History
A 24-year-old male patient attended the surgery of a vocational trainee dental practitioner complaining of a fractured tooth in the upper right quadrant (UR6). Pain from the tooth, which was sensitive to hot and cold fluids, was keeping the patient awake at night.
At examination the dental practitioner found gross caries at UR6 and a positive response of this and adjacent teeth to ethyl chloride. A periapical X-ray showed gross caries that had resulted in decalcification of more than half of the crown.
The dental practitioner attempted to extract the tooth under local analgesia. The palatal root was, however, displaced and the dental practitioner informed the patient of this, and noted that it had possibly been displaced to the maxillary antrum. The patient was referred to a consultant oral surgeon who attempted to remove the root under local analgesia and to close the oro-antral fistula. While the latter was closed, the fractured root was not found. The consultant decided to explore the right maxillary antrum under general anaesthesia via a Caldwell Luc approach. This was successful and the root was removed.
Negligence alleged
A claim was brought against the dental practitioner for damages, personal injury and consequential losses due to the alleged negligent treatment that the patient had received.
Expert opinion
The MDU sought the opinion of an expert who advised:
"…I can find no evidence that the standard of treatment provided fell below that which would normally be expected from a reasonably competent trainee in a well supervised programme. Evidence points to care of a high standard throughout, both in the dental practice and at the hospital."
In view of this opinion it was decided to defend the case, which went to trial.
The outcome
The judge said that the plaintiff had not discharged the burden of proof, and that the dental practitioner had acted reasonably. He found in favour of the dental practitioner.
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