MyDentist

3. Mr R complains the Practice dentists did not act in line with their duty of care to identify a cyst in his right jaw for approximately five to 15 years.

4. Mr R complains the Practice not completing detailed checks has meant he needs a more invasive operation under general anaesthetic to remove multiple teeth to reach and remove the cyst.

5. Mr R told us his health has been affected due to experiencing high blood pressure, loss of sleep and he has to have two other teeth removed to reach the infection. He also told us the experience caused him such anxiety that he is fearful to ride his motorbike for fear of breaking his jaw if he had an accident.

6. Mr R wants £8011.97 because he is unable to use his motorbike, and a similar amount of compensation or more for extreme stress, anxiety and travel expenses.

7. On 27 September 2023, while living in Spain, Mr R had a filling. The dentist did a panoramic X-ray, which is a full image of the upper, lower jaw and teeth.

8. The dentist in Spain said Mr R needed treatment for an impacted wisdom tooth and they found a cyst. Mr R said this dentist told him it had been growing for up to 15 years.

11. 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 Mr R to understand his circumstances and the outcomes he wants. We do not consider whether legal action would succeed but whether it would be a reasonable option to look in to.

12. Mr R complains the Practice failed to complete its duty of care when giving him dental investigations and this resulted in a cyst forming for a period of five to 15 years.

13. Mr R says the dentists not completing thorough checks of his teeth caused his health to suffer and triggered anxiety and worry. He also told us this is causing him anxiety preventing him using his motorbike as he is worried about having an accident and damaging his jaw.

14. Mr R wants compensation of £16,000 for being unable to use his motorcycle and for him not having the care he expected.

15. Clinical negligence is any act or omission that falls short of a standard expected from an organisation’s duty of care. In Mr R’s complaint he says the Practice fell short of the expected standard in his care and treatment, and that this has caused him significant harm.

16. Mr R could potentially pursue the financial remedy he seeks though a clinical negligence claim. He may also be able to achieve other outcomes as a by-product of any legal action.

17. Mr R told us he has sought legal advice from a solicitor. He said this solicitor told him his case ‘was not the right fit for them’ and they did not have capacity to take it on.

18. Although one solicitor has told Mr R his case is not suitable for them it does not mean other solicitors would tell him the same.

19. Mr R also told us he does not have available finances to pay for a solicitor. There are options such as no win no fee solicitors who may take on his case and in some instances insurance policies offer legal cover and may cover some costs for legal action.

20. We are satisfied there is nothing preventing him exploring a legal remedy at this time so it is reasonable for Mr R to pursue this to try and secure the compensation he is seeking.

21. Once Mr R has explored his legal options in full, if he is not able to pursue this route for any reason, he can come back to us and we could potentially look again at his complaint. He can also return if there are outcomes he does not achieve through legal action.

22. If he does wish to complain again after fully exploring legal action, he should do so promptly. This is because the law also places some time limits on what we can look at.

23. We are grateful to Mr R for telling us about his concerns. We know this has been a very difficult period for him.

1. We have carefully considered Mr R’s complaint about MyDentist (the Practice). We appreciate him taking the time to approach us with his concerns. We are sorry to hear about his experience relating to dental care and do not underestimate the impact this has had on him.

2. We have considered the information Mr R provided to us in writing. We consider he could take legal action on the matters he has brought to us. We will now explain in detail how we have come to this conclusion.