Mike Hill
Mike is noted for his niche practice in Dental Negligence claims. He practised as a general dental practitioner for 15 years. He taught pain-control and conscious sedation at Newcastle Dental Hospital for 6 years before transferring to the bar in 2004. As a result, he has an understanding of the complexities of dental claims that is hard to match.
Mike advises daily on all aspects of liability, causation and quantum and he drafts approximately 100 sets of clinical negligence pleadings a year. He lectures and provides seminars on dental negligence claims to lawyers and on dento-legal matters to postgraduate dentists on a regular basis.
His recent practice has involved implantology, periodontal neglect, neural injuries and complex restorative cases with future treatment costs of almost £100,000.
Practice Area
Panel
- Contributing Author
3 Contributions by Mike Hill
PRACTICE NOTES
Assessing Damages in Dental Negligence: PSLA, Special and Future Losses, Replacement Cycles, Implants, Periodontal Maintenance, Interest, and Applying JCG and Ogden (including the +0.5% discount rate)
NOTE: On 2 December 2024, the Lord Chancellor confirmed a move to a +0.5% discount rate, effective from 11 January 2025. Under Schedule A1 to the Damages Act 1996, subsequent reviews must take place within five years of the end of the prior review, meaning the next review must start on or before 2 December 2029.
General damages—PSLA
General damages are awards that cannot be calculated with precision; instead, a suitable figure is assessed. They cover:
non-pecuniary loss (past and future) for pain, suffering and loss of amenity (PSLA), handicap in the labour market, loss of congenial employment, loss of convenience, etc
future pecuniary loss, eg future loss of earnings, future care, etc
In dental claims, general damages will also reflect the need to undergo remedial dentistry. For a more detailed definition, see Practice Note: Common recoverable losses in personal injury cases—What are general damages and special damages? The starting point for valuing PSLA is the Judicial College Guidelines (JCG) (formerly the Judicial Studies Board Guidelines)...
PI & Clinical Negligence
PRACTICE NOTES
Dental negligence: interpreting records, radiographs and tooth numbering; NHS Business Services Authority data and expert evidence
Dental notes
A frequent stumbling block for lawyers handling dental negligence matters is the language and nomenclature found in the records. The presentation of notes has altered over the years and continues to develop.
Paper records
Up to around 2000, only a small number of practices kept computerised files. The vast majority of clinicians documented care on NHS‑derived standardised buff cards (FP25). Unsurprisingly, handwriting was often poor, and specialist terms compounded the challenge of interpretation. The buff shade significantly hampers photocopying. Where entries prove illegible, practitioners should return to the practice to obtain clearer, legible reproductions, using a colour copier if required. Lost or misplaced cards were not unusual, and often a second set of notes might exist. Many practices wrote the card number at the head of the FP25, and continuity across the sequence ought to be verified. At times, neither the solicitor nor the expert can reliably discern the content. In that event, it is proper for a claimant solicitor to seek clarification from the dentist, or their indemnifier, as to what the record states.
Computerised records
From 2000 onwards, computerised records became far more commonly used across practices, and digital note-keeping saw markedly broader adoption...
PI & Clinical Negligence
PRACTICE NOTES
Dental negligence: periodontal care, caries diagnosis, endodontics, orthodontics, extractions, cosmetic dentistry, consent post-Montgomery, and dental practice non-delegable duties and vicarious liability
A range of frequently seen liability issues arise in dental claims, and they commonly include the following:
periodontal claims
cosmetic dentistry
consent disputes
root fillings
orthodontic claims
failure to diagnose dental caries
incomplete or incorrect extractions
jaw fractures during tooth extraction
This Practice Note also explores the circumstances in which a dental practice might owe a non-delegable duty of care to a patient.
Periodontal claims
Claims relating to gum disease are very common. Awareness of a potential claim typically arises when a patient has changed practice for some reason, or where a practice has changed hands. A new dentist may tell the patient that they have gum disease, or, quite often, assume the patient already knows. The news is more often than not, understandably, met with considerable upset and anger.
Basic periodontal examination
At each and every examination there is an obligation to assess the periodontal condition (the structures and tissues surrounding the teeth). As a minimum, dentists should record the findings of a Basic Periodontal Examination (BPE) at each visit. For NHS dentists, this forms a contractual part of the overall examination. The mouth is divided into six sextants and...
PI & Clinical Negligence
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