Five figure settlement reached for patient suffering nerve damage following tooth extraction

3rd January 2018 by

Jonathan Austen-Jones acted on behalf of the Claimant in her action for damages following treatment received under the Defendant dentist’s care at the Oaks Dental Practice which commenced on or about 14 March 2016.

The Claimant attended the surgery for extraction of the lower right second premolar tooth, as a result of which the Claimant suffered mental nerve damage, with associated neuropathic pain, affecting her social and domestic life.

Jonathan reviewed Mrs SR’s dental records and obtained expert opinion from an independent dental practitioner.  That expert was of the opinion that the care provided by the Defendant dentist fell below the standard expected of a reasonably competent practitioner and was therefore, in her view, negligent.

Jonathan also obtained a separate report from a consultant maxillofacial surgeon on Mrs SR’s current condition and prognosis.

In that expert’s opinion, there was a clear causal relationship between the removal of the LR5 and the injury to the right mental nerve.  The maxillofacial surgeon agreed with the independent dentist that he would not have expected mental nerve damage to have occurred during the tooth removal procedure, unless it had been caused as a result of lack of care.

The mental nerve damage suffered by Mrs SR had a significant impact upon her mental health and exacerbated her pre-existing General Anxiety Disorder.  To help with valuing the claim, Jonathan obtained a separate report from a consultant psychiatrist and that expert confirmed that Mrs SR had mixed anxiety and depression which could specifically be related to the negligent dental treatment, over and above the anxiety which she may have suffered in any event.

Jonathan wrote to the Dental Defence Union representing the dentist in September 2017.

The Dental Defence Union asked for Mrs SR to be examined by their own consultant maxillofacial surgeon.  Mrs SR attending this examination in January 2018.

Following the threat of Court action – Jonathan had arranged for the necessary Court papers to be prepared, ready to be served upon the Dental Defence Union – they entered into settlement negotiations and in May 2018 Jonathan successfully negotiated settlement of Mrs SR’s claim for a significant five figure sum.

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