Dentist legal case settled out of court

Medical negligence legal cases can range from procedural errors causing minor suffering to very severe (sadly, even fatal) outcomes. It’s the reason why all health staff are required to be proficiently trained to prevent mistakes from occurring.

And you wouldn’t think that a comparatively straight forward dental procedure could lead to a £2.5m law suit …

BBC has reported of the mother seeking £2.5 million in damages after her son suffered a cardiac arrest following dental treatment at a practice in Glasgow back in 2002 (source).

The boy, now aged 14, has reportedly been left with severe brain damage after he visited a health centre to have four permanent teeth and 5 milk teeth removed, a procedure requiring a general anaesthetic. Unfortunately during the procedure a tooth crumbled as it was extracted, and a tube-like Laryngeal Mask Airway (LMA) was used to protect his airway.

The boy subsequently developed breathing difficulties and then spent almost 2 months in hospital following the incident and received physiotherapy, speech, and occupational therapy.

Lawyers acting for the boy’s mother alleged that the anaesthetist had a duty of care over the patient not to remove the LMA whilst he was deeply under the anaesthetic. They are seeking to recover compensation as it is alleged the boy will have difficulties living independently in adulthood for the rest of his life as a result of the brain damage.

Initially the defence denied liability for the incident alleging that the anaesthetist complied with all duties with reasonable care, however it is reported that the case has now been settled out of court with the particulars remaining unknown.

Medical negligence cases are often difficult to bring to a successful conclusion as there are so many variables that need to be taken in to account. Health workers must follow strict guidelines to ensure they do not fail in providing their duty of care to a patient.

If you have been keeping up with the news the NHS has been somewhat in the limelight recently, with hospital cleanliness and care standards criticised across the board. It may be a little more encouraging to hear that BBC have also reported that all new nurses in England from 2013 are to be degree educated in a move to improve standards (source).

If you require medical negligence legal advice, we strongly suggest you speak with an independent expert personal injury solicitor to find out where you stand.

Call 0800 634 7575 for expert legal advise.

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