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 the Data Protection Act 1998. The request for dental records is made under section 7 Data Protection Act 1998 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.
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