Dental Claim Caselaw: Botched extractions, infections, retained roots and ill fitting dentures.

C v P (2018) – Out of Court Settlement

The claimant (C) was treated at twenty five separate appointments by the defendant dentist (P) who was based in Gosport, Hampshire from June 2012 until December 2016.

In his evidence, C stated that he had endured months of pain and suffering after what was described as botched extractions of his upper teeth to make way for an immediate denture.  C suffered with almost a year of recurrent infections with no antibiotics given to him.  It was alleged that tooth roots were broken and left in situ by P and that C’s jaw could not properly heal over after the extractions.  P then provided two ill fitting dentures which caused C pain and suffering and which he could not bite or chew properly.

C attended Portsmouth Hospital maxillofacial department for review.  It was found that C was suffering with generalised attrition of his lower teeth with broken down posterior teeth in the LL and LRQ’s.  A retained root was detected radiographically in the UR7 region.  LL7 was found to have an abscess periapically and arrangements were made for extraction under LA of the UR7 roots and LL7.

A letter of claim was drafted by Dental Law Claims and sent to the dentist directly who then instructed their defence organisation.

The letter of claim made a number of allegations that P had:

  1. Failed to diagnose and treat fracture and infection of LL7 and a crown fracture at LL6;
  2. Left a retained root at UR7 following extraction;
  3. Failed to inform C of the retained root at UR7;
  4. Failed to refer C for treatment of the retained root;
  5. Failed to provide C with all of the relevant treatment options available;
  6. Provided C with ill fitting dentures;
  7. Failed to refer C to a prosthodontist;
  8. Failed to record any BPE scores;
  9. Failed to diagnose and treat attrition on C’s lower teeth;
  10. Failed to disclose various x-rays and treatment booklets allegedly given to C.

Following negotiations, the Defendants defence organisation made an offer to settle the Claimants claim in the sum of £17,500 which was accepted.