In this case study we look at a successful dental compensation claim, which was concluded by specialist medical negligence solicitor, Clarissa Ellerington.
Background of the claim
The Claimant was unhappy with his teeth and smile, so he contacted his dentist for treatment. The Claimant’s treatment plan began with a scale and polish and thereafter a filling.
The Claimant had asked his dentist to review his upper incisors, as that was the area that was concerning him the most. It was alleged that at his follow up appointment after the filling, that the Defendant cleaned the cavities before she went on to file down the front of his teeth, but then advised he required a referral to a specialist dentist due to the complexity of his dental health.
The Claimant was referred to another dentist who accepted he had “A complex case of worn teeth – front and posterior, almost exposing the nerve chamber”. The Claimant was unhappy with the treatment he had received, the filling had come out which had left him with jagged edges and he was in a lot of pain.
The case for negligence
We assessed this case and established that we could help on a no win no fee basis, which meant that the Claimant did not have to pay any upfront fees to being the claim against the dentist.
Our clinical negligence team investigated the claim and contacted the Defendant to put forward the allegations against them. It was alleged that the treating dentist had failed to provide the Claimant with a reasonable dental examination and had failed to obtain appropriate consent for all treatment that was carried out. We further alleged that the Defendant did not provide the Claimant with an appropriate treatment plan and subsequently performed treatment outside of their skill set.
We obtained a report from a general and cosmetic dentistry expert who was supportive of a claim against the Defendant. Our expert agreed the Defendant failed to provide the Claimant with reasonable dental examination when he initially presented and obtain informed consent prior to performing treatment. However, our experts were of the opinion that the Claimant would have always required further treatment due to the complexity of his oral health. The Defendant did not accept the Claimant had suffered an injury as a consequence of the treatment provided.
Clarissa entered into negotiations with the Defendant in an attempt to reach a settlement. After some back and forth negotiating with the Defendant, a settlement was eventually reached.
If you wish to make a dental compensation claim then contact our free legal helpline by calling freephone 0333 888 0406 or sending an email to [email protected]