Frequently asked questions
Practical answers for solicitors, insurers and medico-legal agencies considering instruction.
Instruction and scope
What types of case do you accept?
Dental clinical negligence and personal injury matters within the scope of general dental practice: restorative dentistry, periodontal care, endodontics, extractions, consent, treatment planning, record-keeping and prognosis. I act for claimants, defendants and as a single joint expert. Instructions outside my competence — for example specialist orthodontic or maxillofacial surgical technique — are declined or redirected at the enquiry stage rather than after documents are sent.
Do you accept instructions from either side?
Yes. My duty under CPR 35 is to the Court regardless of who instructs, and my caseload includes claimant, defendant and joint instructions.
What should an initial enquiry contain?
A short summary of the case, the issues the report should address, whether an examination is likely to be needed, and any court deadline. There is no need to send records at this stage. Conflicts are checked and suitability confirmed before anything further is exchanged.
Can you take urgent instructions?
Often, depending on current commitments. Enquiries are answered the same business day or within one working day, and where a deadline is tight it helps to say so in the first message.
Documents and records
What records do you need?
The complete clinical records including all treatment notes, the full radiographic history in original digital format with dates, clinical photographs where they exist, laboratory dockets where relevant, and the letter of instruction. For breach of duty cases, the records of subsequent treating dentists are usually needed for causation. Incomplete records are the most common cause of delay and of provisional opinions that later need revisiting.
In what format should records be sent?
Electronic transfer is preferred. Radiographs should be supplied as original image files rather than screenshots or scans of printouts, since image quality frequently matters to the opinion.
Examinations
Where do examinations take place?
At Michael Dental Care in Cheltenham. Alternative venues can be considered by agreement where suitable clinical facilities exist and the arrangement is proportionate.
Is an examination always required?
No. Breach of duty and causation opinions are frequently prepared from records alone. Condition and prognosis reports usually require an examination unless the claimant has been examined recently and the findings are documented. Whether an examination is needed is confirmed at the scoping stage.
What happens if the claimant does not attend?
A missed appointment without reasonable notice is chargeable. Rebooking is arranged through the instructing party. Please contact us to confirm the notice period and DNA charge that applies.
Fees and timescales
How are fees structured?
A written fee estimate is provided before any work begins, based on the volume of records and the issues to be addressed. Please contact us for current fee information, including hourly rates, fixed-fee options for screening reviews, and terms for agency and deferred instructions.
What is the typical turnaround?
Turnaround times are confirmed at the scoping stage and depend on the volume of records, whether an examination is required, and current commitments. Shorter timescales can sometimes be agreed where a court deadline requires it. Timescales run from receipt of complete records and a signed letter of instruction — partial disclosure pauses the clock.
What are your cancellation terms?
Cancellation terms for examinations, conferences and hearings are provided with the fee estimate before instructions are accepted. Please contact us for current terms.
The report and after
Are reports CPR 35 compliant?
Yes. Every report contains the required statements, declarations and statement of truth, addresses the questions in the letter of instruction, and distinguishes fact from opinion. Where the evidence does not support a concluded view, the report says so.
Do you answer Part 35 questions and attend joint discussions?
Yes. Replies to CPR 35 questions, review of opposing expert evidence, conferences with counsel, joint discussions and joint statements are all available after the main report. Attendance at trial can be accommodated with sufficient notice.
Will you tell us if the case has problems?
Yes, and early. If a screening review or first read of the records suggests the claim or defence faces real difficulty, that view is given plainly before further costs are incurred. An unfavourable honest opinion at the screening stage is cheaper than one served in a report.
Jurisdiction
Which jurisdictions do you cover?
England and Wales. Matters in Scotland, Northern Ireland or elsewhere can be considered by agreement where UK dental standards are relevant and the scope of instruction is appropriate.
If your question is not covered here, please send an enquiry. Typical response time is the same business day or within one working day.