Dental history
An orthodontist recommended that, as part of his treatment plan, a young girl's upper first pre-molar teeth should be removed by her dentist. The mother insisted on being there during the extraction and indicated that the lower first pre-molar teeth were to be removed. The dentist did not check, but extracted the teeth and the child left the surgery.
A few minutes later the receptionist told the dentist that the mother said the wrong teeth had been removed. The referral letter showed the mistake and the dentist apologised to the mother. He spoke to the orthodonist, explaining the mistake, and was assured that it would not adversely affect treatment. the orthodontist drew up a revised treatment plan and assured the parents that it would produce the necessary results by the same date, with no further expense.
The claim
The parents were not satisfied and issued a writ against the dentist claiming that their daughter had experienced excessive pain, suffering, anxiety and an unnecessary additional extraction. The dentist sought the DDU's help and expert advice was taken which concluded that, in spite of the wrong teeth being extracted, corrective treatment could be adequately given. Nonetheless, the patient's claim could not be refuted, and the DDU negotiated a modest settlement on the dentists behalf.
This page was correct at publication on 06/03/2002. Any guidance is intended as general guidance for members only. If you are a member and need specific advice relating to your own circumstances, please contact one of our advisers.