Case Studies: Healthcare

Dental Negligence – £35,000 Compensation Paid to Patient

O’Reilly Stewart Solicitors recently obtained a settlement of £35,000.00 on behalf of our client who suffered significant injuries due to negligent treatment provided by her former dentist. The settlement was made without admission of liability. Claire Hunt, solicitor, dealt with the matter.

Our client attended her former General Dental Practitioner (“the Defendant”) to undergo root canal treatment in 2020. During the procedure, she became aware of, and complained of, pain and a burning feeling affecting her face. The Defendant abandoned the procedure and our client went home but she returned to the Defendant’s practice again later the same day. By then, she had swelling to her upper lip, face and eye, her head was sore and she was experiencing a burning sensation. The Defendant advised our client to attend hospital which she duly did and once there, she was prescribed steroids and an antibiotic. Our client unfortunately then developed shingles as a side-effect of the steroids and also required Co-Codamol painkillers.

As our client’s symptoms, including numbness in the anterior region and towards her nose, were ongoing, the Defendant later sought advice from the local Maxillo-Facial Department and our client was also referred to Oral Medicine. In addition, she attended a different dental practice in order to have the root canal treatment completed.

Our client instructed us to investigate the standard of treatment provided by the Defendant. As such, we obtained copies of her clinical records and instructed an independent General Dental Practice expert and an independent Maxillo-Facial Consultant. It was our experts’ opinion that the treatment which the Defendant had provided fell below the standards to be expected of a reasonably competent General Dental Practitioner. For example, it was noted that the Defendant failed to use a rubber dam in order to isolate the tooth during the initial root canal treatment and also failed to ensure that the pre-operative x-rays were of sufficient diagnostic quality. In addition, it was also concluded that the Defendant failed to exercise reasonable skill and care in the technical execution of the root canal treatment by over-preparing the canal. In turn, it was also noted that this resulted in the widening of the apical opening which then allowed hypochlorite solution to extrude beyond it and this also caused the soft tissue injuries including pain, swelling and anaesthesia/paraesthesia.

We were further advised that our client had suffered a permanent sensory deficit. Her social activities and relationship were affected for a period of time after the incident. The numbness is always there and is on her mind all of the time unless she distracts herself. She does not sleep well and when she breathes in through her nose, it is like cold air. It feels as if her nose is always running even though it is not.

Whilst it was necessary to issue High Court proceedings, it was agreed at an early stage in the proceedings that our client would receive £35,000.00 to reflect the avoidable pain, suffering and inconvenience which she had endured and which will unfortunately persist into the future.

Commenting on the service which she received from O’Reilly Stewart, our client indicated:-

“Claire came across as very pleasant, patient and understanding. She was friendly, gave good feedback and always replied to my emails promptly and professionally”.

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