Compensation awarded for negligent dental treatment.

Posted by Joanna Rzepecka on

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BL Claims Solicitors have recently settled a claim concerning negligent dental treatment.

Our Client, Miss P sustained a fracture to one of her lower molars. She subsequently arranged for a visit at her dental practice. Miss P was seen by a dentist who was not her usual dentist, however this did not cause any concerns at that time. She underwent treatment, consisting of filling of the affected tooth with white filling.  Unfortunately, the filling fell out shortly after and Miss P had to return to the dental practice the following day.

During the follow-up visit the tooth was refilled again by the same dentist but unfortunately two days after the tooth suffered further damage. A subsequent visit with the usual dentist revealed that there was a cusp on the upper molar that was shearing the back of the affected tooth which needed adjusting. At that point she was in pain and her jaw was swollen. The tooth was left open and Miss P was advised to arrange a further appointment in two week's time.

The following day the dental practice called Miss P explaining that her case had been reconsidered and an appointment to fit a crown was offered. The temporary crown fitting was going to be carried out by the dentist who initially treated her tooth. Miss P was not happy with that, however because she was advised that he would be supervised by her usual dentist she agreed to go ahead. The supervision was in fact extremely minimal.

On her way out of the practice the crown fell out. Miss P returned to the practice. The dentist who had carried out the procedure quickly looked at the tooth in the corridor and advised her that everything should be fine. Over the next few days she was in excruciating pain. A sharp piece of tooth was causing her lots of problems. Her mouth was sore and the bonding used to insert the crown was rubbing her cheek, causing pain. Her tongue became extremely sore and ulcerated. Miss P was not happy with the treatment received. Her bite alignment was not adjusted.

Miss P arranged yet another visit, however this time she was adamant she wanted to see her usual dentist, which she did. The following day she developed severe tooth ache. At that point she was very dissatisfied with the treatment received and because she lost trust in her dental practice she arranged to go to a different practice.

Miss P's new dentist has advised her that there is irreversible damage to the tooth. Miss P was offered various treatment options, however it is extremely likely that she would lose the tooth in any event. Miss P opted for an extraction. She will require insertion of an implant and replacement of this throughout her life.

Miss P contacted us in December 2015. Paralegal Joanna Rzepecka took conduct of this case, with supervision from Associate, Gemma Osgood. A Letter of Claim was sent to both dentists was sent to the insurer together with a Part 36 offer. No formal admissions were made however an offer of £7,500 was accepted as a full and final settlement of her claim.

Miss P received a compensation that will allow her to cover costs of further implants for the rest of her life.

If you have a similar case you would like to discuss, please do not hesitate to contact Joanna or Gemma

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About the Authors

Joanna is a Trainee Legal Executive in the Clinical Negligence team at BL Claims.

Joanna Rzepecka
Email Joanna
023 8085 7478

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Gemma is a Senior Associate in our Clinical Negligence team with extensive experience in all areas of medical negligence claims.

Gemma Osgood
Email Gemma
023 8085 7248

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