F -v- Karia

F v KARIA (2005)

Out of Court Settlement 20/4/2005

The claimant, a 35-year-old woman, received £5,000 for the sub-standard root canal treatment of her LL6 tooth in April 1997 and for the failure to diagnose and treat caries in her LL7 and LL5 in May 2001. The claimant subsequently lost both her LL6 and LL7 teeth.

Claimant: Female: 31 years old at date of treatment; 35 years old at date of settlement.
Clinical Negligence: In April 1997, the claimant's LL6 was root treated by the defendant. No radiographs were taken prior to the root canal treatment. A subsequent radiograph taken in May 2001 revealed that silver points used to root fill the canals of her LL6 had perforated through the apex of the tooth. In May 2001, radiographs were also taken of the claimant's LL5 and LL7, which revealed secondary caries in her LL5 and mesial caries in her LL7, however, no treatment was carried out by the defendant. In July 2004, the claimant attended another dentist complaining of a cracked tooth in the lower left quadrant with associated problems with her LL5, LL6 and LL7 teeth. The dentist noted that her LL6 had cracked and the surrounding area was infected. He also noted that silver points used to root fill the canals of LL6 had perforated through the apex of the tooth. In July 2004, the claimant's LL6 and LL7 were both extracted. In August 2004, the claimant's LL5 was restored by her new dentist. The claimant sustained injury and brought an action against the defendant alleging that he was negligent in the dental treatment he performed and that he failed to: (i) take adequate clinical notes and records; (ii) take pre-operative and diagnostic radiographs when undertaking root canal treatment to LL6; (iii) take adequate care in the root canal treatment to LL6 by overfilling one of the canals of LL6 with silver point and perforating the distal root of the LL6; (iv) use gutta percha and sealer; (v) restore the mesial surface of LL7; and (v) re-fill the distal area of LL5. Liability admitted.

Injuries:	The claimant suffered pain at LL6 as a result of the substandard root canal treatment, and pain at LL5 and LL7 due to the failure to diagnose and treat caries.
Effects:	The claimant suffered pain at LL6 as a result of the sub-standard root treatment. The apex of the LL6 tooth was perforated during treatment causing it to crack and the area surrounding the LL6 tooth became infected and the tooth had to be extracted. The claimant also suffered pain at her LL5 and LL7 due to the untreated caries. The claimant's LL7 had to be extracted on 6 July 2004. Prognosis: The claimant's missing LL6 and LL7 could not be replaced with implants. It was agreed that the claimant would not be a suitable candidate for implants due to the bone loss in her lower jaw.
Out of Court Settlement: £5,000 total damages. Breakdown of General damages: Pain, suffering and loss of amenity: £5,000