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January 29th 2016

Medical Negligence

£5,500 settlement for dental patient who had own compensation claim rejected

Sarah Scully

Sarah Scully

Solicitor, Clinical Negligence

£5,500 settlement for dental patient who had own compensation claim rejected

A pensioner who failed in a bid to legally represent himself over compensation for poor dental treatment was eventually awarded a £5,500 settlement after seeking expert advice from Hudgell Solicitors.

A pensioner who failed in a bid to legally represent himself over compensation for poor dental treatment was eventually awarded a £5,500 settlement after seeking expert advice from Hudgell Solicitors.

The man contacted our team of specialists after failing to bring about a claim himself when writing to the Dental Defence Union, an organisation that provides indemnity cover to dental practitioners and defends claims brought against dentists.

He was told he would need to seek proper legal representation to make a case against newly-qualified dentist Dr Beatriz Pastor, following treatment at the Smile Dental Clinic, in Paignton, Devon.

Medical Negligence Specialists

Sarah Scully, a medical negligence specialist at Hudgell Solicitors, said: “Our client had visited Dr Pastor in May 2012 to have his bridge replaced. Initially he was advised that a bridge would not be suitable. However, following a review he was advised that his teeth would support a bridge and so this option was perfectly feasible.

“Dr Pastor then went on prepare the bridgework and performed the treatment over the course of several months. However, our client was unhappy with the work that had been carried out and sought a second opinion from another dental practice.

“The second practice found the patient to be suffering from several dental problems and ultimately he had to have four teeth extracted.”

Hudgell Solicitors consulted a dental expert, who concluded that the bridge prepared to be fitted by Dr Pastor had minimal chance of being functional, and despite whatever warnings were given by the dentist, and whoever originally suggested the bridge treatment, it was not in the patient’s best interests to have this and was likely to fail.

Mrs Scully added: “Our client should not have been provided with that treatment option at the outset and it was when our client approached a second dentist that he was advised that the work that had been carried out was poor, and below an acceptable standard, as a result of which our client needed to have four of his teeth extracted.

“The claim would usually have been higher, but it transpired through medical evidence that the client’s teeth had a poor prognosis and would have come out at some point anyway.

“Our client tried to pursue a claim directly with the DDU but he was told that he needed to follow protocol and seek proper legal representation. He then contacted us and we managed to secure a settlement for the pain and suffering he has been through.”

Have you or someone you know been affected by dental negligence? Our team will ensure that your case is investigated thoroughly, and will take the worry and hassle out of making a dental negligence compensation claim.

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