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Today we look at an out of Court settlement achieved on behalf of Mr. D. in respect of injuries sustained during what should have been a fairly routine tooth extraction procedure performed at a dental hospital. The case demonstrates that injuries during dental procedures can somewhat unusual and can arise from unusual circumstances.
Very few people enjoy visits to the dentist however in this instance, Mr. D. suffered injuries including facial scarring due to an unfortunate error on the part of the dental surgeon involved. This is a matter where liability was conceded and settlement achieved in the sum of £8,500.00 early into the matter.
Case Summary
Mr. D. had visited his own dentist previously who referred him to a dental hospital in relation to the extraction of a molar due to ongoing pain, and discomfort. On Mr. D.’s attendance at the dental hospital he reported that the treating dentist was exceptionally rough with him, attempting to extract the problem molar with excessive force on several occasions and causing Mr. D. severe pain. This, on its own, may not have been anything untoward however, midway through the procedure, an incident occurred.
By some means, the treating dentist did the unimaginable, and slipped whilst attempting to extract Mr. D.’s molar; in doing so, they caused a traumatic injury to the gums, the internal walls of the mouth, and face as the dental drill cut into Mr. D.’s flesh.
On receipt of instructions, we began collating Mr. D.’s medical records from the various providers including the dental hospital responsible for the incident; in doing so, given the clear nature of issues, the letter requesting Mr. D.’s records from the dental hospital was sent as a Letter of Notification under the Pre-Action Protocol for the Resolution of Clinical Disputes whilst also containing the record request.
Somewhat unexpectedly, rather than await a formal Letter of Claim, the dental hospital, care of NHS Resolution, responded to the Letter of Notification within four weeks, immediately conceding breach of duty and causation in respect of the incident. In tandem, a pre-medical offer was made in an effort to bring the matter to a prompt settlement.
Whilst the offer was not unreasonable, Mr. D.’s instructions were taken and the decision was made to obtain expert evidence, particularly in relation to the facial scarring and associated difficulties. Evidence was obtained from a Consultant Maxillo-Facial Surgeon and it was confirmed that Mr. D. had injuries associated with:
- A well-healed facial scar to the left oral commissure which was not visible at conversational distance and could be concealed;
- Scar tissue in a 1cm area within the mouth which was palpable however immature and was anticipate to resolve within eighteen months without further treatment;
- Partial restriction of the opening of the mouth to the left side, likely associated with the immature scar tissue, with a recommendation that a Therabite Splint be used to improve the same over the course of six months; and,
- Associated psychological trauma caused by the incident.
Mr. D. was given the option of obtaining further expert evidence on the psychological aspects of the incident however elected not to do so, wishing to bring the matter to a conclusion. The expert report was served and negotiations were promptly entered into with the matter reaching settlement in the sum of £8,500.00 within six months of the Letter of Notification.
Conclusion
This case shows that not all matters, even in the forum of clinical negligence, need take several years to resolve; where appropriate, a clear Letter of Notification can be sufficient to elicit admissions of breach and even, as seen here, causation.
This matter was conducted by our Mr. Alexander Ruaux-Keyho’s who took a non-adversarial approach, working in co-operation with NHS Resolution to narrow the issues and reach an amicable settlement for Mr. D. in the early stages of the matter, avoiding the time and costs associated with protracted litigation.
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