Roisin Mimnagh, has settled a €60,000 dentist negligence compensation claim against her former dentist for an undisclosed figure in the Circuit Civil Court following a treatment that she said left her scared to smile.
Following the treatment of 50-year-old Mrs Mimnagh, the Court was informed that she had been shocked to see that an incisor had been filed away without her permission and filled in with an amalgam or composite.
Mrs Mimnagh legal counsel, David McParland, informed Judge Jacqueline Linnane that his client was someone who was normally happy with how she looked. She had made an appointment with Dr Anna O’Donovan, Griffith Avenue, Dublin, to have an incisor realigned. He stated: “To her horror she 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”.
Dr O’Donovan, represented Barrister Sarah Corcoran, informed the Judge that her client had entered a full defence to Ms Mimnagh’s legal action. However they had accepted that written consent for the specific treatment for her tooth had not been received prior to it being administered. She went on to say that the case before the court was not one of deciding liability but a matter of assessing damages.
Remedial work was carried out in 2013 shortly after the initial treatment. Mr McParland said Ms Mimnagh was still wearing an appliance on her tooth. He added that a dental expert was of the opinion her that she would need further realignment work.
Judge Linnane was informed by Mr McPartland that his client at first thought she was going to have some white filling applied to her tooth to make it look straighter. She was very traumatised when she later saw it had been filed away and an amalgam or composite applied to it. This left her scared to smile.
Judge Linnane told the Court that she had reviewed the pleadings and had found that the latest expert report was over three years old. Due to this she said that she would be unable to assess damages as the reports were outdated. As an alternative route, Judge Linnane suggested some talks about settling the case. Ms Corcoran informed her that Dr O’Donovan had always had “a significant willingness” conduct talks. Mr McParland returned to Court shortly later to advise the Judge that the case had been settled and could be struck out with an order for Ms Mimnagh’s legal costs to be taxed in default of agreement.