Dental Filling Applied Negligently Claim Settles for Five Figure Sum

Mr B had a routine filling to a lower left tooth in 2012. Following the procedure, Mr B noticed that he was in a considerable amount of pain around the area of the filled tooth.

Mr B’s symptoms did not improve. His jaw was swelling and he was struggling to open his mouth. He was unable to eat or sleep and returned to his dentist to report the problems. His dentist advised that the pain would settle and prescribed pain killers before sending Mr B home.

Despite returning again two days later in excruciating pain, as well as calling his dentist subsequently to explain that his symptoms were no better, the dentist refused to remove the tooth but suggested re-filling it. Mr B agreed to the re-fill of the tooth but this still did not resolve the symptoms.

Eventually, with worsening symptoms, Mr B attended hospital where he was diagnosed with a severe infection. He underwent surgical removal of the tooth and drainage of the abscess that developed.

Matthew Olner, a member of our Clinical Negligence team, represented Mr B in an action against the dentist for failing to advise of the need for and to take a dental x-ray; failing to carry out any or adequate investigations to determine the cause of the pain; failing to advise the claimant that treatment was necessary; failing to advise of the option of root canal therapy and for performing an unnecessary filling without informed consent.

The claim against the Dentist was settled for a five figure sum.

Mr B provided the following feedback for Nelsons: “I was very satisfied with all the legal advice given and the way my case was handled.”