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Case studies

Compensation awarded following negligent dental treatment

We acted on behalf of our client in relation to a claim against her dentist arising out of his failure to properly undertake and complete orthodontic treatment over a period of 6 years.

Our client was a teenager throughout this period – a very important time for the development of her teeth.

How we helped

After intimating the claim, and being advised by the defender and his Union that they would be defending the claim, we thereafter raised and served a court action.

We sought compensation on behalf of our client for the damage done to her teeth for the failure to treat, but also for the psychological ongoing problems our client suffered from as a result of the very poor appearance of her mouth and teeth. She found it particularly embarrassing to smile or indeed, eat in public.

Outcome

Even after raising the action, the Defender continued to vigorously defend the action. It was only after extensive negotiation and production of expert reports from an independent dentist as well as an orthodontist that the defenders eventually agreed to pay damages. They did so very shortly before the case was due to be heard in the Sheriff Court in Edinburgh at Trial.

Case Study Author: David Armstrong

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