Select location
Membership information
0800 561 9000
Dentolegal advice
0800 561 1010
Refine my search

Protecting yourself against the unexpected

Post date: 11/07/2014 | Time to read article: 1 mins

The information within this article was correct at the time of publishing. Last updated 14/11/2018

Even when you’ve done everything by the book, unforeseen circumstances can result in a serious complaint. Keeping careful records and referring as soon as possible are always advised..

A dentist examined a patient who had a soft-tissue swelling in his lower jaw. Following an examination, he concluded that the swelling was an acute periodontal abscess and treated the patient with antibiotics and local curettage.

The patient’s problems did not resolve over the next month and eventually the dentist, with the consent of the patient, extracted the offending tooth.

The socket failed to heal and as soon as the patient presented with paraesthesia as well as pain, the dentist made an urgent referral to the local maxillofacial unit. The patient was seen almost immediately and a biopsy confirmed a non-Hodgkin’s lymphoma.

The time between the initial consultation with the dentist and the subsequent biopsy was less than six weeks, but this did not prevent the patient’s lawyer from writing to the dentist alleging negligence.

Rare but a reasonable reaction

An expert witness was instructed and advised that this was an extremely rare tumour and that the dentist had acted properly, bearing in mind he was not a specialist. The expert felt it was reasonable to treat the swelling as an abscess initially, but as soon as it became clear that this was not the diagnosis, a referral was properly made. Therefore there had been no breach of a duty of care and liability was denied on behalf of the dentist.

This case was successfully defended, with the help of good records, which documented the presenting condition, diagnosis and treatment at each stage.

Learning point:

It is impossible to stop unusual situations arising; however, a prompt referral and careful records can help prevent an unusually large claim from arising as a result.

These case studies are based on real events and provided here as guidance. They do not constitute legal advice but are published to help members better understand how they might deal with certain situations. This is just one of the many benefits dental members enjoy as part of their subscription. 
For more detailed advice on any issues, contact us

Share this article

Load more reviews

You've already submitted a review for this item

New site feature tour

Introducing an improved
online experience

You'll notice a few things have changed on our website. After asking our members what they want in an online platform, we've made it easier to access our membership benefits and created a more personalised user experience.

Why not take our quick 60-second tour? We'll show you how it all works and it should only take a minute.

Take the tour Continue to site

Dentolegal advice
0800 561 1010
Membership information
0800 561 9000

Key contact details

Should you need to contact us, our phone numbers are always visible.

Personalise your search

We'll save your profession in the "I am a..." dropdown filter for next time.

Tour completed

Now you've seen all of the updated features, it's time for you to try them out.

Continue to site
Take again