DENTAL NEGLIGENCE CASE SETTLED FOR SUBSTANTIAL SIX FIGURE SUM

Karen Kearney, Ernest Cantillon  and Karen’s  team in the Medical Negligence Department of Cantillons Solicitors were delighted to settle a dental negligence case at Mediation on the 25^th April 2024, for a substantial six figure sum together with High Court costs and the costs of the Mediation.

The case arose out of negligent care afforded to our client by a dentist  in respect of implant treatment carried out on our client between the 4^th April 2013, and the 8^th January 2014, and in the care afforded to her thereafter, in respect of the implants and which ultimately failed in June 2020, and when the bridge had to be removed by the dentist.  Two of the implants were attached to the bridge and so when the bridge was removed, they were removed.  Another one of the implants came out of our client’s nose 10 days later and there was another that remained sticking into her nasal cavity where it remained until its removal by a dental practitioner employed by her to repair the damage caused by the negligent dentist on the 14^th May 2021.

The dentist  insisted to our client that the failure of her implants was her fault; that she had not been cleaning them properly.  She received no apology and lost all trust in him and decided to get a second opinion from another dentist who  took x-rays and he told our client  that he was not at all surprised that the implants had failed, as there was not enough bone there to hold them.  He referred our client to an appropriately qualified dental specialist  who took further scans and x-rays.   He also  told our client that he was surprised that the implants have lasted as long as they had as there was no bone there to hold them.   This conversation prompted our client to engage us to investigate the matter for her. As part of those investigations, we took up copies of our client’s dental records and engaged a dental expert to review them and he confirmed  in his report that the dentist was negligent in his treatment of our client.  On foot of the dental expert’s report, we  issued  proceedings  and prosecuted her claim in the High Court.

Arising out of the dentist’s negligence, our client  had to undergo numerous procedures to include a bilateral sinus lift and bone graft; four new implants  and the insertion of a titanium prothesis that is screwed onto the implants and which is designed to remain in place.  This prothesis can be removed by our  in order to maintain good oral hygiene underneath.  The final prothesis was inserted on the 7^th October 2022. In the intervening period our client had to have all her food mashed up as she was unable to bite into food.   She required significant care and assistance,  to include assistance with grocery shopping, preparing and cooking her meals, cleaning the house etc. We arranged for a Care expert to cost this care provided gratuitously by her daughter.

Our client had a horrific time of it. Not only did she suffer financially (the initial work and remedial work cost our client €36,000),  physically and psychologically as a result of the negligence, the negligent dentist then added insult to injury by defending the claim and denying liability until in July 2023, we received a phone call from the solicitor for the dentist in which he  acknowledged for the first time that the care afforded to our client was substandard and that she deserved to be compensated. No apology was proffered however.  We were issued an invitation to settlement talks but  told that no offer would be forthcoming in respect of her claim for care; that he had never seen a dental case which had given  rise to a need for care .  We refused the invitation to settlement talks and set about getting a date for hearing of the Trial in the High Court in Dublin. This  refusal by us to engage caused an about turn and a concession that  the Defendants would indeed engage  on the care claim . The matter was ultimately settled at Mediation, some six months prior to the hearing date. The compensation we achieved for our client included a   significant sum for her past pain and suffering,  the €36, 000 for her dental expenses and a substantial contribution towards her claim for care .  No more than she deserved.  Our client achieved the justice she had fought for so long to get and  she now has peace in her life and can put this torrid time  behind her.

Contact us at Cantillons Solicitors at +353 (0)21 4275673 or info@cantillons.com  if you would like more information.

* In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.  Many Personal Injury Solicitors portray themselves as “no win no fee Solicitors Cork”. This term can be misleading and it is essential that you discuss fees with the Personal Injury Solicitor you ultimately choose. At Cantillons Solicitors, we are entirely transparent.