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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a question about the following scenario: A

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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?
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 2 years 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?
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 2 years 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?
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 and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.
Yes..many thanks
Customer: replied 2 years 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
If someone suffered injury through negligence they could sue as a result,of that injury
Alex
Customer: replied 2 years 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?
That in itself doesnt mean someone can sue. There must be some loss.
Alex
Customer: replied 2 years 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?
The dentist may face regulatory action professionally
Alex
Customer: replied 2 years ago.
OK..thanks..so it has no bearing on the potential claim?
None whatsoever
Alex
Customer: replied 2 years ago.
OK thanks for the clarification.