A significant proportion of the instructions I receive arrive without enough material to write a useful report. That is not a criticism: dental records are often incomplete, practices are slow to respond to subject access requests, and solicitors new to dental work are not always sure what they need. This is a practical guide to what I look for, and why.
The dental records — and what is usually missing
The clinical notes from the treating practice are the foundation. These should include the contemporaneous written notes, the dental charting, radiographs, and any referral letters or specialist correspondence. For NHS treatment, the FP17 claim forms are important and frequently overlooked; they record the treatment claimed under the NHS contract and can reveal discrepancies between what was done and what was recorded.
Radiographs are often the most important single item. A periapical film taken before a disputed extraction, root canal treatment or crown preparation can resolve factual disputes that the written notes leave entirely open. Where radiographs exist but have not been obtained, the report will be limited. Where they no longer exist, that absence itself may be relevant.
If the patient attended more than one practice during the relevant period, which is common, records from each provider are needed. I regularly see instructions where records from a referring practice, a specialist, or a subsequent treating dentist have not been requested. Those records often contain the most useful clinical information.
What else I need to write a useful report
I need to understand what questions I am being asked. A letter of instruction that sets out the specific issues in dispute and the CPR 35 questions to be addressed is far more useful than a request for a general report on the case. It allows me to focus my analysis, keep the report proportionate, and avoid producing a document that answers questions you have not actually asked.
I also find it useful to see the letter of claim and any response, and a summary of the client's account of events where that differs materially from the records. Where a clinical examination is needed, information about the patient's current dental condition and any treatment received since the original complaint helps me prepare.
Timing
Dental practices have one month to respond to subject access requests under UK GDPR, but in practice delays are frequent and some older records are no longer held. I would encourage solicitors to request records as early as possible, treating it as a routine first step rather than something to do once an expert has been identified. If you are working to a court deadline, tell me at the point of instruction. I can often advise on what is achievable with the material available, and whether a preliminary view is possible before the full records arrive.
If you are uncertain whether you have enough to instruct, a brief initial enquiry is usually the quickest way to find out.