Daybrook Dental Surgery Group Action Claims

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IMPORTANT: if you were filmed as part of the undercover whistleblower activity that uncovered the poor practices of Dr D'mello, and you haven't yet claimed, please contact us as a matter of urgency because the time limit for claiming has likely passed - but we may still be able to help!

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What Has Happened?

Former patients of Desmond D'Mello at the Daybrook Dental Practice in Arnold have been put at risk of serious infections due to a total lack of regard for NHS infection control protocols.

Dubbed by media as the "dirty dentist", Dr Desmond D'Mello ran the practice like a conveyor belt with patient appointments sometimes lasting mere minutes, which he achieved through a total lack of adherence to NHS infection control procedures.

He was caught on film by a whistleblower reusing dentistry equipment between patients; reusing gloves between patients; not washing his hands between appointments; and using unsterilised equipment, to name a few. The scandal triggered the biggest NHS recall in history as 22,000 patients were asked to attend an appointment for a blood test to check for serious infections that could have crossed between patients, including Hepatitis B, Hepatitis C, and HIV.

This is similar to the University of Derby HIV Scare which resulted in hundreds of students being put at risk of blood-borne infections from reusing syringe barrels between injections and blood tests.

Am I Entitled to Compensation?

If you are a former patient of D’Mello you may be eligible to claim for compensation as a result of what's happened.

You can claim if:

• The news of the scandal caused distress or alarm at the risk of being exposed to serious infections like Hepatitis B; Hepatitis C; or HIV
• You have had to go for testing as a former patient of Dr D'Mello
• You have contracted an infection as a result of Dr D'Mello's disregard for infection control procedures
• You have suffered a psychiatric illness as a result of the impact the news that you are affected has had on you

UPDATE: We are acting for individuals who have contracted infections believed to be as a result of Dr D'Mello's practices.

Will I Win My Claim?

This is a complex area of law and this is the first scandal of this scale and nature to ever hit the UK. There have been similar recalls but not one on the scale of 22,000 people affected.

We have agreed to act for individuals affected on a No Win, No Fee basis as our Group Action Lawyers have extensive experience in representing individuals for group action cases, as well as dental negligence cases and cases for negligence exposure to infections; all of which can be complex areas of law. We have agreed to act on a No Win, No Fee basis because we are confident that we can win the action. So, although prospects remain uncertain, we believe we have a chance.

One of the major things we have to consider at the start of the case is if the Defendant has the means to pay compensation to victims. Unfortunately the rules for insurance for dentists is pretty poor in our view because they can have protection from organisations like the Dental Defence Union who have the power to refuse to indemnify dentists at their discretion. So, we have rules to ensure adequate cover, yet the organisations covering them have the power to just say no!

If you have been affected then we are happy to assist you and we have agreed to fight tooth and nail for any victims affected by the scandal, and do all we can to recover compensation for what has happened.

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UPDATE: some of the timeframes to claim have now passed so we cannot guarantee we can assist with any new claims now.

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How is Hepatitis and HIV Spread?

HIV and Hepatitis can be spread through bodily fluids like saliva, blood, or semen. Hepatitis B in particular is recognised as a risk when using dental equipment that hasn't been sterilised properly (or at all), whereas Hepatitis C is typically transmitted through blood-to-blood contact, such as through reusing needles.

The biggest risk is therefore Hepatitis B which can be spread through dental equipment that hasn't been sterilised properly, or because of contamination through D'Mello reusing gloves and / or not washing his hands between patients. We are not yet aware of any allegations that he reused needles, but given the significant lack of adherence to the most basic of infection control procedures, and the discovery that the record keeping at the Daybrook Dental Practice was beyond inadequate, it remains a concern.

Someone who has been infected as a result of D'Mello's lack of adhering to infection control procedures would likely have had no idea they were infected. The alarming result is that they could then have unknowingly spread a disease further as well...

Medical Information

Your health is of course the number one priority, and whilst we are lawyers - and not medical experts - we have outlined below some basic medical information for general guidance. If you have any concerns, please contact your GP or visit the Arnold Health Centre drop in clinic which is being used for advice and testing.

UPDATE: we are advised that the Arnold Health Centre drop in clinic has now finished.

HIV Information

HIV (Human Immunodeficiency Virus) attacks the immune system which can lead to the body suffering a reduced ability to fight off other infections. In the early stages sufferers may have short bouts of flu-like symptom, but the seriousness of the problem means that the body's inability to fight off other infection is reduced as well, which puts lives at risk.

Symptoms can include:

• Raised temperatures and fevers
• Sore throats and swollen glands
• Rashes on the body
• Fatigue and tiredness
• Pains in the joints and muscles

Many forms of illnesses can cause these sorts of symptoms and don't necessarily mean you are suffering with HIV. After this initial period of infection, further symptoms may not appear for as long as a decade, and by this time the immune system may have been damaged to such an extent that a sufferer is at serious risk of being ill.

There is currently no cure for HIV, and treatment consists of reducing the risks of it being passed to others and slowing the spread of infection, and managing any problems.

Hepatitis B and Hepatitis C

Hepatitis is a virus that can infect the liver and includes symptoms such as:

• Sickness
• Appetite loss
• Flu-like symptoms
• Aches and pains
• Fatigue and tiredness
• Jaundice
• Depression

Symptoms can take months to appear and they can be easily confused with symptoms for any number of general illnesses, although many people may have no idea they are suffering with anything serious until testing is done.

The damage to the liver can increase the risk of permanent liver damage and scarring, and even then risk cancer late on in life.

Testing

Hepatitis B can be diagnosed using a blood test that shows a reaction to the Hepatitis B antigen, or a liver function test that can detect certain enzymes and proteins in the blood that show evidence of liver damage. Hepatitis C is diagnosed with a blood test, and HIV requires a more specialised test where blood is taken to detect antibodies which can take months to show.

The importance of this in the Desmond D'Mello Group Action is that, unless you have had the specific testing for these infections, their presence would not have just been noticed on other standard tests you may have had for other things.

Contact Us for Help

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IMPORTANT: if you were filmed as part of the whistleblower's investigation and you have not joined our action please contact us immediately for help!

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You can contact our team assisting the victims of the D'Mello Group Action on 0800 634 75 75 or fill in a Contact Form below.