The Claimant was 50 years old when she had her upper right seventh tooth extracted by the Defendant. The Claimant complained of a sharp pain immediately following the extraction. Eventually, the pain subsided. However, four years later, the Claimant began experiencing pain in the upper right quadrant and attended the Defendant again, with no treatment being offered. The Claimant also attended her GP who prescribed pain-killers.
The Claimant’s pain continued, and she saw her GP and the Defendant again numerous times. In February 2010 she was referred by her GP to a facial clinic where an abscess was incised and drained. At this point, the Claimant was advised that the root of the upper right seventh tooth was still in situ and she required an extraction. The Claimant then underwent a further procedure to have the extraction completed.
A letter of claim was sent to the Defendant in March 2011, alleging that the Defendant had failed to adequately remove the tooth and root, and failed to provide aftercare and either diagnose or advise the Claimant regarding the remaining root. A response denying liability was received in November 2011, together with a Part 36 offer to settle the claim in full and final settlement of £500. The Defendant asserted that it was acceptable practice for a tooth root to be left in situ to be removed at a later date, and that the Claimant, being a nervous patient, was not treated immediately but rather advised to wait. The Defendant also denied responsibility for any pain suffered as a result of the Claimant’s delay between registering at a new dentist and receiving treatment.
The Claimant made a counter-offer in December 2011 of £1,150, and the Defendant made a further offer of £850 in January 2012 which was accepted by the Claimant.
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