Claims involving dental treatment or surgery

Michael is a direct access barrister who has been dealing with dental claims for over 15 years.

Claims involving dental negligence can often be quite challenging. A common difficulty for lawyers is the writing in the dental notes. The format of notes has changed over the years and continues to evolve. Until approximately the year 2000, very few practices had computerised records. The vast majority wrote clinical records on NHS-derived standardised buff cards (the FP25). Predictably, handwriting was poor and the nomenclature made things even more difficult to decipher. The buff colour of the notes makes photocopying difficult. If the notes are hard to read, practitioners should return to practices to ask for better copies, copied on a colour copying machine if necessary.

From 2000 onwards, computerised records became far more widely used. Many practices used both systems while dentists and staff adjusted. Often, dentists would handwrite the records and the reception staff would use the computerised system to invoice and record appointments and NHS treatment codes only. When sourcing records from a dental practice, a specific request should be made for all computerised and FP25 notes. Many practices have FP25 notes stored in attics and unused filing cabinets that go back many years.

In dental cases the causes of loss can be complex and prognosis can be tricky. It may take skilled analysis and application to extract an early admission of liability from any practitioner responsible. In many cases, Michael has been able to secure such an admission on behalf of his clients and therefore secure an early settlement. Michael works mainly on dental claims that have arisen as a result of a negligently performed procedure.

In addition the valuation of a claim involving dental negligence can run into thousands of pounds and it is important to use someone who has experienced these heads of claim already.

Recent Testimonials

“Michael Shaw dealt with our case in the most professional manner. He was caring and courteous towards the Defendant who was a victim of domestic violence whilst displaying the utmost professionalism and giving her the advice and confidence to give evidence in the best way possible. His cross-examination technique, expertise and his confidence is what won the case in the end. Highly recommended! Thanks again Michael. Great result”

“I was the victim of negligence which left me with life, changing conditions, thank God I can still walk. I was introduced to Michael Shaw through a mutual friend. We made contact, and he took my case on. What an outstanding service, I was provided with. He was always there at the end of the phone and always returned my emails through some of the toughest times of my life. Even when he was on holiday with his family, which is outstanding service. He understood what I was going through, mentally and physically I can’t thank you enough for the service you provided me; and now the case has come to a resolution I can start to rebuild my life. I would always recommend him to friends and family”.

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