Compensation for Surgery without Consent

Compensation for Surgery without Consent

£70,000 Settlement

Pryers helped Kirsty claim compensation after undergoing a different surgery than planned which led to nerve damage in her mouth. She had avoided wisdom teeth extraction for years knowing the risks. So when they performed this surgery without her consent, it surprised her.

Wisdom Teeth Complications

Kirsty, a young telephone customer service advisor, enjoyed balancing working and looking after her young family.

She was fit and healthy but in 2011 she began to experience some pain with her wisdom teeth, despite them not yet coming through. In 2013, Kirsty was referred to the hospital over complications with her wisdom teeth.

The hospital recommended that she have her lower wisdom teeth extracted. However, they noted that the roots of both the lower wisdom teeth had a very close relationship with the inferior dental nerve and warned that the extraction could lead to nerve damage. Kirsty, therefore, declined surgery.

Despite ongoing problems with her teeth, she continued to decline extraction for the next three years, fearing nerve damage.

Surgery Without Consent

In 2016, Kirsty went to Stepping Hill Hospital. The doctors discussed the possibility of her receiving a coronectomy of her lower wisdom teeth; removing the crown of the tooth while leaving the root in place. During the discussion, doctors advised her that the risk of nerve damage would be minimised because the roots would be left in place. Despite this, there had been no agreement or suggestion that they would need to perform an extraction during the surgery should they become mobile.

Unfortunately, the surgeon did not attempt to carry out the coronectomy, but instead performed the full extraction, without consent from Kirsty. She would have declined the surgery, like before, if they had made her aware of this possibility.

As she always feared, the extraction surgery caused severe damage to her left lingual nerve.

Negligence Aftermath

The nerve damage caused Kirsty to lose sensation in the left side of her tongue, and ultimately to that side of her jaw. Eventually, this sensation developed into a numb and cold feeling, with additional stinging, burning and pins and needles.

This meant that she developed a lisp, which made it increasingly difficult and painful for her to speak. Unable to do her telephone-based role anymore, she moved into an online chat-based role. Sadly, Kirsty continues to suffer from further difficulties. Because of this, she was forced to reduce her working hours.

Kirsty said; “The pain is usually aggravated by talking and is quite unbearable by the end of the day. Although I have moved to an online chat team, I still need to communicate with colleagues throughout the day. Shorter days was the only way I could endure it. But I can’t work any additional days due to childcare cover, so I’m out of pocket every month.”

Kirsty’s sudden difficulties with communicating and working meant she struggled to keep herself motivated. She started withdrawing from social activities and began to feel depressed. Her speech had already affected her job, so she worried that it might also dampen down her aspirations at progressing her career further. She tries to carry on and enjoy her work and personal life, but often finds the pain and discomfort gets in the way.

Compensation for Surgery Without Consent

Feeling depressed and frustrated Kirsty turned to Pryers. With our help and advice from a Consultant, we sought to right the wrongs made by the hospital. The Consultant, unfortunately for Kirsty, advised us that the injury may be permanent and she was unlikely to see any improvement with surgery or pain management. This, however, became a large contribution to the claim, with Kirsty being only 27, her injuries are likely to continue to impact her financially and mentally.

The defendant, ultimately, had no other choice than to admit liability on the basis that Kirsty never knew about or consented to the surgery. Had Kirsty known what the surgery would entail, she would have declined it. In the end, with our help along with the help from the Consultant, we obtained £70,000 for Kirsty.

Kirsty concluded; “I was extremely pleased to accept this offer. My reduced hours put a massive dent in my ability to save and apply for a mortgage. So I’m looking forward to now putting some of it down as a deposit on our first family home.”

Claiming Compensation for Dental Negligence or Negligent Surgery

If you have suffered from dental negligence or negligent surgery like Kirsty, Pryers Solicitors can help you claim the compensation you deserve. Contact our experienced team of solicitors, who will be able to advise you on a no win no fee basis.

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