A Co Dublin housewife who has settled a €60,000 Dental Negligence Compensation Action, says she was afraid to smile following a treatment to one of her teeth.
Fifty-year-old Roisin Mimnagh, of Marina Village, Malahide, has claimed in the Circuit Civil Court that she was distraught to find an incisor had been filed away without her authorization and replaced with an amalgam or composite.
Counsel for Mrs Mimnagh, David McParland, told Judge Jacqueline Linnane that his client was happy with her appearance and had gone to Dr Anna O’Donovan, Griffith Avenue, Dublin, to have an incisor realigned.
McParland told the court: “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”.
Legal representatives for Dr O’Donovan claimed she had entered a full defence to Ms Mimnagh’s claim but had conceded that written authorization for the specific remedy for her tooth had not been received prior to the dental treatment.
Judge Linnane said she had reviewed the pleadings and had found that the latest expert report was over three years old. There had been some remedial work completed in 2013 shortly after the initial treatment.
Mr McParland said Ms Mimnagh was still wearing an appliance on her tooth and one of the specialists who had reviewed her felt that she would need additional realignment work.
He said she had thought at first she was going to have some white filling applied to her tooth to make it look straighter. When she later discovered it had been filed away and an amalgam or composite put on it, she said that she was afraid to smile.
Ms Mimnagh, the Court was advised, had personally sourced an orthodontist who had given her an estimate for more than €5,000 to realign her tooth. The specialist agreed with Ms Corcoran that this estimate had applied to the provision of treatment to all of her teeth including an appointment with a dental hygienist.
When talks about possibly settling the dental negligence case was suggested by Judge Linnane, the court was advised by Ms Corcoran that Dr O’Donovan had always had “a significant willingness” to tackle with the case. Shortly after this Mr McParland told the judge that the case had been settled and could be struck out with an order for Ms Mimnagh’s legal expenses to be taxed in default of agreement. The amount of the settlement was not made public.