You will have sought root canal treatment to relieve pain because of a damaged tooth, so if you have experienced injury as a result as well as further pain you may be left wondering what to do. If you feel that the injury was due to negligence on the part of your dentist, you may have a claim for compensation.
Unfortunately, we receive a constant flow of claims that consist of substandard root canal treatments. It is a tricky dental procedure that is sometimes difficult to get right.
Find out more about root canal treatment and dental negligence in our full guide here >>
Are all failed root canal treatments negligent?
Not necessarily. Root canal treatment is a procedure used to repair and save a tooth that is badly decayed or becomes infected.
Unfortunately, despite a dentist’s best efforts they sometimes do fail, particularly if the tooth was badly decayed in the first place.
How do you know you have a successful claim?
Successful root canal treatment cases generally concern the following:
- A sodium hypochlorite spillage which has caused injury
- The tip of a file retained in or around the treated tooth, which the dentist who carried out the root canal treatment did not tell you about at the time of treatment
- The failure to fill the canals of the tooth completely, which generally occurs when a dentist fails to accurately record the lengths of the canals prior to treatment
- The failure to use a rubber dam (which is explained below), which has allowed bacteria to seep into the treated tooth and cause infection
- A perforation of the tooth which has occurred after a dentist has over filled a root canal, which can lead to nerve damage. Perforations need to be repaired as soon as possible, as they can cause bone loss otherwise
We would also investigate several other factors when assessing whether a root canal treatment was negligent, such as the failure to take x-rays (technically known as radiographs) before and after the treatment.
If you decide to contact the Dental Negligence Team, we will ask you to describe the events that have caused your concerns. Sometimes, we may also ask you to obtain your medical records or make a complaint to a dental practice. After we have all the information we need, we will let you know if your potential case has reasonable prospects of success.
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How long will it take to make a claim?
As a general rule, cases concerning substandard root canal treatment should conclude between 12-18 months after the first time you contact us. However, each case is different and this may vary dependent on the facts.
How much compensation might you receive? How is it calculated?
Any compensation received will depend on the injury you sustained. For example, if you sustain an injury to your soft tissues (this would most likely occur from a sodium hypochlorite spillage) you will receive less than if you lose a tooth.
Compensation received following a successful claim for dental negligence is calculated based on various factors, which you can find out more about in our guide to the process of making a claim here.
Recent cases
£6,000
Substandard root canal treatment
Samantha Swaby recovered £6,000 for a Claimant who suffered burns following a hypochlorite spillage during root canal treatment.
The Claimant attended for root canal treatment to her upper right second premolar (UR5) in January 2015. She immediately reported pain and discomfort, and a hypochlorite spillage was suspected.
The Claimant returned to the practice one week later and it was noted that she had a “lump” on her gum and lip, which had gone slightly numb. She was then referred to the Oral Maxillofacial Department of her local hospital, where it was noted that the sodium hypochlorite may have gone through the apex of her tooth.
She returned to the Defendant’s practice in March 2015 and was advised that she would require an extraction as her UR5 was unable to be root filled due to the previous event. Her UR5 was eventually extracted in May 2015.
£42,000
Substandard root canal treatment
Naomi Todd acted for a client who was awarded £42,000 for the substandard root canal treatment and the failing of her dentist to obtain appropriate consent when carrying out an extraction. The dentist did not obtain her appropriate consent, when extracting her upper left molar and Mrs C was left in a great deal of pain and shock and suffered significant bleeding from the site of the extracted tooth and required stitches.
Further the root canal treatment of her lower right molar was not carried out adequately. Her dentist had left a fractured instrument in the root, which caused Mrs C severe pain and suffering and caused her face to swell up and the tooth later required extraction. Mrs C suffered unnecessary pain and suffering, lost teeth unnecessarily and would require implants and additional treatment. Mrs C also suffered from Post traumatic stress disorder, which resulted in her becoming highly phobic of and avoidant of dental treatment, despite her pressing need for further dental treatment to tackle her on going dental problems
£7,000
Substandard root canal treatment
Stephanie Cockburn acted for a client who received £7,000 following a substandard root canal to an upper right molar. There was a failure to use a rubber dam, failure to adequately obturate the canals and the Defendant deployed an inadequate technical execution. This was not communicated to the client and she lost her tooth and would require an implant to restore her tooth.
