Client awarded over £30,000 after negligent orthodontic treatment
05 May 2021
Our medical negligence solicitors helped a client, who had lost her front teeth because of negligent dental treatment. The client recovered over £30,000 in compensation.
Mrs G contacted Co-op Legal Services in March 2018 after losing her 2 front upper teeth as a result of negligent orthodontic treatment provided in 2014.
Mrs G had braces fitted in June 2014. No x-ray was performed before her treatment.
In October 2016 the braces were removed. Mrs G then had several x-rays performed and, in November 2016, she was informed that she has naturally shortened roots, and so braces should not have been fitted as braces can cause additional root loss and resorption.
Unfortunately, because the dentist had failed to take x-rays before the braces were fitted, Mrs G was inappropriately fitted with braces that caused substantial additional root loss and resorption. This resulted in the avoidable loss of her upper front teeth.
Mrs G subsequently had to undergo unpleasant and protracted treatment before the missing teeth were replaced with dental implants, which she had to pay for. Mrs G was also left with facial pain and a tenderness and burning sensation in the roof of her mouth.
How we helped
Mrs G approached Co-op Legal Services in 2018. Our medical negligence solicitors provided Mrs G with an initial assessment of her claim and entered into a no win no fee agreement with her.
We wrote to the dental practice inviting them to make an early admission of liability, but no admission was made. Our medical negligence team then established the extent of the medical negligence and the extent of the injuries and suffering caused, by carrying out the following:
• Inviting the defendant (the dental practice) to admit liability • Obtaining copies of Mrs G’s medical records • Obtaining copies of Mrs G’s dental records • Preparing a witness statement for Mrs G • Obtaining reports from an Orthodontics Consultant expert • Obtaining reports from a Restorative Dentist
Once the above steps had been taken, Co-op Legal Services sent a detailed letter to the dental practice. This set out the full details of Mrs G’s claim, the evidence in support of the claim and a schedule of loss which outlined the appropriate amount of compensation that should be paid, along with an offer to settle.
In response, the dental practice’s legal representative admitted liability, but didn’t admit the extent of the injury and suffering experienced by Mrs G.
Co-op Legal Services entered negotiations with the dental practice. They initially offered to settle the claim for £18,500. We advised Mrs G that this offer was too low and this was rejected, along with further offers from the Defendant of £27,500 and £29,000.
Following further negotiations, Mrs G eventually accepted an offer of £30,500, to settle the claim.
This was a prolonged, difficult and emotional time for Mrs G but, with the assistance of Co-op Legal Services, a fair and appropriate conclusion was reached. In addition to compensation for the pain and suffering she had experienced, Mrs G also recovered the cost of her dental treatment, including her dental implants.