Cases and insights

Practical insights drawn from cases and expert analysis.

Cases and insights

Practical insights drawn from cases and expert analysis.

The missed canal - A patient complaint despite best intentions

Jun 25, 2026, 10:30 by User Not Found
Dr James Foster, Dentolegal Consultant at Dental Protection, shares a case on a patient complaint, despite best intentions.

The case 

Patient Mrs M attended Dr W complaining of pain from upper second premolar and following a diagnosis of irreversible pulpitis, treatment options were discussed. The patient wished to save the tooth, so root canal treatment was decided upon. The treatment was completed in a single visit. Mrs M was warned that the tooth may well be painful following the visit however it should soon settle. 

The patient rang the surgery two days later stating that the pain was still present and asked to be seen again. The receptionist remembered Mrs M who had received root canal treatment. The receptionist took it upon herself to suggest that the pain was likely because of the treatment just performed and assured the patient it would settle and she should take some over the counter pain killers to help. 

The patient was not very happy to receive the message but left it there and said they would call back in a couple of days. Unfortunately, the pain did not improve and when the patient did call back, she spoke to another receptionist to be told the dentist was not in surgery that day, but she could try again after the weekend. 

Frustrated and angry the patient took herself off to another practice and obtained an emergency appointment. The new dentist took radiographs and informed her that in his view the root canal treatment was short and there appeared to be a missed second canal, which was then accessed and dressed. The patient was informed that a further appointment would be required to complete the treatment. Upon hearing the news, the patient launched a complaint to the first dentist and demanded that he pay for remedial treatment, or she would report him to the Dental Council. 

How did Dental Protection assist 

Dr W was naturally upset to receive the complaint and contacted Dental Protection. He was asked to send the records and radiographs through to us and was advised to ask the patient for a report from the new dentist so he could understand the issues and act appropriately to resolve the matter if possible.

The radiographs from the new practice confirmed there was a second canal which unfortunately had been missed and the member would be vulnerable to criticism should the matter be investigated either by the Dental Council or by an expert instructed by the patient’s lawyer in the event of a claim.

Recognising the vulnerability and using our discretion to intervene at an early stage, Dental Protection discussed the best approach with the member. In these circumstances, all agreed that it would be appropriate to cover the costs for the remedial treatment (then reimbursed to the member by Dental Protection) and for the costs of the unsuccessful first root canal treatment to be refunded by Dr W. Given that the patient had been disadvantaged for a short while, this offer was felt proportionate and thankfully was accepted by the patient to conclude the matter, which did not escalate any further. 

The benefit of using our discretion enables Dental Protection to provide early intervention to situations that may otherwise escalate into claims or Dental Council investigations. Unlike many insurance policies, we do not say wait until you receive a claim or Dental Council hearing dates and are proactive in supporting our members at crucial times in their professional lives.

Summary 

  • Contact Dental Protection as soon as a problem arises and we can look to assist at that early stage and reduce the risk of escalation 
  • In the practice, ensure good communication between the surgery and reception to ensure messages are aligned and to avoid further predisposing patients who are already unhappy with their experience 
  • We would encourage all members to be aware of the benefits of membership which go above and beyond those listed by an insurance policy