Almost two years after routine surgical removal of a lower third molar, the dentist was astounded to receive an "out of the blue" letter before action. The patient alleged that she had a scar at the corner of mouth from damage during surgery. The letter was accompanied by photographs taken immediately after the procedure, which showed a small raw wound. The dental records showed no entry relating to any trauma, accidental or otherwise.
The patient was examined by a dental expert who thought that the lesion had been caused by a hot instrument, possibly a handpiece, stretching and burning the angle of the mouth during surgery. Though slight, there was an unsightly residual scar that did not take a suntan in the same way as the surrounding tissues, and which could only be covered by make-up.
While liability was not admitted, the expert advised that the case would be difficult to defend if it came to trial. With the dentist's agreement, a settlement was agreed for £3,300.
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