.

Although the cyst does not give me a problem, in itself it is a problem as a result of the procedure which my dentist suspects will need resolving at some stage (annual xrays are monitoring changes).

I suppose I liken it to you having your car in for a service and they damage the car in the process. Would you expect to pay to fix the damage they caused...

 

[whitenemesis]

...........................

I suppose I liken it to you having your car in for a service and they damage the car in the process. Would you expect to pay to fix the damage they caused...

I wouldn't have waited 12yrs to raise the matter though....

 

[Merc Owner 2B]

Medical procedures often carry risks and are not as straightforward as a mechanical repair where a faulty part is swapped for a new one.

My view would be to invest my money in the best medical help from a leading expert to eradicate the problem.

best of luck in whatever you decide

 

[BillyCR]

I had my wisdom teeth out by a private maxillo-facial surgeon back in 2002.

The root of one of the teeth in front was cracked and subsequently the broken root was removed and I had endodonistry to resolve.

However, I understand there might now be a cyst at the end of one of the original roots.

It doesn't give me a problem but it may do in future.

I am considering pursuing legal action against the afore-mentioned professional due to the future costs I might incur resolving this.

Is there any time limit and other considerations when taking this on?

1st port would be to raise it with Dental Complaints Service and take from there. you will waste money trying to do it any other way.

Home

 

[Rob77]

1st port would be to raise it with Dental Complaints Service and take from there. you will waste money trying to do it any other way.

Home

Only if your objective is to try to have the dentist struck off surely?

If you are after compensation then see my earlier post.

As for any claim, you would be likely to require to prove that the dentist was negligent and, in order to do so, would need to employ another dentist to produce an expert witness report stating that he was negligent and that your losses (whatever those might be) were suffered as a direct result.

As someone else said, just because something went wrong doesn't mean he was negligent.

However, you are probably out of time so take legal advice not forum advice.

 

[John]

I am not interested in getting the guy struck off (he is a maxillo-facial surgeon, not a dentist btw).

Purely to meet the loses I will ultimately incur.

I wouldn't have waited 12yrs to raise the matter though....

You would if there was no issue in the intervening time until it was recently spotted.

In all the time since it has been fine up until the cyst was noticed. Now it's going to cost me to resolve it, I don't see why I should be out of pocket resolving given it wasn't of my doing...

I'm afraid I'm not part of the 'where there is blame there is a claim' club.

Thanks again all.

 

[whitenemesis]

After 12yrs you'd be hard pushed to prove it though.

Doesn't one have to actually suffer a loss before claiming compensation?

 

[Rob77]

Have you thought about asking him to put matters right at no charge to you then?

 

[John]

I haven't considered contacting the guy - probably because of how long ago it was.

That's certainly worth pursuing...

 

[BillyCR]

Only if your objective is to try to have the dentist struck off surely?

If you are after compensation then see my earlier post.

As for any claim, you would be likely to require to prove that the dentist was negligent and, in order to do so, would need to employ another dentist to produce an expert witness report stating that he was negligent and that your losses (whatever those might be) were suffered as a direct result.

As someone else said, just because something went wrong doesn't mean he was negligent.

However, you are probably out of time so take legal advice not forum advice.

No they can review all the files and make matters right and further reports and investigations if required, without wasting money on legal fees, its not about getting anyone struck off, but looking at the facts and making a judgment based on the evidence to date.

 

[mat8n]

Purely to meet the loses I will ultimately incur.




I'm afraid I'm not part of the 'where there is blame there is a claim' club.

.

you are blaming the surgeon for the costs you are going to incur.

you'll be claiming for your costs.


you are part of the 'where there is blame there is a claim' club.

just saying

 

[Howard]

In your first post you want to claim for costs you *might* incur ....

Now you want to claim for costs you *will* incur .... Which one is it ?

Now , I'm sure you aren't , but two different stories over two different days seems a little bit like trying it on.

Make sure you tell the right one to the solicitor who takes this on

 

[Kris-H]

As has been said above there is a huge difference between might incur and will incur. Speculative or "just in case" claims are not allowed or tolerated by the courts..

In simple terms , If you are able to provide evidence that you "will" incur costs and will have to have rectification work done at cost to yourself at some future point then you have a claim.

You will need to prove what these costs will be, and understand that the court may reduce them based on the likely hood of you needing further dental treatment in the area in the future in any event.

the way to do this is through expert evidence, but you;ll need to go through the process of obtaining this up front and paying for it yourself. If your claim is successful then these costs can be recovered.

Of course if your expert doesnt support your view then you'll also be out of pocket for his fee

If you don't have evidence that you will suffer a loss and will need treatment in the future then I'm afraid that your claim is unlikely to succeed.

Statute of limitation on injury case is 3 years from the date of event or the date when you first became aware of the issue.

As you have highlighted the issue then certainly the clock is running from now and possibly started earlier when you first became aware of the potential problem.

If you feel you have a claim then I'd recommend seeing a qualified solicitor for formal legal advice ... remember any informal advice from the internet is worth exactly what you paid for it