Judgment has been handed down by His Honour Judge Najib in the case of Stewart-Rigby v Hickman and Another which was heard in January 2024. Robert represented the Claimant, instructed by Irwin Mitchell LLP. The claim against Dr Hickman primarily concerned allegations of failure to obtain informed consent for placement of a crown at the Claimant’s LL7 tooth. The Claimant alleged a failure to inform her of the risk that the tooth may be infected and could require later root canal treatment, which would involve drilling through the new crown. The Claimant argued that had she known this, she would have elected to have a root filling prior to a crown being fitted. Her tooth would have had a good prognosis thereafter. In reality, the crown was fitted and infection did go on to develop at the tooth, causing significant pain and ultimately the avoidable loss of the tooth.
During the extraction procedure, the Claimant sustained a permanent and life-altering inferior alveolar nerve injury. She suffered numbness and altered sensation in her lip and chin, as well as variable levels of pain.
HHJ Najib found in favour of the Claimant on both breach of duty and causation. Damages were awarded for both the loss of the LL7 tooth, the inferior alveolar nerve injury and a psychiatric injury. Allegations of contributory negligence advanced by the Defendant were rejected.
As part of the quantum assessment, the Claimant was awarded £32,500.00 for pain, suffering and loss of amenity. This is the highest known reported court award for an injury to the inferior alveolar nerve.
