Trinity Chambers
3 Contributions by Trinity Chambers Experts
PRACTICE NOTES
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
PI & Clinical Negligence
PRACTICE NOTES
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
PI & Clinical Negligence
PRACTICE NOTES
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
PI & Clinical Negligence
If you expected to see yourself on this page, click here.
