Periodontal claim

Periodontal Claim

H v DE GRAFT (2005)

Out of Court Settlement 9/5/2005

The claimant, a 37-year-old man, received £5,000 for the failure to diagnose and treat periodontal disease and for the negligent placement of crowns and bridgework in 2001. The claimant required an intensive course of periodontal and restorative treatment.

Claimant: Male: 29 years old at date of accident; 37 years old at date of settlement.
Clinical Negligence: In February 2001, the claimant first attended the defendant complaining of pain from the area where his UL2 tooth was lost. No preliminary assessment was made of the claimant's general oral health. However, the defendant prepared and placed crowns on two of the claimant's upper anterior teeth within three days and within the following two weeks had prepared and fitted another six crowns and bridges at UL1, UL2, UL3, LL1, LR1 and LR2. No radiographs were taken by the defendant prior to treatment. In May 2001, the claimant re-attended the defendant complaining of pain radiating from his lower incisors. An infection was noted around UL4, UL5, UL6 and UL7 and a decision was made by the defendant to refer the claimant to a specialist endodontic practice for apicectomy of his lower incisors. In February 2002, the claimant attended the defendant complaining of pain in his upper right quadrant. In October 2002, the defendant extracted the claimant's LL8 and LR8 under general anaesthetic. The defendant also removed a cyst from the claimant's LL8 region. The claimant continued to suffer pain from his lower incisors a year after the apicectomies and extractions had been carried out. In December 2003, the claimant attended a restorative specialist who advised the claimant that he was suffering from chronic periodontal disease. The existence of periodontal disease could be seen on radiographs which had previously been taken by the claimants previous treating dentist in 1999. The claimant brought an action against the defendant alleging that he failed to: (i) properly assess his oral health prior to carrying out the crown and bridgework; (ii) take any pre-operative radiographs prior to commencing crown and bridgework; (iii) diagnose and treat his periodontal disease; (iv) refer him for further treatment; and (v) provide an adequate treatment plan. Liability admitted. It was accepted that the claimant was a smoker and went for long periods between attendances. It was also accepted that the defendant had only treated the claimant over a three-month period.

Injuries:	The claimant suffered from chronic periodontal disease and abscesses causing pain over a five-year period.
Effects:	The claimant suffered dental pain and social embarrassment of suffering periodontal disease at the age of 29. Prognosis: The claimant would require an extensive course of periodontal and restorative treatment.
Out of Court Settlement: £5,000 total damages. Breakdown of General Damages: Pain, suffering and loss of amenity: £5,000