In a recently published case – Jones v Braund (No. 2) [2020] NSWDC 54 – a man was awarded more than $177,000 in damages for suffering after having a failed dental implant procedure.
Failed dental implant procedures are a common reason for dental negligence claims. See our Health Law team’s client information sheet for more information on making dental negligence claims.
Inappropriate dental implant procedure goes wrong
The patient, Mr Jones, saw a newspaper advertisement for an All-on-4 dental implant procedure. This involved removing his teeth, installing implants and receiving a prosthetic denture.
Despite having a history of problems with his teeth and a heart condition a dental surgeon said the procedure was suitable.
The procedure was not successful and Mr Jones suffered injuries and disabilities.
He was left with destroyed bone in his upper right jaw, his prosthetic bridge was fractured and the implants were exposed. The operation caused severe bleeding. This led to difficulty chewing, eating and the development of speech difficulties. The experience was very distressing and led to anger, anxiety and a loss of self-esteem.
The case for justice and compensation
Mr Jones brought a dental negligence claim against the surgeon in the District Court of New South Wales his legal team argued the surgeon breached his duty of care to him by:
- incorrectly assessing him as being suitable for the procedure
- failing to consider his medical history by not consulting with his cardiologist and endodontist before undertaking the procedure
- failing to advise him about alternative treatment
- failing to disclose the risks to him
- failing to administer the procedure with reasonable care and skill.
The surgeon asserted he performed the procedure in accordance with widely accepted professional practice. He said he had warned Mr Jones of the risk of failure of the implants.
Favourable decision for the patient
There Court found the surgeon was negligent in
- failing to secure the screws which caused the bridge to fall out a few days after the procedure
- leaving loose threads which contributed to the failure of one of the implants and its replacement.
Mr Jones sought and was awarded damages of $177,823.12 for:
- non-economic loss $23,030.00
- past, out of pocket, expenses $54,793.12
- future, out of pocket, expenses $100,000.00.
Let us fight for you or your loved one
Taking legal action can also help change health care practices and hold health care professionals to account so other people do not have to experience what you went through.
If you or a loved one have experienced poor quality dental surgery, do not hesitate to talk to one of our caring, expert, health lawyers about the options available to you. Simply call 1800 874 949 or fill in the form below, and we will be in touch.
