T v B (2018)- Out of Court Settlement
In May 2017, the Claimant underwent routine dental treatment to LR6 and LR7. During the course of the treatment, the Defendant caught the Claimant’s tongue with a rotating burr of an air turbine causing significant pain and a laceration which caused profuse bleeding. The Claimant asked the Defendant to stop immediately which he did.
Following that treatment the Claimant suffered an acute infection which lead to sepsis.
Less than 24 hours after the treatment has finished, the Claimant was taken by emergency ambulance to hospital and spent 6 days at Wrexham Maelor Hospital in North Wales.
The claimant alleged that he had been left with minor but long term liver problems as a result of the Sepsis.
The claimant was reviewed by a maxillofacial surgeon and later blood tests confirmed that he had a diagnosis of dental sepsis due to streptococcus.
A letter of claim was drafted and sent to the dentists’ defence organisation.
The letter of claim alleged that the defendant dentists’ dental nurse was holding his tongue using a saliva injector (which was not appropriate) but once the injury had occurred she then switched to a high volume dental suction piece to hold the claimants tongue in position. The claimant alleged that had the dentist ensured that the claimants tongue was securely in retraction and been more careful with the dental instrument, the laceration caused by the rotating burr of the air turbine would not have occurred. Had the laceration not occurred, then the claimant would have avoided dental sepsis and the subsequent prolonged medical treatment and would have on the balance of probabilities avoided any injury.
Following negotiations, the Defendants defence organisation made an offer to settle the claimants claim in the sum of £10,000 which was accepted.