How we helped Robin secure the largest dental negligence settlement after years of neglect.
Find out how we helped Robin secure the (at the time) largest ever award for a dental negligence claim after years of neglect and unnecessary surgery from two dentists.
Robin was initially treated by her first dentist for fifteen years. In this time, she underwent multiple crowns, fillings, veneers and root canal treatment. After thirteen years of this treatment, she was already suffering severe toothache and sensitivity due to untreated decay.
Robin was then treated by the second dentist for seven years. She attended regularly and was very committed to getting her dental issues treated. She was determined to resolve all the decay and achieve a healthy dentition, so underwent further root canal treatments, a post and crown, bridgework, an extraction and replacement temporary crowns.
However, Robin was not properly advised about the treatment. The risks and benefits were never explained to her. Temporary crowns repeatedly fractured and fell out, meaning Robin had to restrict her diet and be careful when eating. Had she known before the treatment began that it would be so expensive, problematic, and invasive she would not have proceeded.
Eventually Robin 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.
Bringing a claim for dental negligence.
Once she became aware that the treatment may have been substandard, Robin consulted our experts in dental negligence claims to see if she was able to claim compensation. Not long after we began investigating the care Robin had received, it became clear that there were significant breaches of duty from both dentists involved. Experts instructed on the claim 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, Robin had undergone extensive treatment with the two dentists including 43 crowns, 26 root canal treatments and four veneers. Much of this treatment had been unsuitable for Robin and she was unnecessarily subjected to procedures that she had not consented to. What’s worse, it was found that both dentists had failed to diagnose caries and acid erosion on multiple teeth and these issues had been left untreated despite the regular treatment Robin was receiving.
Ultimately, as part of the claim we ended up making 97 allegations of negligence on Robin’s behalf, reflecting the sheer volume of negligent treatment to which she was subjected.
As a result of the two dentists’ negligence, Robin’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, even seeking to blame Robin for the condition of her teeth in part due to an eating disorder she had suffered. Two years after Robin began the process of making a claim, we commenced court proceedings against them and they continued to robustly defend the claim.
We pushed back against the defendant dentists’ arguments and made it clear that Robin 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.
Securing further justice after dental negligence.
At the same time as pursuing a dental negligence claim with us, Robin 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 personal impact on Robin.
The treatment Robin required to fix the damage done to her teeth was extensive and complex. Robin 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.
Robin found the protracted treatment and ongoing litigation case very distressing, at times traumatic, and it dominated her life for years.
Robin found she did not have the time or energy for hobbies, socialising or housework. She lived with constant anxiety and low self-esteem. Robin 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.
Settling the claim.
Robin’s case settled at a joint settlement meeting between the parties. We were able to secure a significant (and, at the time, record-breaking) compensation award for Robin – an excellent result and very much deserved. Robin was overwhelmed and very happy.
It was a long journey and very challenging at times, but Robin 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.
If you think you have experienced negligent dental care, and are considering a claim for compensation, contact our enquiries team to find out if our expert solicitors can help you.
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