The Claimant (C) aged 26 at date of injury and 33 at date of settlement sought damages for dental negligence against the Defendant.
On the 3rd August 2005 C underwent surgery at the Defendant’s dental practice for the removal of one wisdom tooth, due to re-occurring pericoronitis. During the removal of the wisdom tooth, damage was caused by the Defendant to the left lingual nerve. This resulted in numbness and pain, a partial loss of taste, difficulty in speaking and psychological problems as a result of the negligence by the Defendant. C underwent surgery at the Royal Hallamshire Hospital where 1 ½ cm of damaged nerve was removed. Despite the operation C continued to experience pain and difficulty. C is still having ongoing treatment for pain management due to the residual chronic pain in his tongue. The condition is permanent. The Defendant admitted liability for breach of duty and the damage caused.
Liability was admitted and proceedings were not issued. The case was settled in August 2012. The Defendant had made an initial offer of £25,000.00. This was rejected. A further offer of £75,000 was also rejected. The claim settled at a meeting between the solicitors for £100,000 and included general damages, past and future loss of earnings and the cost of past and future treatment for pain and psychological problems.
Solicitor for the Claimant: Ms Mehmooda Duke of Moosa-Duke Solicitors
Counsel for the Claimant: Mr Jonathan Jones of No 5 Chambers