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Patients may not receive negligence compensation

Posted in: Medical Negligence 

The patients of a former dentist who was suspended following hygiene concerns have been told that they may not receive any compensation whatsoever. Over 22,000 patients were recalled in June last year after the dentist was suspended for severe hygiene failings. A whistleblower went to health authorities after secret filming caught him repeatedly not washing his hands, not sterilising equipment, and not changing his gloves between patients.

The Daybrook Practice of Desmond D’Mello had to call back 22,000 patients, defined as the “biggest recall in NHS history”. Patients were screened for blood-borne viruses such as HIV. Following the scare, Dr D’Mello was refused insurance cover, meaning that all claims will go directly to him.

“immense anxiety and stress”

The Dental Defence Union – of which Dr D’Mello is a member – originally supported him throughout the NHS investigation, however, has now decided not to cover any claims relating to the negligence.

David Corless-Smith, a dentist and lawyer, said this decision would leave the majority of Mr D’Mello’s former patients out of money, and the dentist entirely bankrupt. “They have all been put through immense anxiety and stress at discovering that they have potentially contracted a life-threatening virus.” He added that most patients would receive absolutely no compensation at all.

The Dental Defence Union declined to comment on individual cases.

If you have been affected by medical negligence, and are looking to claim compensation, please contact us.


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