£150,000 awarded for negligent orthodontic treatment.

The Claimant previously had healthy teeth and gums; his diet was good, he had never smoked and he had not had any dental problems before. The only issue was that he had a significant underbite, meaning that his lower teeth protruded beyond his upper teeth, affecting his bite and eating. In 2016, the Claimant decided to look into orthodontic treatment to correct get his teeth aligned. At a consultation with an orthodontist, the risk of root resorption during orthodontic treatment was discussed, but the Claimant was reassured that this would not cause any harm. In 2017, the Claimant had fixed braces fitted on his upper and lower teeth. He followed all instructions throughout his treatment, regularly attended check-up appointments and maintained good oral hygiene.

Around eighteen months into treatment, the Claimant noticed that an upper molar was painful when eating. He mentioned it several times to the orthodontist and was told the pain was nothing to worry about. The Claimant then had to wait months for jaw surgery as there was a long delay due to NHS backlogs. The braces were finally removed in 2021. Unfortunately, the sensitivity in the upper molar continued and spread to several other teeth. The Claimant suffered intense pain and had difficulty eating and drinking. At an appointment with his regular dentist, an x-ray was taken which revealed that the Claimant had severe root resorption at several teeth.

The Claimant lived with ongoing pain and soreness, and several teeth became loose and wobbly. He was advised that he would have to have teeth removed. By this stage, the Claimant was becoming anxious about how much treatment he would now need in order to restore his dentition. He consulted The Dental Negligence Team to enquire about bringing a dental negligence claim.

We obtained supportive expert evidence which confirmed that the Claimant’s treating orthodontist had failed to diagnose the root resorption. It should have been visible on the radiographs, and the orthodontic treatment should have been immediately paused for around four to six months to allow the roots to stabilise. However, the dentist continued with the treatment, allowing the resorption to worsen.

The Defendant admitted that there had been a breach of duty, but disputed causation. In other words, they would not admit that the negligence had caused any damage.

To prove causation, we had the Claimant examined by an expert in restorative dentistry. It was found that in the long-term, the Claimant will eventually lose all of his teeth (twenty-eight teeth in total) due to the root resorption. He requires a complex course of restorative treatment with dental implants, bridgework, bone augmentation and ongoing maintenance.

The Claimant also suffered a psychiatric injury in the form of a depressive episode. He experienced low mood and struggled to enjoy life, as well as disturbed sleep, difficulty concentrating, fatigue, irritability and low self-esteem. The Claimant is married with two young children, and his life at home was deeply affected by the ongoing treatment and impact on his mental health. He would require 14-16 sessions of CBT to address the psychiatric issues caused by the negligent treatment and all of this was factored into the claim.

The Claimant’s claim settled for £150,000. With the settlement money, the Claimant will now be able to fund the restorative treatment and maintenance he requires due to the negligence.