Bengaluru Dentist Ordered to Pay Compensation for Lip Injury during Orthodontic Procedure

India: A dentist in Bengaluru has been ordered by the consumer court to pay compensation to a woman who suffered a significant lip injury during an orthodontic procedure. 

Initial Incident

The incident occurred on June 13, 2020, when the 32-year-old mother of two visited Sure Smile Dental Care in Horamavu for treatment. According to the woman’s account, orthodontist Vinod Pattabiraman accidentally cut her upper lip with a dental blade machine while performing orthodontics on her front tooth. The injury required five stitches and may necessitate plastic surgery due to a resulting scar.

The woman claimed that the dentist refused to provide a mirror for her to assess the wound and instead applied a band-aid, assuring her that it was only a minor laceration. 

Seeking Further Medical Attention

Upon returning home, the woman realized the severity of the cut as the bleeding persisted. Seeking immediate medical attention, she was informed by a doctor that the injury was severe and required five stitches. The woman and her husband contacted the dentist to explain the situation, but the dentist reportedly downplayed the incident and suggested she return to his clinic for the stitches. Refusing this request, the woman sought medical help from another source.

Two days later, when she removed the bandage, the woman was horrified to discover a large scar extending from her lip to her nose. Realizing the permanent nature of the disfigurement, she served a legal notice to the dentist on June 26, 2020, demanding a compensation of Rs 30 lakh (US$36.6k).

Legal Proceedings and Arguments Presented

The case proceeded to the Bengaluru Urban district consumer disputes redressal commission in Shantinagar in September 2020. The woman’s lawyer presented her case, highlighting the dentist’s alleged casual and unprofessional approach towards the patient.

The dentist’s attorney, however, argued that the injury was a small laceration on the complainant’s upper lip that occurred unintentionally and was not due to negligence. According to the dentist’s defense, bleeding and soft tissue injury during dental procedures are possibilities that typically resolve themselves without requiring stitches.

The dentist maintained that he promptly controlled the bleeding using adrenaline, pressure, and ice, followed by a pressure dressing. The attorney asserted that the laceration was minimal and would heal without leaving a scar. The dentist claimed that after addressing the injury, the patient was comfortable and provided with instructions and two new sets of aligners.

Furthermore, the dentist argued that the complainant chose to seek treatment elsewhere, removing the plaster herself, which worsened the minor wound. The doctor asserted that he had provided diligent and skilled treatment, and there was no negligence on his part. The complainant had reportedly left the dentist’s clinic in good health but still owed a pending fee of Rs 85,000 (US$1k).

Court Ruling 

The consumer court examined the evidence and observed that the dentist’s dismissive attitude had caused the complainant to suffer physical and emotional distress. The court ordered the dentist to pay compensation of Rs 60,000 (US$730) to the woman for the injury and the associated difficulties she faced.

“The casual approach of OP2 made the complainant to suffer all these problems and she was made to run from one hospital to other hospital during covid 19 lock down period by living her small children with her neighbors in the late night,” said the Consumer Court.

Under these circumstances the complainant has clearly established the casual approach and negligent attitude of the OP2 in treating the wound which was caused during the dental procedure” 

This case serves as a reminder of the importance of careful and professional conduct in dental procedures to ensure patient safety and well-being.