The High Court awarded a woman €88,357 in damages after a dental instrument caused a deep cut to her tongue during treatment in April 2016, leaving her with permanent nerve damage and ongoing psychological effects.
The defendant, dental surgeon Mairead O’Connor, had accepted liability for causing the injury. The only issue at the trial was the assessment of damages, Mr Justice Barr said in a judgment delivered on 11 July 2019.
The plaintiff, Mairead Molly O’Brien, attended Callan Dental Practice in County Kilkenny to have a filling repaired. The court heard that an instrument, probably a polishing disk, struck the underside of her tongue. The defendant sutured the cut, and O’Brien later attended South Tipperary General Hospital, where medical staff administered an anaesthetic and inserted three further sutures.
The intense pain lasted a little over a week and then eased over the following three to four weeks. The court accepted evidence that the injury had left an area of permanent nerve damage, causing a constant burning or tingling sensation. The sensation affected O’Brien’s enjoyment of intimacy with her husband, the judge found.
O’Brien also developed a severe fear of dental treatment. A psychiatrist diagnosed post-traumatic stress disorder in 2017. By June 2019, she no longer met the criteria for PTSD and was assessed as having a moderate adjustment disorder, while the dental phobia continued. The psychiatrist considered further cognitive behavioural therapy would help, and the judge said improvement was hoped for.
The judge accepted O’Brien’s account of her injuries and recovery, including her explanation for delaying therapy while dealing with a complicated pregnancy, a new baby and back pain. He said the defendant and the practice owner had apologised and accepted responsibility, and noted that the defendant’s defence had admitted liability.
The court awarded €40,000 for pain and suffering to the date of judgment and €45,000 for future effects, some of which would last for life. It also allowed €3,357 in special damages, including childcare costs and the husband’s losses from accompanying her to medical appointments, bringing the total to €88,357.