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A winning smile

18 February 2022

Avoid costly settlements in the future by keeping adequate records now...

An 11-year-old boy had been visiting a general practitioner regularly since the age of two. His parents were often abroad and he was usually brought to the practice by his nanny and the chauffeur, although his parents were available to discuss his treatment if needed, by telephone. The dentist suggested that an orthodontic review should be undertaken to determine the options for treating a missing lateral incisor and made a referral for an opinion.

The boy was at a boarding school noted for its sporting prowess and was not seen again by the dentist for two years. The patient had not attended the orthodontist and this was reinforced to his parents at his next appointment. The next time the patient attended he was 15 and came alone. He said he did not mind his irregular teeth and did not want orthodontic treatment.

Unhappy with appearance

By the time he reached university, his ability at tennis started to attract media attention. He was now 19 and extremely conscious of his appearance and sought an opinion from an orthodontist recommended by his mother.

‘This should have been treated much earlier’ was the phrase quoted by the parents’ lawyers in a claim against the first practitioner for the cost of the treatment that was now proposed, along with a claim for lost earnings from an advertising contract the tennis star had been offered. 

No record of the original referral had been made nor of the warning about the need for treatment given to his parents when he was 15. A discretionary settlement was made out-of-court.

Learning points

It is important to keep a record of all conversations with patients or those in charge of them.

These case studies are based on real events and provided here as guidance. They do not constitute legal advice but are published to help members better understand how they might deal with certain situations. This is just one of the many benefits Dental Protection members enjoy as part of their subscription. 
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