A claim against a UK dentist for substandard treatment can be made under both the Consumer Rights Act 2015 and the law of negligence.
Under the Consumer Rights Act 2015, if a dentist has failed to fulfill his/her contractual obligations to a patient, such as providing dental services that are of satisfactory quality, fit for purpose, or as described, the patient may be able to bring a claim for breach of contract. In this case, the patient may be entitled to remedies such as repair or replacement of the dental services, or a reduction in the price paid for the treatment.
Alternatively, if a dentist has failed to exercise reasonable care in providing dental treatment, resulting in harm to the patient, the patient may be able to bring a claim in negligence. In this case, the patient may be entitled to compensation for any losses suffered as a result of the harm caused by the dentist’s substandard treatment.
In the context of a claim against a UK dentist for substandard treatment, the relevant parts of the Consumer Rights Act 2015 that may apply include:
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Section 9 : This section requires that goods (including services) must be of satisfactory quality.
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Section 10: This section specifies that goods (including services) must be fit for their intended purpose.
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Section 11: This section states that goods (including services) must be as described.
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Section 49: This section states that Services provided are to include a term that the trader must perform the service with reasonable care and skill
If a dentist has failed to meet these standards in providing dental treatment, the patient may be able to bring a claim for breach of contract under the Consumer Rights Act 2015.
In a claim for breach of the Consumer Rights Act 2015 in the UK, the claimant does not need to prove a breach of duty of care. The Consumer Rights Act provides specific statutory rights to consumers in their dealings with traders, and a breach of these rights does not require a showing of a breach of a duty of care.
However, the claimant must prove that the breach of the rights under the Consumer Rights Act caused the harm they are seeking to recover for. In other words, the claimant must show a causal link between the breach of the rights under the Consumer Rights Act and the harm they suffered. This is known as causation.
So, while the Consumer Rights Act provides a separate legal basis for a claim against a trader, the claimant must still show that the breach of the rights under the Act caused the harm they suffered.
Contact Alex Bodza for more information on the dental claims process
Good day. I recently had four implants. One failed not long after being placed and a month after they became lose. The dentist said a screw had broken. And she had gotten the broken screw out. Two months later the bridge was lose again. I called the service and they said my dentist was on maternity leave.
I called again because I had been in pain for weeks and unable to eat and asked to see another dentist in an emergency. When I arrived the dentist told me that one implant had failed and there was a broken screw in two implants. After a follow up scan. I was informed that three implants were incorrectly placed and I would need a new treatment plan.
I have complained to the surgery who have informed me that my complaint would need to be sent to the dentist as they are self employed. I do not know what I can do from here and am looking for some advice please.
I have a similar problem.The dentist that carried out the work has retired and the practice say I have no claim even though my contract was with the practise as a limited company.
The same argument that they were self employed.
Did you get anywhere with your complaint.
Steve
Just equiring, about a dentist that didn’t sort my private treatments right
My new dentures (top half) do not fit properly.
The molars on the left hand side do not meet with the lower half. There is a gap so big that a pencil will not grip. This was pointed out to the dentist on day one.
As a result, all chewing is done on the right hand side which has caused sores and bleeding on the lower gums.
Also, the new dentures are causing speech impediment. It is so bad that my work clients repeatedly ask me ” Can you repeat that again please? ” followed by ” I cannot understand what you are saying”
I have been back to dentist 4 times to have adjustments made to lower denture to reduce abrasion and soreness.
I keep being told that I must persevere.
One month one, things are the same, I can only eat soups and porridge and I have had to cancel my work appointments this week.
The dentist now tells me that nothing more can be done with the top dentures according to the contract I signed . I paid privately for the treatment at £1800.
It is not about the money, I feel the upper denture is not fit for purpose on two counts.