The clinical negligence team demonstrated their expertise when they recently recovered damages for a lady who suffered a fractured jaw during a failed tooth extraction attempt by her dentist. The case settled for an undisclosed award plus legal costs.
Jonathan Herbert acted for Miss S who claimed to have been provided with poor dental treatment over a period of 18 months during which cavities went untreated, a filling required to be replaced and an attempt to extract a tooth failed causing a fractured jaw requiring surgical treatment thereafter.
Miss S complained of more extensive cavities to 3 teeth, with a risk of further cavities developing and/or gingival inflammation to one of them, pulpitis, the unnecessary lose of an upper right tooth (root canal treatment could have saved it), prolonged pain and suffering due to lengthy and aggressive extraction attempts, 2 upper jaw bone fractures and the pain and suffering associated with corrective treatment in which Miss S required her upper jaw bone to be plated. As to the main complaint, it was alleged that the use of excessive force and the use of such force in an incorrect direction caused the fractures. After corrective treatment, Miss S had to wear a gum shield type fitting which was incredibly uncomfortable and which affected her ability to chew until the bone stabilised for 6 weeks. The plate and screws remain in place.
As the fractured jaw was suffered late in the year, Miss S suffered a spoiled Christmas and New Year festive period. Thankfully, corrective treatment was successful although Miss S remains nervous about dental treatment generally.
Miss S instructed Jonathan Herbert to pursue a medical negligence claim against her former dentist. Settlement was reached within 5 months of the delivery of a letter of claim for an undisclosed figure plus legal costs despite liability being resisted.
Jonathan Herbert specialises in medical negligence cases. If you would like to ask Jonathan a question about a potential case involving poor dental treatment or you have a general query about medical negligence contact him on 01892 701226 in confidence.