Published: 24th October 2023
Area: Medical Negligence
Case Study | Medical Negligence
Contact us now More about dental negligenceOur client, who needed her tooth to be removed following negligent surgery, has settled her medical negligence claim against the defendant trust.
Winter 2017
Kelly, who has a history of epilepsy, had a septorhinoplasty in the early 00s as a result of facial injuries she sustained following a seizure. During another seizure in 2017, Kelly fell and fractured her nose, which required a revision septorhinoplasty.
Spring 2018
Kelly was admitted for the surgery at the defendant hospital and discharged the same day. A pre-operative assessment included a ticked box to indicate that dental damage was discussed with Kelly. However, there is no explanation or evidence as to the nature or extent of any discussion, and Kelly has no recollection of the conversation. The assessment also noted that Kelly had no caps, crowns or loose teeth prior to surgery, and that her past surgical history included general anaesthesia without any problems.
The following day, Kelly attended an emergency appointment with her dentist because of tooth pain, which became apparent once the anaesthetic wore off. Upon examination, the dentist confirmed that the tooth was loose and, due to the severity of the pain, it was extracted on the same day.
A month later, Kelly had a partial lower denture fitted but found this unsatisfactory and requested a bridge replacement, which was fitted in winter 2019. Due to her epilepsy, Kelly is at risk of this becoming dislodged during a seizure, which represents a choking hazard.
Kelly contacted us and our clinical negligence associate, Natalizia Capizzi, assisted her throughout her claim. We issued a letter of claim to the defendant trust, which initially denied liability. After an out-of-court settlement was eventually reached, we prepared a detailed schedule of loss in line with expert evidence and quantified the case.
“Kelly suffered damage to her tooth during or as a result of her surgery. Prior to the operation, the tooth was not mobile, loose or damaged, and Kelly had no significant dental history. Furthermore, the defendant hospital failed to provide sufficient information and warning about the risk of dental damage, and after the damage had occurred, did not provide an explanation or treatment plan. As well as having to have the tooth extracted, Kelly has been left with an ongoing risk of choking as a result of the bridge, and now requires an implant. She also suffered avoidable pain due to the damage and subsequent treatment.”
If you would like to discuss making a claim with our specialist team of medical negligence solicitors, please call us on 0808 164 0808 or request a call back and we will call you.
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