Our client brought an action against an Orthodontist (the Defendant) following two incidents of negligence.
The First Incident
In late 2011, our client sought the installation of braces by the Defendant. 2 weeks later, our client became aware of increased grinding and pain to both her molars due to movement caused by the orthodontic treatment, and she was concerned of damage to the molars as a result, requested that the Defendant provide a mouth guard. The Defendant refused.
A few days later, the plaintiff noticed increased pain in both molars and attended a different dentist, who advised that a root canal procedure was required to be performed on both molars to eliminate the pain.
Following this, the Defendant provided a mouth guard. It was alleged that if the failure to provide the mouth guard sooner contributed to the damage in both molars and the need for her to undergo root canal procedure on both molars.
The Second Incident
In early 2014, the Defendant provided our client with 1/4 Heavy C latex elastic bands to use, without any explanation or warning. This replaced the lighter 3/8 light E Latex elastics which were provided to our client earlier by the Defendant. A month later, our client expressed concerns that the use of heavier elastics were causing the development of a “gummy smile”. The Defendant told her to continue the use of heavy elastics.
Another month later, our client was complained that her “gummy smile” was getting worse and the Defendant admitted that this had occurred due to the use of heavier elastics.
Following this, our client refused to continue her treatment and saw another dentist who advised her that the only option for the treatment of the “gummy smile” was a surgical procedure.
Our client was left with left and right molars requiring surgery, and an unsightly gummy smile which caused distress, anxiety and embarrassment in her social interactions.
Upon referral to our firm, our specialist medical negligence team, led by Mr Leslie Abboud, took the matter on a “no win, no fee” basis. He and his team studied the evidence carefully and meticulously before paying and seeking the expert opinion of a well-regarded dentist to prove the Defendant’s liability in both incidents.
After receiving the evidence, Mr Abboud and his team found that the Defendant was indeed negligent in not providing the mouth guard and for not properly warning the Plaintiff about the risks of using a heavy elastic.
Mr Abboud also arranged for our client to see an expert psychiatrist, where Mr Abboud paid the fees upfront for the assessment. The expert psychiatrist showed that the client had indeed suffered severe psychiatric injury from the incident.
Armed with strong evidence, Mr Abboud and his team quickly brought proceedings against the Defendant. As the matter progressed, they managed to negotiate and settle the matter outside court for the Defendant to compensate our client $150,000.00 due to the Defendant’s negligence.
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