News0 min ago
Nhs Dentists
8 Answers
So many dentists are now refusing to see adult (or even any) NHS patients. How does the law stand on this matter. Bearing in mind most of the dentists were/are trained by the NHS. Do patients have any right to demand to be seen under NHS rules? And if not, why not. Although I do understand the 'contract' renegotiated when Labour were in power was totally in favour of the dentists and not of the patients, I would have thought that, as we paid for their training, we should be able to be seen/treated. After all, we all have a legal (that's correct.... a LEGAL) right to an NHS dentist. If there aren't any dentists prepared to see NHS patients within in particular area, how do the various Local Health Boards overcome the problem? Maybe we should all start suing....
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The short answer is that the Law has nothing to say about it.
Even if there was a charge for training - that wouldnt mean that you could muscle in on the deal and say 'and that means you have to treat me.
Ther have been a series of cases about forcing either doctors to treat or Hospitals to admit and treat and basically the judges have shied away from ordering treatment
Yes you have a legal right to a dentist, and you are correctly concluding that therefore the secty of state has a duty to supply care.
actually that is s1. of the 1948 Act, and I read that in 1973 and suggested to the other law students that on the back of Blackburn v MPC 1968 the judge might grant an order to this effect.....It was Hohfeld who first said that if A has a right from B then B has a duty toward A.
The first case was Hinckley 1976 - and the judge held that a minister can owe a duty to a group of people ( that would be you patients ) and yet not owe a duty to one particular person.
There were a few other tries - one over emergency treatment ( Collier ) and I think that was the one where the judge walked in at the start of the case and commented: Don't we know the law on this ?
adn the barrister for the applicant tried to persuade a doubting judge that this time it was an emergency, and so the principles in Hinckley dont apply blah blah..... the judge held that they did ( hold ) - order not granted.
So you could start suing but it may be expensive - legal aid would not be granted as the principles of law are clear.....
Even if there was a charge for training - that wouldnt mean that you could muscle in on the deal and say 'and that means you have to treat me.
Ther have been a series of cases about forcing either doctors to treat or Hospitals to admit and treat and basically the judges have shied away from ordering treatment
Yes you have a legal right to a dentist, and you are correctly concluding that therefore the secty of state has a duty to supply care.
actually that is s1. of the 1948 Act, and I read that in 1973 and suggested to the other law students that on the back of Blackburn v MPC 1968 the judge might grant an order to this effect.....It was Hohfeld who first said that if A has a right from B then B has a duty toward A.
The first case was Hinckley 1976 - and the judge held that a minister can owe a duty to a group of people ( that would be you patients ) and yet not owe a duty to one particular person.
There were a few other tries - one over emergency treatment ( Collier ) and I think that was the one where the judge walked in at the start of the case and commented: Don't we know the law on this ?
adn the barrister for the applicant tried to persuade a doubting judge that this time it was an emergency, and so the principles in Hinckley dont apply blah blah..... the judge held that they did ( hold ) - order not granted.
So you could start suing but it may be expensive - legal aid would not be granted as the principles of law are clear.....
It's difficult to find an NHS dentist nowadays, there are waiting lists. Mr BIL lived in Bridlington E. Yorks but travelled back to Leeds to see his dentist, there were none available where he lived. I don't think there is any law that says you are entitled to see one, it's the availablity of dentists willing taking NHS patients on their lists that's the problem.
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