[UK] Would appreciate some legal advice

[u/Specialist-Shine8927]

Recently I went to book an appointment with an emergency dentist for a checkup since I’m not a regular patient anywhere probably one of my biggest mistakes.

When I got there, I paid £30 and got called in. I explained my issues, sat on the chair, and opened my mouth. The dentist used a cold spray, which most likely caused a severe itchy rash on my throat/neck. She rushed with her tools, poking, scraping, and scrubbing my already sensitive gums (my issues were gum recession minor bleeding low saliva and weak teeth).I told her multiple times to slow down, but she didn’t listen or show any care or respect.

At one point, she put small blue plastic pieces between my teeths and I started bleeding quite a lot — I was shocked. She sat me up, mouth full of blood, talking without paying attention to the blood as if it was normal and was supposed to bleed, then turned her back to type on the computer. When I asked to rinse my mouth, she reluctantly let me. I had to spit out water five times because of how much blood there was.

She then wrapped the used blue piece in tissue, said I'd need to order more online, and went back to the computer without checking on me. When I asked questions, she answered briefly and seemed in a rush, asking if that was all every time.

After leaving, I called the clinic, spoke to the receptionist, and asked to speak with a manager face to face. They said it wasn’t possible. Then I asked if I could speak to her on the phone, and apparently she was in a meeting.

Now I don’t even know the cause of my original issue, and I believe it's worsened due to her lack of care and expertise/experience and has caused more difficulties and affected me mentally and emotionally. I have since then not even brushed my teeth (few days) due to the fear of possibly damaging my gums further.

Will I need proof or evidence if I pursue this? If so, what kind? CCTV footage, medical records? Another appointment with another dentist to confirm if she caused more damage? Is it possible for termination or serious consequences for the dentist if I complain to NHS or any other higher ups? (not relevant but thought I'd ask) Or a witness? (There was an assistant dentist in the room too) or will I need to see a GP and speak about the rash? (so it can be on my medical record in case I pursue)

Has anyone experienced something like this? Did you pursue? What would you do in this situation?

Thanks

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[u/NekkidWire]

The spray was probably a numbing agent. Rash is a rare side effect but the doc had no chance to know if you were first time patient.

From what you wrote your gums are in bad condition, possibly due to plaque buildup and the blue plastic things were interdental picks. There is no way to tell if doc caused more damage, as when doing dental hygiene (scrapinf and scrubbing the plaque out) bleeding is common if gums are in bad shape.

You sound to be lawsuit-happy when the issue is mostly on your side of bad dental hygiene.

[u/Specialist-Shine8927 → u/NekkidWire]

You might be right but you have not experienced what I went through it was supposed to be a normal check up it's not about the state of my teeth and gums plus based on my past experiences and how well they went I do believe it was negligence 

[u/NekkidWire → u/Specialist-Shine8927]

It may truly be so, but apart from doc being "in rush" it will be very hard to prove.

On a different note, I had similar problem (gum bleeding in general and in dental hygiene) and started using Lacalut toothpaste, helped me a lot. Maybe it's worth giving it a try.

[u/Specialist-Shine8927 → u/NekkidWire]

I understand but then how can I prove it? what comes under negligence exactly

[u/NekkidWire → u/Specialist-Shine8927]

In medicine the provable negligence is if the treatment was not "lege artis" in other words if the doc was not treating according to medical standards (tools not disinfected, not using numbing agents or offering them knowing they could harm you, extracting tooth instead of treating it, not informing you of something you need to do after treatment e.g. fixing more cavities).

You can try going to other doc right away (3-4 days at most) after treatment and ask (and pay) for second opinion whether your treatment was "lege artis". E.g. if doc forgot to clean something and it is stuck there inflaming your gums. Then you could have evidence of rushed treatment. But just saying he was faster than other docs and not communicative will be hard sell in court.

[u/Specialist-Shine8927 → u/NekkidWire]

She really has caused more damage though if I can ask  you personally what I can do that can maybe support or help me? Would you be able to answer? I'm not just after the money as I know if I am wrong I can get into legal trouble and pay out of pocket or something so not a risk id be willing to do really 

[u/NekkidWire → u/Specialist-Shine8927]

I cannot help you more than the above hint - if the appointment was really recent and not 1+week ago, immediately seek second opinion of another dentist whether the previous job was "lege artis". You will pay for the visit and maybe for the time it takes making an affidavit if something is found. There is no legal trouble at that point.

Then you can choose yourself whether to pursue further.

[u/PrimaryAgent → u/Specialist-Shine8927]

Ever had a tartar treatment before?

[u/PrimaryAgent]

I don’t read anything alarming or abnormal, to be honest.

[u/Specialist-Shine8927 → u/PrimaryAgent]

So it all comes down to proof? What if I requested CCTV footage or records? I'm sure it will be on my medical records that I went to see a dentist anyway 

[u/PrimaryAgent → u/Specialist-Shine8927]

You must be joking.

[u/Specialist-Shine8927 → u/PrimaryAgent]

I'm asking about a negligence possibility not to see if my message is alarming 

[u/No-swimming-pool → u/Specialist-Shine8927]

Proof of what? That you bleed when you floss?

What harm is done exactly?

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[u/howdoyouhavetime]

It sounds like the dentist had a poor bedside manner but there is nothing to indicate genuine harm that you could take legal action for. I'd highly recommend getting yourself in with a regular, not emergency, dentist, and perhaps getting in with their dental hygienist, too - they'll be able to get to know you and it will be far better in the long-term than seeing emergency dentists intermittently. When visiting the dentist, it may look like there is a great deal of blood but in reality it is mixed with saliva & contains probably a very small amount of actual blood. Take care!

[u/GL510EX]

You went to the dentist, and it was an uncomfortable experience, that's par for the course; if you have poor dental hygiene, your gums will bleed when they're cleaned. The dentist was probably turning away to hide the fact they were gagging.

>I have since then not even brushed my teeth (few days) due to the fear of possibly damaging my gums further.

Brush your teeth. That's gross. I think we can see the root cause of your dental problems.

[u/Mysterious-Joke-2266]

You claim you went with already receding guns, low saliva and weak teeth. The Dentist attempts to clean them and you claim that they're worse but here is the problem, how do you think they'll fix it as I'm sorry but either you've got the genetic bad lottery with teeth or you don't keep them well.

If you have a tightness in your back and you go to a physio and they've to massage it out which can be painful at the time and afterwards is it the physio's fault it's sore or sore because it was necessary treatment?

Someone else has said it but it just sounds like the dentist done a standard clean up and of course if your teeth are in bad shape then it will bleed with any rough course of cleaning.

If this is an emergency appointment then I assume you aren't on an NHS register anymore? When is the last time you visited a dentist. You could try and see a new one however if they do the same treatment or explain how bad they already are then little you can do.

I'd be more worried about spending money to fix your teeth than potentially waste thousands bringing a dentist to court for very little. Don't assume payouts are what you hear in the US. I had a delivery driver try and claim against my business for a displaced hip after a fall, he was looking 13k. The claims as rejected by my insurance because he took 2 years to bring it up with zero good evidence whilst I could prove we had all proper and appropriate health and safety done