An undisclosed dental settlement has been agreed following talks at the Circuit Civil Court between Roisin Mimnagh, a patient who was left scared to smile following an unauthorized dental treatment, and the the dentist that provided treatment.
Solicitor David McParland, appearing on behalf of Mrs Mimnagh,told the presiding judge that Mrs Mimnigh is normally ok with her appearance. She wished to have an an incisor realigned and booked an appointment with Dr Anna O’Donovan, Griffith Avenue, Dublin. Mr McParland stated: “To her horror she (Mr Mimnagh) afterwards found that her tooth had been filed away and replaced with an amalgam or composite that was smaller and shorter and different from her original tooth”.
Prior to the treatment, Ms Mimnagh saids that the thought she was going to have some white filling applied to her tooth to make it look more straight. However when this is not what happened and the tooth in question had been filed away and replaced with an amalgam composite she suffered a traumatic reaction. She was quite emotion and unhappy with her smile as she not given her permission for this course of treatment to be completed.
Remedial treatment was carried out, not long after the initial appointment, during 2013. However, Ms Mimnagh, according to Mr McParland, still wears an appliance on her tooth and an independent dental expert has told her that she requires additional realignment work.
Dr O’Donovan submitted a full defence to Ms Mimnagh’s legal action through her legal counsel while admitting that written consent for the specific treatment for her tooth had not been obtained from the patient given. The Judge was also informed that the case before the court was not one of deciding liability but a matter of assessing damages.
However, as the most up to date medical report was around three years old Judge Linnane said that she would be unable to assess final damages at this time and she suggest that the parties conduct talks to try and settle the case.
Talks took place and the Judge was informed that the case had been settled and could be dismissed.