dental solicitors UK - specialist dental solicitors in dental negligence claims and dental law

One of the first steps in any dental negligence claim is to assess the dental evidence. In order for any specialist dental solicitor to assess the evidence, we must obtain your dental notes, dental records and dental x-rays from all of your treating dentists both past and present, this is vital. The easiest way for you to obtain your dental records from your dentist is by making a request in writing to the dentist concerned.

Any request for your dental records must made in accordance with section 7 of the Data Protection Act 1998. The request for dental records must be made in writing and the dentist must supply you with your dental notes, records and any dental x-rays within 40 days of the written request. Be aware that under the current legislation, the dentist in question can charge you a fee, currently £50 maximum, for supply of your dental notes, records and any dental x-rays.

Failure to provide your dental notes, records and any dental x-rays within 40 days of the written request will mean that your dentist will be in breach of the provisions of the Data Protection Act 1998 and in turn will allow you to make an application to the court for a Judge to order disclosure of your dental records. You may also be able to make a complaint to the GDC about the non disclosure of your dental records and also make a complaint to the Information Commissioner.

Once your dental notes, dental records and dental xrays have been sent over by the dentist, we will carry our a review to assess the strengths and weaknesses of your dental claim. From the dental evidence, We will then draft a letter of claim to the dentist in question which is a formal letter required under the Court rules. The dentist will usually pass this letter to his/her insurers to be dealt with. The dentist then has 4 months under the Court rules to supply his/her reply to your dental claim. We can advise you on how best to proceed with your dental claim once a response has been received.