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Dental Treatment Injury Claim
Dental Treatment Pain And Discomfort
Duncalf V (1) Edwards (2) Harborth (2003)
The claimant, a 49-year-old woman, received £5,784 for the pain and discomfort following an unsatisfactory crown preparation and root canal treatment in 1998.
Out of Court Settlement 21/8/2003
LTLPI 17/11/2003 (Unreported elsewhere)
Document No.: AM0200535
Negligent Dental Care
Claimant: Female: 42 years old at date of accident; 49 years old at date of settlement.
Clinical Negligence: On 3 October 1995, the claimant visited the dental practice where the first defendant ('D1') worked. He fitted crowns to her UR1 and UR2 teeth, also placing a veneer at UL1. D1 left the practice several months later.
On 4 June 1998, the claimant began to experience pain and tenderness in her upper right quadrant and the second defendant ('D2'), who was the principal partner at the practice, took an x-ray which showed a large periapical radiolucency approximately 1cm in diameter, associated with the root of UR2. The x-ray also indicated that the residual tooth core was approximately 3mm in width and 3.5mm in height.
On 11 June 1998, D2 opened the claimant's UR2 to drain the infected pulp and then continued root canal therapy during the following three months before a root filling was fitted. A subsequent x-ray showed that the root filling extruded beyond the apex of the claimant's UR2 by approximately 7mm.
Dental Injury Sustained
After discussion with the claimant, her UR2 was extracted, but she had to return to D2 after suffering pain from the upper right anterior region. An x-ray showed a residual cyst in the UR2 area and antibiotics were provided, but no further treatment was offered.
The claimant sustained injury and brought an action against D1 alleging that he had:
(i) failed to take radiographs prior to the placement of the crown at UR2, which resulted in failure to diagnose the presence of apical pathology associated with UR2, which would have contra-indicated placement of a crown; and
(ii) over prepared the claimant's UR2 tooth prior to crown provision. This caused the devitalisation of the pulp and development of a large periapical area.
The claimant brought an action against D2 alleging that he failed to:
(i) provide satisfactory root canal treatment to UR2 in that the root filling extended approximately 7mm through the apex of the root;
(ii) advise the claimant of all alternative treatment options prior to extraction of UR2, in particular the option of apicectomy and enucleation of the cyst;
(iii) obtain adequate consent from the claimant prior to the extraction of UR2;
(iv) diagnose and record the presence of cystic area visible on the radiograph and failure to refer the claimant for immediate remedial treatment.
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Dental Injury Compensation Award
Liability admitted.
Injuries: The claimant underwent unsatisfactory crown preparation and root canal treatment.
Injuries: The claimant underwent unsatisfactory crown preparation and root canal treatment.
Effects: After the treatment in September 1995, the claimant experienced persistent pain in her gums and her teeth did not meet properly causing discomfort. After some time, she developed lumps on her top and bottom gums. Between 1998 and 2000 the claimant also experienced repeated episodes of infection which caused facial pain and swelling.
The claimant continued to experience intermittent facial swelling and pains, which improved slightly after the extraction of her UL2. The residual gap was sore and looked unsightly, which caused a loss of self-confidence.
Out of Court Settlement: £5,784 total damages.
Out of Court Settlement: £5,784 total damages.
Breakdown of General Damages: Pain, suffering and loss of amenity: £3,000.
Background to damages: General damages were initially assessed at £3,000 on the basis that the claimant experienced an extended period of pain and suffering from June 1998 and underwent unsuccessful root canal treatment and the ultimate extraction of UR2. Special damages comprised of implant replacement of UR2 and provision of a crown, which were assessed at £7,684.
The defendant's solicitors responded to the letter of claim admitting liability and agreeing the valuation of general damages. They disputed additional implant maintenance costs beyond the initial 12 months following implant placement and made a CPR Part 36 offer to settle for £5,784 plus costs, which was accepted by the claimant.
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