An unauthorized treatment which left a patient, Roisin Mimnagh, scared to smile has resulted in an undisclosed dental compensation settlement at the Circuit Civil Court.
Mrs Mimnagh, through her legal counsel, David McParland, told the Court that was a person who is typically happy with her appearance. She book a treatment appointment with Dr Anna O’Donovan, Griffith Avenue, Dublin, to have an incisor realigned. McPartland told Judge Jacqueline Linnane that “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”.
Mr McPartland said that Ms Mimnagh initially was of the belief that she was going to have some white filling applied to her tooth to make it look straighter. Following the realisation that this is not what had taken place she became extremely traumatised. Instead the tooth had been filed away and an amalgam or composite applied to it, leaving her unhappy with how she looked and afraid to smile. She, the Court was informed, had not given her permission for this course of treatment to be carried out.
In order to address this the dentist completed some remedial work in 2013, not long after the initial treatment. Ms Mimnagh, according to Mr McParland, is still wearing an appliance on her tooth. She has also been informed, by a dental expert, that she requires further realignment work.
Dr O’Donovan was represented in Court by Barrister Sarah Corcoran who informed the Judge that her client had entered a full defence to Ms Mimnagh’s legal action. They accepted that written consent for the specific treatment for her tooth had not been provided by Ms Mimnagh. She also advised the Judge that the case before the court was not one of deciding liability but a matter of assessing damages.
As the latest expert medical report was more than three years old Judge Linnane said that she would be unable to assess damages. She requested that both parties conduct talks to try and settle the case. Talks were conducted and Mr McParland soon after returned inform the Judge that the case had been settled and could be struck out. There was also an order for Ms Mimnagh’s legal costs to be taxed in default of agreement.