Negligence claim?

[Kelli123]

Hi all, I started going to my current dental practice about 5 years ago after not going to the dentist in a long time. I had never had a dental cleaning until I went there! I was about 27 at the time.
My gums seemed healthy when I first started going and I got braces with another dentist around the same time. The braces caused awful trouble with my gums, causing pain, inflammation and bleeding. My hygienist gave me special mouthwash and recommended 3 monthly cleans which I did. I only had the braces for 4 months in total after which the gum inflammation and bleeding got worse instead of better. Hygienist referred me to periodontist within the same practice. Periodontist saw me twice, did not carry out any pocket depth probing (nor did hygienist or dentist since I started attending practice) gave me sane special mouthwash, noted an infection in upper right quadrant, advised me to take vitamin c tablets, continue 3 month cleanings and scheduled no further apps with him.
I got disheartened at this point as I thought my teeth must be clean from all the hygienist apps so thought something else was causing sore gums (vit c deficiency? Retainer irritation?) . I stopped attending for 3 monthly cleanings at this point (approx 3.5 to 4 years ago).
A year and a half ago I attended same practice with unexplained sensitivity in front tooth. Was examined and had xrays and pain was put down to nerve damage from braces. Dentist mentioned I needed cleaning but said he didn't know if this would make it better or worse. Tooth settled and I required no further treatment. I scheduled in for cleaning. This was cancelled due to covid so only got round to rescheduling recently.
During last app hygienist said I had periodontitis before even looking at my mouth properly, spoke about bone loss etc, really frightened and shocked me. She cleaned my teeth and said to come back for bone mapping. I went home and cried for the entire day.
During bone mapping app she probed all of my gums (kept losing her place and having to repeat certain areas). It was very painful and at the end she deleted the entire chart off the computer by mistake and wanted to start again which I refused that day. I remember her calling out mostly 1s and 2s in front, 3s to 5s in middle and the odd 6 7 and one 8. She said I needed deep cleaning and she would probe again when I was numb for this on next app.
I've since lost faith in the practice and don't want to go back. I'm sure I must have had some form of periodontitis after the braces if someone had only checked. I am going to schedule an appointment with another practice and am extremely stressed and worried about the whole thing. but am wondering do I have a claim for negligence?

 

[letsconnect]

Hi and sorry to hear about your bad experiences ?. The periodontist not carrying out any pocket depth probing sounds pretty damning. I presume dentists in Ireland are obliged to keep those kinds of records, just like they are in the UK. Maybe you could request a complete copy of your records to see what's actually on file? @Niall Neeson, what's the procedure for this in Ireland?

When you attended a year and a half ago, was that for a check-up or an emergency appointment only, and was there any probing done at that time?

 

[Kelli123]

Thank you so much for responding, the appointment a year and a half ago was emergency appointment with no probing, however I had a follow up appointment to that a month later to see was the tooth any better or worse where also no probing was done - more of a quick chat. I realise not going for check ups probably puts the fault on me but still seems to me I wasn't looked after properly from the start.
Do they have to give me a full copy of my records if I request them?

 

[letsconnect]

I think so, according to the Dental Council's Code of Practice relating to Professional Behaviour and Ethical Conduct:

You must give patients their records when asked

1. 9.4 You must, in keeping with the Data Protection Acts, give a patient a copy of their dental records if they request this in writing. This includes their dental X-rays or copies of them. You may do this free of charge or there might be a nominal charge. You must provide this information even if the patient’s account is outstanding.
2. 9.5 You must respond to a patient’s request for information under the Data Protection Acts within 40 days.
3. 9.6 To minimise the use of ionising radiation, you can lend or give copies of a patient’s radiographs to another dentist, but only if you have the patient’s consent.

 

[Kelli123]

Also looks like I can't get an appointment anywhere else until November.
Should I risk going back to previous dentist to get deep cleaning done? Or wait til November at the risk of periodontitis progressing. I can still see a lot of black tartar under my gums (it's like I can see it through my gums if that makes sense) that needs to be removed. My gums won't get any better til this is cleaned I presume.

 

[letsconnect]

If you don't feel too uncomfortable going back, that might be the best option. Or if you drive, you could look further afield?

 

[Kelli123]

I really don't know what to do, I have one area of my gums that has been sore and red for the last 3 years and looks like it has receded a little since my last cleaning. I emailed a specialist and this is what they said. I don't know if my gums will get worse if I wait until November.

Our next availability is Monday 8th November at 11.30.
With regard to the periodontal condition, try not to worry too much, 80% of the population have periodontitis at some level however, it is usually a good idea to have a periodontist treat it to get the active disease stabilised and then we would alternate you between a periodontal hygienist and your own hygienist to ensure it is maintained. The main thing is that it is not generally a fast acting issue so in the interim if you keep up good oral hygiene and floss you should be fine. If you do wish to make an appointment, don’t hesitate to contact us, however I would suggest if you plan on visiting your own hygienist do not do so in the three months prior to the exam here, as that will mask any issues an not give a true read as the levels.