£5K damages for local man after botched dental operation
Specialist dental negligence solicitors, the Dental Law Partnership, have won nearly £5,000 in damages for a man from Kent after a botched tooth extraction left him in agony and needing emergency treatment.
Hugh Pattison, a construction project manager from Ashford in Kent has recently won an 11-month legal action against Dr H Mehdi Zadeh Hosseini from Oradent dental clinic in Ashford after the dentist failed to use reasonable skill and care in the diagnosis, treatment and extraction of a rotten tooth. The dentist also inappropriately prescribed a type of penicillin antibiotic – Amoxicillin – despite knowing that Mr Pattison was allergic to penicillin.
Associate solicitor, Heather Owen at the Dental Law Partnership, said: “Hugh’s case was one of mistreatment and incompetence, compounded by a catalogue of errors from his dentist, Dr H Mehdi Zadeh Hosseini. He failed to use reasonable skill and care in the diagnosis and timely treatment of the tooth for over three years. Once diagnosed, he then failed to use reasonable skill and care in the technical extraction of the tooth, causing unnecessary pain and suffering for our client.”
During the botched treatment, Dr Hosseini failed to adequately separate the root and remove bone to allow the tooth to be successfully removed. During several attempts to remove the tooth, the forceps slipped suddenly off the tooth and were sent ‘crashing’ into the roof of Mr Pattison’s mouth. The dentist also failed to anaesthetise the area correctly, inappropriately prescribed Amoxicillin and then failed to pass on X-rays to the emergency dentist in Margate, delaying this further treatment by nearly three weeks.
Hugh said: “The initial failed extraction was like torture – it’s the only way I can describe it. The whole process was a catalogue of errors from a dentist that was totally incompetent.
“Dr Hosseini should have never attempted to remove the tooth knowing full well that it was rotten in the middle and therefore not strong enough to withstand the pressures from the forceps – he should have referred me immediately to the emergency dentist and saved me nearly an hour of intense pain in the dentist’s chair and weeks of additional unnecessary pain and discomfort.
“I feel completely betrayed by Dr Hosseini. At no stage did he make any apology or express any remorse for his actions. We are supposed to be able to put our faith in medical professionals and trust them to make the right decisions. Unfortunately I did trust him and he made totally the wrong call.”
In February 2014 Hugh instructed specialist dental negligence lawyers at the Dental Law Partnership to take up his case. His claim was eventually settled out of court for £4,885 in January this year, though Dr Hosseini did not admit liability.
Hugh continued: “I am really pleased with the outcome and the professional way in which the Dental Law Partnership handled the case. However, the whole episode has set me back both physically and mentally. I am now completely petrified of visiting the dentist again. I know I need to go back before it’s too late but it’s a huge challenge for me to overcome. I have recently undergone a major hip replacement operation and I can honestly say that I was less worried about walking into the hospital for that procedure than I would be walking back into a dental practice again.”
Mr Hugh Pattison
“At the end of 2014, I was beginning to suffer toothache, especially when I ate so I thought I’d book an appointment at my regular dentist of five years, Dr Hosseini at Oradent in Ashford, Kent and just expected a routine check-up.
“When I visited my dentist, he examined my teeth and said that he would need an X-ray. He conducted that immediately and went through the results of the X-ray with me.
“He said that one of my lower-right molars was totally rotten in the middle. He recommended that it be extracted straight away as he was very reluctant to leave it in. He explained that I would feel some discomfort while the tooth was being extracted but then once it had been removed, it would be fine.
“I have been attending the same dental practice since I moved to Ashford about five years ago and Dr Hosseini was well aware of my lifelong fear of the dentist and injections. Over the years I was able to manage this a little better as I learned to put my faith in these healthcare professionals who were supposed to know best.
“I agreed to immediate extraction, as this is what he had recommended. However, after only a few seconds, I knew something was definitely wrong. No sooner had he administered the first anaesthetic injection, he went straight in with the forceps and other instruments, pulling at the tooth. Unfortunately, he had failed to loosen the gum sufficiently and on the third pull, the tooth snapped off in my mouth, leaving the live nerves of the rotten tooth exposed and sending the forceps smashing into the roof of my mouth.
“I thought he’d smashed all my front teeth out – I was nervous beforehand but at this stage, I was scared to death.
“After a few minutes of settling down, he continued the extraction and attempted to drill the rotten tooth in half so that he could remove the remaining bits of the root. It was clear that Dr Hosseini had not anaesthetised my gums enough as I could feel the drill – it was extremely painful.
“He administered another injection and then tried to extract the parts of the root with the forceps again. I felt a sudden jolt and heard a big snap. I thought he’d finally pulled the tooth free but all he’d manage to do was snap another bit off the tooth – He continued this a further three times but the jaw-breaking pressure just got too much.
“He then injected the root again – the ninth such injection – and this time the needle hit one of the exposed live nerves. I couldn’t stand the intense pain any longer and I leapt out of the dentist’s chair, punching the wall in intense pain.
“I went into the waiting room for a further 10-15 minutes to calm down. It was at that point I realised it wasn’t right and we agreed that the extraction should not continue. Dr Hosseini booked an emergency appointment to get the rest of the tooth extracted – he promised that this would be within the next couple of days and prescribed antibiotics in the meantime.
“I immediately picked up my prescription from the pharmacy and started taking the prescribed dose. A week passed and I still had no confirmation of my emergency appointment. Also, in that time, my face started to swell up and was getting quite painful and really sensitive. It was obvious that the antibiotics were not working so I returned to the pharmacist who stated that the drugs that I had been prescribed were not suitable for the after effects of tooth surgery.
“I was livid by this point and went straight to the dentist in order to get the correct prescription. Dr Hosseini was unrepentant said he couldn’t give me the right ones as I was allergic to them. Fortunately, the owner of the surgery got involved him and prescribed me the right antibiotics which brought the swelling down within a few days.
“Finally, nearly three weeks after being booked in for ‘emergency’ treatment, I was sent confirmation of my appointment in Margate. However, this was ultimately delayed further by a couple of days as Dr Hosseini had failed to send them my X-rays, despite having nearly three weeks to do so.
“The treatment I received from the emergency dentist was fantastic. I was understandably nervous but they were really caring. No sooner had they administered the partial sedation treatment, I was waking up in the recovery room with no pain and no rotten tooth!
“Following the treatment, I could not eat any solids and had to rinse with a salt solution for the first week in order to keep any infection away from the wound. Longer term, it took a few months before I was able to eat properly and for the sensitivity in the gum to disappear.”
The Dental Law Partnership is still open and here to help with your claim. Please call today