Woman sues dentist for botched procedure, wins ₹60,000 relief Suffered Severe Pain, Swelling

CONSUMER IS KING

Woman sues dentist for botched procedure, wins ₹60,000 relief

Suffered Severe Pain, Swelling

Petlee.Peter@timesgroup.com

Bengaluru:19.12.2020

A 34-year-old woman took a dentist to the consumer court after her root canal procedure went awry, resulting in an infection, swelling of the gum and excruciating pain. Following a court battle which lasted nearly three years, Fatemah Razmjouei recently won a compensation of Rs 60,000.

In July 2017, Fatemah, a resident of Banashankari III Stage, suffered from severe tooth and gum ache. She approached Dr Diwakar’s private clinic in the locality and sought preliminary treatment. The dentist recommended a root canal procedure, which was carried out at his clinic on July 18. Fatemah was asked to visit again later to fix a tooth cap. But within a few days, she developed an infection, for which the doctor gave her a few medicines.

With the situation persisting, the dentist recommended Fatemah go for a CT scan, from which it became evident that something had gone wrong with the root canal procedure. Fatemah next approached a private hospital, where dentists asked her to immediately remove the filling done as part of the procedure. She also visited the dental facility at St Martha’s Hospital, where doctors confirmed incorrect drilling on the right side of the mouth. She had to undergo a fresh surgery and subsequent treatment to recover completely.

Infuriated by the episode, the Bengaluru woman sent a legal notice to Dr Diwakar and sought Rs 10 lakh in damages for the botched-up procedure. On January 24, 2018, Fatemah filed a complaint with Bangalore 2nd Additional Urban District Consumer Disputes Redressal Commission.

During the litigation, Fatemah presented her case through her lawyer. The dentist’s attorney argued that Fatemah had created a ruckus at the clinic and that Dr Diwakar had refunded Rs 3,700 to her. The attorney further claimed the court case was an attempt at making illegal gain as there was no threat to the tooth, as claimed.

In the proceedings that lasted 34 months, judges of the city consumer forum examined the records presented and determined that there was indeed negligence on the part of the dentist while performing the surgery. But the court didn’t encourage other claims of the complainant, including possible loss of tooth and weight loss because of the procedure, as she failed to produce proof to substantiate the same.

In a verdict pronounced on November 24, 2020, the judges ruled that the dentist must pay Fatemah a compensation of Rs 50,000 for negligence, apart from Rs 10,000 towards her litigation expenses, all payable within 60 days of the verdict.

A CT scan showed something had gone wrong with the root canal procedure Fatemah underwent at a BSK clinic. She later visited the dental facility at St Martha’s Hospital, where doctors confirmed incorrect drilling on right side of the mouth