Medical Negligence Case Study OD v Dr TA


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In partnership with

Jonathan acted on behalf of this 29 year old who attended the dental surgery of Dr TA in 2017 for the removal of two lower wisdom teeth under local anaesthetic.

During the course of the procedure the Claimant's right inferior dental nerve (supplying sensation to the lower lip and skin over the chin) and the left lingual nerve (supplying the tongue with sensation) were injured during the surgical removal of the lower wisdom teeth leaving the Claimant with permanent loss of sensation in the skin over the right side of the chin and the left side of the tongue.We obtained the Claimant's dental records from the surgery and from the hospital to where she had been referred for further treatment and then obtained expert opinion from a dental surgeon and an oral and maxillofacial surgeon on breach of duty and causation respectively.We alleged that Dr TA did not obtain the Claimant's full informed consent for the risk of nerve injury to the left and right side because the Claimant had not been advised of the option of sending the Claimant for a cone beam CT scan and then coronectomy.We alleged that a cone beam CT scan should have been taken to show the position of the roots in relation to the inferior alveolar canal and that had a cone beam scan been taken as it should have been, the Claimant should then have been given the option of not extracting the teeth or a coronectomy to avoid the nerve injury. We alleged that the extraction of the wisdom teeth had caused the dental nerve damage.Although no formal admissions of liability were ever made, the indemnity insurers on behalf of Dr TA did enter into negotiations to settle the Claimant's claim without the need to start Court action and the Claimant's claim was settled for a five figure sum in 2019.Following the settlement of her claim she wrote to Jonathan:"Thank you for your hard work… it has been much appreciated and I have been very happy with how easy you have made this for me. You have explained everything in detail… I would like to say you have been very professional throughout the whole process and I would definitely recommend your services if anybody I knew required help in this area."Dental Negligence Claim settled September 2019.

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