Our client contacted us following a dental appointment for the removal of a molar. Our client was advised that he required the removal of two teeth, his UL7 and ULD, however, during the procedure, the UL6 was incorrectly removed in place of the UL7.
A claim was intimated to the treating Dentist and the Dental Practice.
Denial of liability
Throughout the claim, liability was denied as the Defending solicitors, representing both the treating dentist and the dental practice, advised that the instructions for the referral were no longer available. Therefore, they maintained there was no proof of what the instructions stated.
How we helped our client
Given both parties were unable to obtain a copy of the initial instructions contained within the referral, we had to explore alternative avenues to challenge the denial.
We contacted the referring dentist to confirm the details of the referral and what treatment was recommended. This information was passed onto the Defenders advising that we would proceed with a court action should they maintain their position.
Subsequently, a full admission of liability was made on behalf of the treating dentist.
Settlement
As our client had a tooth wrongfully removed, we were able to obtain quotes for a dental implant and include figures for future treatment within the claim.
2 months after the admission of liability, settlement was agreed just short of £10,000 for the injury and future treatment.
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