A routine dental procedure for your child is a source of anxiety for any parent. You place your trust in the medical team to provide a high standard of care. But what happens when that care fails, not during the surgery itself, but in the crucial post-operative period?
We recently represented the family of a five-year-old girl who suffered avoidable pain and trauma after a hospital failed to diagnose a serious complication following dental surgery. This case highlights the vital importance of thorough post-operative checks.
What Happened? The Initial Treatment
Our client’s daughter, “Ms K,” was a five-year-old girl, known to be an anxious dental patient. In Autumn of 2023, she was admitted to the hospital for a day-case procedure under general anaesthesia to extract eight or nine baby teeth affected by severe decay.
The surgery was completed, and Ms K was discharged home in a “nurse-led” discharge. Her family believed the procedure was over and recovery could begin.
A Distressing Three Days
Soon after returning home, it became clear something was wrong. Over the next 48 hours, Ms K’s distressed mother made three separate calls to NHS 111. Her reports became increasingly urgent:
Despite these calls, no immediate action was taken, and the family was advised to seek a dental service within 24 hours.
Re-admission and Diagnosis: A Dislocated Jaw
Three days after the initial surgery, Ms K’s parents took her to the Emergency Department. She was unable to open or close her mouth, had barely eaten or drunk, and was admitted for observation.
She was diagnosed with bilateral dislocation of her temporomandibular joints (TMJ)—her jaw was dislocated.
As a result of the dislocation and her inability to eat or drink, she was also suffering from dehydration and hypoglycaemia (low blood sugar).
Ms K had to undergo a second general anaesthetic to relocate her jaw. She also required intravenous (IV) antibiotics and a dextrose drip for the dehydration and low blood sugar. What should have been a day-case procedure had turned into a traumatic two-night hospital stay, involving multiple blood tests and procedures that were deeply upsetting for a young, anxious child.
The Dental Negligence Claim: Failure to Diagnose
This is a crucial point: our expert evidence confirmed that a jaw dislocation can be a known, non-negligent complication of dental extractions under general anaesthesia.
The negligence was not that the dislocation occurred.
The negligence was the failure to identify and manage the dislocation before Ms K was discharged.
Our independent expert consultant oral and maxillofacial surgeon stated that the clinical team’s failure to spot the dislocation in the immediate post-operative period fell below a reasonable standard of care.
He concluded that if the dislocation had been identified, it “may have been possible” to reposition her jaw while she was still asleep or just after the surgery.
This failure to diagnose directly caused all the subsequent suffering:
- The three days of severe pain, swelling, and inability to eat or drink.
- The psychological distress for both Ms K and her family.
- The need for a second avoidable general anaesthetic.
- The two-night hospital stay, IV drip, and blood tests.
The Outcome: Compensation Secured
The hospital trust initially denied liability. They argued that it was reasonable that the dislocation was not identified before discharge.
We pursued the claim on behalf of Ms K and her family, supported by our strong expert evidence. We highlighted that the avoidable pain, the additional invasive treatment, and the psychological trauma to an already anxious child all stemmed from the failure in post-operative care.
In line with our goal of settling claims without the stress of court proceedings, we entered into negotiations with the Defendant. We successfully secured an out-of-court settlement of £2,000 in compensation for Ms K which was formally approved by the Court.
Fortunately, Ms K made a full physical recovery with no long-term damage to her jaw joints. However, the compensation acknowledged the unnecessary pain, suffering, and distress she and her family endured.
Have You or Your Child Suffered from a Dental Complication?
Post-operative care is just as critical as the procedure itself. A failure to check, diagnose, and manage complications can lead to serious, avoidable harm.
If you or a loved one have experienced a dental injury, a delayed diagnosis, or avoidable suffering after a dental procedure, you may be entitled to compensation.
Our specialist team of dental negligence solicitors is here to help. We offer a free, confidential consultation to listen to your story and advise you on your next steps. Contact us today to find out if you have a claim. www.dentalclaim.co.uk/questionnaire