Each year in Britain thousands of cases of dental negligence are brought resulting in millions of pounds of compensation for the victims. Dental negligence specialist, Carol Cook, looks at some of the most common causes of dental negligence claims.
Endodontic procedures
Endodontic relates to treatment of the dental pulp and can include air embolisms, instruments left in canals, sinus perforations and nerve damage. Also a major issue are infections. Root canal treatments make up a large proportion of these kinds of cases. Recent cases dealt with have included several where the tip of an instrument has broken off in the canal and this is not identified or dealt with. Resulting in the failure of the root canal treatment and the potential loss of the tooth.
Periodontal disease
Periodontal disease is also known as gum disease or gingivitis and this is where bacteria is allowed to grow on the tooth affecting the gums resulting in inflammation or swelling, pain and receding gums. This should be diagnosed by the dentist and can usually be treated with regular hygienist treatments. Issues occur where this is not diagnosed or treated in a reasonable time frame.
At Applebys we often see cases where the dentist has failed to take X-Rays, complete basic periodontal examinations and implement appropriate treatment. This can result in the progression of the disease to such an extent that teeth may be lost.
These types of claims can often result in the largest compensation awards.
Extractions & Wrongful Extractions
Prior to an extraction an X-Ray should be taken to identify the location of the nerves. Where this has not happened or the X-Ray is misinterpreted then damage can be caused to the nerves that are lying close to the tooth. Problems can occur with severed nerves or other nerve injuries. This can be very serious and can result in the loss of feeling in the face.
Wrongful extractions occur more often than is commonly thought! At Applebys we see a large number of cases where the dentist has either failed to read the X-Rays correctly or has misinterpreted the precise location of the pain and has extracted the incorrect tooth.
Mandibular fractures are often caused by difficult extractions especially where the dentist has had to use some force to remove the tooth. It is common practice that a patient be referred for specialist hospital treatment for the extraction of such teeth. A failure to refer can be breach of duty and result in a claim.
Other issues can occur with regards to perforations of the sinuses. This in itself can be very serious.
Substandard crown, bridge treatment.
These can often involve multiple teeth as well as individual teeth. Poor work here can include overhanging restorations, inadequate cementation and poor occlusions. An occlusion is where the teeth of the upper and lower jaws meet.
Poor treatment in these areas can result in the loss of otherwise healthy teeth which may lead to dentures or implants being required.
Adverse reactions
These can include both reactions to drugs administered or a reaction to materials such as the latex used in the dentist’s gloves. Reactions can on occasion be very serious however, claims can be bought for milder reactions that have been suffered.
Failure to abide by the patient’s past medical history may be an issue here.
Orthodontics
This can include the fitting of braces and retainers. Where poor work is done many teeth can be affected and the loss of teeth can result.
Dental implants
Where an implant procedure has taken place it is very important that appropriate planning has been undertaken prior to treatment. Lack of planning or poor workmanship can result in the incorrect positioning of the implant. Failure of the implant can result, and infection after the operation can occur.
Dental anaesthesia complications
This is an area that often results in the most fatalities but fortunately is very rare. Anaesthetic problems can include failure to check past medical records for allergies, the insertion of the drug into a nerve rather than tissue and, amongst other things, an excessive amount of injections into an area resulting in gum loss and possibly the subsequent loss of teeth.
Dental infections
A failure to use properly sterilised instrument may result in an infection. However, more commonly a claim can be brought if the dentist failed to spot and treat an existing infection or the underlying cause for the infection. Abscesses, and septic arthritis are two of the issues that can result.
Oral cancer
A failure to diagnose oral cancer in a timely fashion can be an issue.