Howells LLP

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Five Figure Payment For Catalogue Of Dental Errors
A Chesterfield man has been awarded a five figure sum in an out of court settlement by his former dentist in a claim for clinical negligence following a catalogue of inappropriate and poorly delivered treatment over a number of years.  

Mr Kirkpatrick-Wilson first consulted Dr Richard Kirk of Rose Cottage Dental Practice in Halfway Sheffield back in 2002. Over the next five years, Mr Kirkpatrick-Wilson underwent a significant amount of treatment including the fitting of a 9 unit bridge to replace one missing tooth.

During the treatment period, the dentist failed to take adequate radiographs prior to root canal work and bridge preparation, and failed to deal with an infected abscess.

 Another dentist described the decision of Dr Kirk to crown 6 healthy teeth to replace one missing tooth as “defying all rational dental protocol and treatment plans.  It was so wholly unreasonable that it would render him liable to a charge of professional misconduct.”

It was only when Mr Kirkpatrick Wilson changed dentists in 2007 that he realised quite how bad his treatment had been and that he may have a legal case against Dr Kirk.

 “Although many people are aware that they could have a legal claim for compensation if medical treatment goes wrong, it is not so widely known that the same can apply if a dentist has been negligent,” said Tania Harrison, a specialist clinical negligence solicitor with Howells LLP who represented Mr Kirkpatrick-Wilson.

 “The treatment Mr Kirkpatrick-Wilson received has not only left him with lasting dental problems - including serious damage to six previously healthy teeth, but also withongoing gum problems, unnecessary loss of two teeth, which have been replaced with surgical implants and withcrowns to 6 previously healthy teeth, which will need replacing every 12-15 years.

 “This alone would have been a legitimate cause for a compensation claim, but added to that is Mr Kirkpatrick-Wilson’s employment which was impaired by the need for him to make frequent visits to his dentist to undergo remedial work and the discomfort he experienced following the treatments. We’re delighted to have negotiated a settlement which takes account not only of the suffering he experienced, but also reimburses him for the significant amount of money he has had to pay over the past few years for remedial treatment .”

Mr Kirkpatrick-Wilson said he was pleased to have reached a fair settlement of his case and hoped that his experience would encourage other people who had attended the Rose Cottage Dental Practice who may have valid and legitimate claims to come forward.

“It was only during the claim that I found out that Dr Kirk was not even registered with the General Dental Council during much of the time he was treating me and I do believe he has seriously undermined the good name of dental practice. Fortunately for me I have now moved to a dental practice where I am getting the treatment I need to try and put things right – and who even advised me that I could have a claim against Dr Kirk.

“I’m also grateful to Howells Solicitors for the thorough, efficient, consistent and objective way they have handled my case throughout. It  was obviously a distressing and frustrating experience not only to go through the pain and discomfort of all the treatment but then to find out that much of it was unnecessary or worse. However, I am very pleased that the case has been brought to such a satisfactory conclusion and I hope that others in a similar situation will be encouraged to come forward.”


Media enquiries to Kath Harding on 07710 490943