How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I have a question about the following scenario: A

Resolved Question:

Hello, I have a question about the following scenario: A patient has a costly and complex (and painful) procedure with a Dentist but consent was not correctly obtained as the full risks were not disclosed. Although the patient has not suffered any adverse
effects at this stage, he would not have gone ahead had he known about all of the relevant risks and therefore has undergone treatment and paid for it unnecessarily. Does he have a claim?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
No. If he has suffered no adverse consequences then he can not make a claim. A Judge would only award for actual loss or injury.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Thanks for your response but would it not be considered a loss that the patient has had undergone treatment he would not have otherwise have had and also financially suffered as he has paid a significant amount for it? This appears to be his loss.. Might this be a 'claim' under professional negligence as a pose to personal injury?
Expert:  Ash replied 1 year ago.
No, because if it was all about the risk, rather than needing the procedure, there would again be no loss. They didnt personally get an injury.
Even if was clinical negligence, there would need to be some injury.
Does that clarify?
Alex
Customer: replied 1 year ago.
I see thank you..can you please just clarify two more points? If it was not simply a case of risk but in fact an unsuitable treatment does that change the situation? Secondly if the provider was not appropriately qualified does this have any bearing on these matters?
Expert:  Ash replied 1 year ago.
1. If the patient did not need it - yes. The claim is for costs of treatment
2. Only if suffered an injury
Does that help?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Yes..many thanks
Customer: replied 1 year ago.
Hello again,I had a further question in relation to your response (2.) that the lack of appropriate qualification would only have a bearing if there was an actual injury. Could you elaborate on how this would affect the situation of there was in fact an injury established. Thanks
Expert:  Ash replied 1 year ago.
If someone suffered injury through negligence they could sue as a result,of that injury
Alex
Customer: replied 1 year ago.
I appreciate that there would be a claim of threre was negligence that led to an injury but more specifically what bearing could it have if the Dentist who provided treatment also wasn't appropriately qualified?
Expert:  Ash replied 1 year ago.
That in itself doesnt mean someone can sue. There must be some loss.
Alex
Customer: replied 1 year ago.
Sorry I wish to clarify...my question is if there is a loss... is there any impact of the Practitioner not being appropriately qualified…even from the point of view of the Dentist?
Expert:  Ash replied 1 year ago.
The dentist may face regulatory action professionally
Alex
Customer: replied 1 year ago.
OK..thanks..so it has no bearing on the potential claim?
Expert:  Ash replied 1 year ago.
None whatsoever
Alex
Customer: replied 1 year ago.
OK thanks for the clarification.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions