£175,000 awarded for dental negligence claim

In this time, she underwent multiple crowns, fillings, veneers and root canal treatment. In 2011, she was suffering severe toothache and sensitivity due to untreated decay.

Our client was treated by the second Defendant for 7 years, from 2011 to 2018. She attended regularly and was very committed to getting the issues treated. Her focus was to resolve all the decay and achieve a healthy dentition. She underwent further root canal treatments, a post and crown, bridgework, an extraction and replacement temporary crowns. However, the client was not properly advised about the treatment, and the risks and benefits were never explained to her. The temporary crowns repeatedly fractured and fell out. The client had to restrict her diet and be careful when eating. Had she known at the outset that the treatment would be so expensive, problematic and invasive, she would not have proceeded. In 2018, our client went to a different practice and was examined by another dentist, who was outraged by the state of her teeth. It was then that she realised the extent of the problems with the dental work.

Once she became aware that the treatment may have been substandard, our client consulted the Dental Negligence Team at RWK Goodman to see if she had a potential claim. As we started investigating the care she had received, it became clear that there were significant breaches of duty. We instructed a dental expert to review the records and report on the treatment provided. It was noted that the standard of x-rays was unacceptable, root canal treatments had been done without use of a rubber dam and the restorations were very poorly fitted. Overall, the client had undergone extensive treatment with the 2 dentists including 48 crowns, 29 root canal treatments and 4 veneers; it was found that much of this treatment had been unsuitable for the client and she was unnecessarily subjected to procedures that she had not consented to. Further, it was found that both dentists had failed to diagnose caries and acid erosion at multiple teeth and these issues had been left untreated.

As a result of the dentists’ negligence, our client’s dentition was irreversibly damaged, she lost 19 teeth and will have to continue to endure replacement restorations for the rest of her life. We made a claim for damages for the injuries and psychological distress she had suffered, and the costs of past and future treatment required. The majority of the allegations of breach of duty and causation were denied by the Defendants. In 2020, we commenced Court proceedings against them and they continued to robustly defend the claim.

The case was complex and there were a lot of factors to consider. For example, our client had suffered from an eating disorder which led to the acid erosion on her teeth. The defence sought to blame our client for not informing them of her condition. They also tried to argue that she had contributed to her outcome by failing to maintain good oral hygiene and not attending appointments in a timely manner. We pushed back against their arguments and made it clear that our client could not have known that her eating disorder would cause damage to her teeth, her oral hygiene was fine and she always attended for treatment.

At the same time as pursuing a dental negligence claim with us, the client bravely embarked upon an investigation with the General Dental Council which included attending a Court hearing. The investigation concluded that there had been gross misconduct by the Defendant.

The treatment our client required to fix the damage was extensive and complex. She became very concerned about the costs and struggled to afford the treatment she desperately needed. After leaving the Defendants’ care, she went through years of remedial work. The defective crowns were removed, several teeth were extracted and replaced with implants and crowns, she underwent gum surgery and re-root canal treatment, and had veneers and clarity braces fitted.

The client found the protracted treatment and ongoing litigation case very distressing, at times traumatic, and it dominated her life for years. She did not have the time or energy for hobbies, socialising or housework. She lived with constant anxiety and low self-esteem. Our client is a freelance artist and she lost earnings due to being unable to work while undergoing treatment. The continued stress then affected her ability to concentrate at work.

Our client’s case settled at a joint settlement meeting between the parties. We were able to secure a compensation award of £175,000 for our client – an excellent result and very much deserved. The client was overwhelmed and very happy. She was full of praise for Naomi’s kindness and unwavering support throughout the claim.

It was a long journey and very challenging at times, but our client showed incredible resilience, patience and determination. She now looks forward to rebuilding her life and focusing her energy on her exciting career in the world of art.