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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have experienced 2 years with a dental prodedure to fit an

Customer Question

I have experienced 2 years with a dental prodedure to fit an implant plate into my bottom jaw. I have a contract that gives me two years warranty, after the procedure is successful. It is not.
Initially, I visited a clinic in Harley Street, London for special scanning Xrays of my lower jaw.
The original plates had O rings inside which fitted over locators embedded in my bottom jaw but have never stayed in. My dentist has taken a huge amount of trouble to try and resolve this problem, with no success. He even took me to the Dental Technician's clinic in Thatcham, where the technician took impressions from my mouth and made up a plate from this. As I was driving home the plate came out, yet again.
My dentist has now fitted a titaniam bar, and made another plate with metal clips inside to fit over the bar, at no extra cost to me.
I have been back twice to my dentist because this is causing me considerable pain.
I paid over £7000 in March last year for the original implants and have paid no further charges.
I now need to go back for yet another adjustment to relieve the pressure on the RH side.
As you can imagine this has caused me great anxiety and stress over the long period of treatment, which is still not resolved.
Where do I go from here? Ann
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Are they doing the work free of charge please?
JACUSTOMER-bj305h1v- :

After the initial payment for impressions and Xrays, approx £450, and then the payment of £7000+ in March 2013 after the work was thought to have been completed, nothing has been paid since.

JACUSTOMER-bj305h1v- :

I have kept all emails between my dentist and myself and have a copy of the contract here. I copied all the emails to a friend, for back up purposes, if required.

Alex Watts : Have you had a second opinion please?
JACUSTOMER-bj305h1v- :

No, I haven't had a second opinion. I would think another dentist would need my records from my current dentist.

Alex Watts :

You need to get a second opinion. The new dentist can get your records or a copy of them.

Alex Watts :

If the second dentist confirms the first one has been negligent then you may have a claim

Alex Watts :

The first dentist may have been negligent or in breach of Section 13 of the Sale and Supply of Goods and Services Act 1982 for not acting with all reasonable skill and care.

Alex Watts :

But if you want to seek compensation and it does go to Court, any Judge is going to need a second opinion

Alex Watts :

Because if the second dentist says the first dentist did nothing wrong, you have no claim

Alex Watts :

So you need a second dentist to say whether the work done was correct

Alex Watts :

That is the first step

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-bj305h1v- :

I cannot fault my dentist in his care and commitment during this procedure. There were several fittings and new plates made and inserted, all failed. The value of the titanium bar is £1000 which he didn't charge me for, or the new plate with clips on the inside to clip onto the bar. In all his expetience of dental implants he has never come across the difficulties experienced with my procedure. He had been going to ask me to pay for the bar and plate but I said I couldn't undertake further expense. The dentist could see the emails were going to a 3rd party, which may have influenced his decision about not charging for extra treatment. I am going to consult him again about releiving the discomfort on the RH side. From what you have said I think if I did try to claim I might entail a lot of expense and then have no result. I do not want to go down this road unless there was a strong case for compensation. Considering the care, attention, time he has devoted to this I am going to have to live with this.

Alex Watts : Sadly you do need a second opinion for anything.
Alex Watts : In my view it would be worth getting just to see where you stand
Alex Watts : Does that help?