This article discusses practice in England and Wales. Legal tests and procedural rules may differ elsewhere. For UK, Republic of Ireland and selective international enquiries, see how to instruct.
A focused instruction and a complete, organised bundle help me assess the issues efficiently. Records may be incomplete or spread across several providers, and the material needed depends on the questions being asked. This is a practical guide to the records and information that are usually useful, and why.
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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 relevant NHS treatment in England and Wales, FP17 or equivalent claim information may help establish what was claimed. It should be read alongside the clinical records; a claim entry does not, by itself, establish exactly what treatment was carried out.
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 issues in dispute and the questions the expert is asked to answer 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. It also helps to know at the outset whether the instruction is on a single joint expert or party expert basis, since this affects how the letter of instruction should be framed.
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
Subject access requests generally require a response without undue delay and within one month, although identification, clarification and permitted extensions can affect the timetable under the applicable rules. In practice delays occur 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.