There can sometimes be a perception that dental claims are settled too quickly, without fully exploring whether they could be defended. For dentists, this can raise understandable concerns about professional reputation, fairness, and long-term impact.
This case study highlights why each claim deserves careful scrutiny. It shows how, with the right evidence and a thorough review, it is possible to challenge allegations and achieve a positive outcome.
Case Study
A claim for negligence was raised against Dr M relating to treatment provided to Patient B over a number of years, whilst they were a child. It was alleged that Dr M had failed to diagnose caries affecting the upper right first molar resulting in the need for an implant, due to having had the tooth recently extracted.
When the patient was 20, a claim was made seeking damages of £15,500 for the initial treatment costs, long-term maintenance and future cycles of treatment. The patient’s solicitors indicated they were keen to achieve early settlement.
Dental Protection, on behalf of Dr M, reviewed all available evidence and took the time to fully assess the case.
Key factors identified in relation to successfully defending the claim included:
- Repeated documentation in the clinical notes by Dr M highlighting poor oral hygiene and diet
- Documented advice provided by Dr M to both Patient B and their parents over many years about the importance of good oral hygiene and diet
- A clear lack of engagement from the patient and their parents, despite this advice
- Parental responsibility for supporting good oral health and diet
In this case, the Dental Protection solicitor and dentist reviewing the case formed a strong view that the primary cause of the caries was both Patient B and their parent’s long-term lack of engagement with oral health and dietary advice and not a failure by Dr M.
With Dr M fully informed, and with Dr M’s agreement, the solicitor issued a letter of response setting out Dr M’s position defending the claim.
A robust defence was possible due to evidence within the clinical records that documented concerns around oral hygiene, poor diet and a lack of compliance with preventative advice provided by Dr M.
Following the submission of the letter of response, the claimant’s solicitors confirmed they were no longer instructed to pursue the case. The claim was discontinued, and no damages or legal costs were incurred.
Despite the treatment in question having taken place nearly many years earlier, Dental Protection was able to successfully defend the case and protect Dr M’s position.
Summary
This case highlights Dental Protection’s commitment to defending claims where there is a strong case to do so.
Dental Protection takes a member-first approach, carefully balancing financial, reputational and well-being considerations when deciding how best to proceed. Every case is assessed on its individual merits, and where a robust defence is appropriate, Dental Protection will pursue it.
Dental Protection members are fully informed at every stage of the claims process, including being given a clear explanation of the risks and options available. Dental Protection work in partnership with members, ensuring involvement in all key decisions.
Key Learning Points
- Good record keeping is crucial in supporting a successful defence
- Ensure records are clear, accurate, contemporaneous and up to date
- Document advice given to patients, particularly around prevention
- Record concerns about patient compliance where relevant
- Dental Protection takes a member first approach in claims management
Dental Protection members have access to a wide range of verifiable CPD resources including record-keeping courses on our
Learning Hub.