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| B v CARDIFF & VALE NHS TRUST (2004) | |
| Out of Court Settlement 12/11/2004 | |
| The claimant, a 23-year-old woman, received £12,000 for the right side lingual paraesthesia sustained following extraction of her lower right wisdom tooth in March 2004. The claimant suffered from partial numbness and loss of taste to the right-side of her tongue. | |
| Claimant: Female: 23 years old at date of accident; 23 years old at date of settlement. | |
| Clinical Negligence: On 30 March 2004, the claimant was admitted to the defendant’s
hospital for the extraction of her LR8 tooth. No adequate warning of the risks associated with the surgery was given to the
claimant. Her clinical notes simply stated "warning given". On 21 April 2004, the claimant returned to the defendant complaining of persistent paraesthesia of the right-side of her tongue. The claimant was unable to differentiate between hot and cold things on the right-side of her tongue and had slurred speech when she was tired. On examination, numbness was found on probing the lingual gingivae. The claimant brought an action against the defendant alleging that it failed to: (i) advise the claimant of the proximity of the inferior dental nerve to the apex of the LR8; (ii) obtain valid consent to extract the tooth; (iii) adequately warn the claimant of the risks of paraesthesia; and (iv) adequately record any warnings given in the claimants dental notes. Liability admitted. The defendant argued that motor function is supplied by the facial nerve and was not affected in the claimants case. This was accepted by the claimant. | |
| Injuries: | The claimant suffered from right sided paraesthesia following the surgery. |
| Effects: | The claimant suffered from persistent right-sided paraesthesia to her tongue and gingivae,
loss of sensation, and loss of taste. The claimant did not experience any pain due to the numbness. Prognosis: The claimants paraesthesia was deemed to be permanent but her condition was not expected to deteriorate any further. |
| Out of Court Settlement: £12,000 total damages. Breakdown of General Damages: Pain, suffering and loss of amenity: £12,000. | |
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