2. Miss A complains the Practice incorrectly removed a tooth on 9 October 2023.
3. Miss A says the Practice’s failing has impacted her physically, as having two molars removed at the same time caused her issues with her bite and impacted the aesthetic of how her teeth look. She also says it has caused her distress and she has lost trust with the Practice
4. Miss A is seeking financial remedy.
7. We have carefully considered the available information. The law says we cannot investigate a complaint where a person has (or had) the option to take legal action, unless we consider this is (or was) unreasonable in the circumstances. We have discussed this with Miss A to understand the circumstances and the outcomes she wants. We do not consider whether legal action would succeed but whether it would be a reasonable option to look in to.
8. Miss A says a failing in the duty of care by the Practice in removing the incorrect tooth has caused long-term physical and mental impact. She explains by unnecessary removing a molar tooth and then removing the initial planned tooth, it has impacted her bite and how her teeth look aesthetically. Miss A is looking for a financial remedy, so it appears there is a clinical negligence action open to her. Clinical negligence takes place when a patient who underwent a treatment becomes injured as a result of that treatment and where they are looking for compensation as a result of this.
9. As a legal remedy appears to be open to her we then need to consider whether it is unreasonable for her to pursue the matter in that way. In doing this we have considered the outcomes, including the amount of compensation Miss A wants, and whether we are likely to recommend it in relation to the injustice claimed. We discussed the figure they are hoping to achieve. During my call with Miss A, she confirmed she is seeking £2000 compensation for the distress and ongoing impact the dentist has caused her.
10. If we were to consider the complaint and was to find failing, we would likely place her case at Level 4 of our severity of injustice scale. Our SOI states a case a case at level four will involve the person affected experiencing a significant and/or lasting impact, so much so that to some extent it has affected their ability to live a relatively normal life. Miss A has explained the failing has impacted her bite and the physical appearance of her tooth which has affected her quality of life. However, we also need to establish a link with the claimed impact and therefore our financial remedy may be lower than this. It appears likely that we could achieve the outcome she is seeking, however the law says if there is a legal remedy available it should be explored, unless there is a reasonable reason not to do so. There is also an increased likelihood of achieving a more significant amount through seeking legal action.
11. According to our policy, we also carefully considered whether there are any reasons that would make exploring taking legal action not a reasonable option. To do that we considered whether legal action would address what Miss A is trying to achieve. Miss A is only looking for financial remedy. A court can provide that through damages. It therefore appears legal action could achieve what she is keen to do.
12. Lastly, we discussed whether there are any barriers in taking legal action. Miss A has confirmed she has not taken any legal action prior to approaching us. In the complaint form she stated she was not aware on how to seek legal advice, I explained she could contact no win no fee solicitors. I explained the law says if the person complaining can potentially pursue their complaint by taking legal action and this could potentially achieve the outcomes they are seeking, then we should not consider the complaint unless it is unreasonable in the circumstances. She noted there was no basis to suggest it was unreasonable for her to do so. Therefore, it would be appropriate for her to consider the legal remedy first. Miss A has confirmed there are no barriers to her pursuing legal action.
13. Considering the available information, the availability of a legal remedy, the level of financial remedy that she is looking for and the absence of barriers in pursuing this, we consider that the ALR should be explored in this case.
14. We appreciate that this is not an easy time for Miss A as she is still experiencing ongoing issues with her tooth. We hope that our decision explains why it is better to explore taking legal action as the best way to achieve the outcomes she wants. If, however, unsuccessful she can return to us, and we can consider the complaint further.
1. We have carefully considered Miss A’s complaint about a practice in the Leicester area (the Practice). We are sorry to learn about the ongoing difficulties Miss A is having following her interaction with the Practice. Having reviewed the available evidence, we consider Miss A could take legal action on the matter she has bought.