Woman Awarded €100,000 for Defective Dental Implant Work

IRELAND: In a recent ruling, a High Court judge has awarded nearly €100,000 to a woman for defective bridge and implant work on her teeth. Namalie Goonetilleke, 60, who was employed as a preschool assistant in Galway and originally from Sri Lanka, filed a lawsuit against Eduard Bujevics and Norbert Szente, operators of a dental practice at Woodquay in Ennis, Co. Clare.

Suffering Resulting from Dental Treatment

Ms. Goonetilleke claimed that she endured serious physical and psychological pain due to dental treatment she received from the defendants in 2013. Initially, a full defence denying liability was presented, but when the case was set for a hearing, the defendants did not appear. The solicitors who initially represented them withdrew after failing to obtain instructions from the defendants.

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Mr. Justice Micheál O’Higgins awarded €99,789 to Ms. Goonetilleke following the presentation of evidence from Ms. Goonetilleke herself and a dental specialist, along with reports from several other dental experts.

The judge noted that Ms. Goonetilleke had faced teeth problems in her 40s, lost her lower incisor teeth in 2012, and had implants replaced in 2013. Her family also had a history of periodontal disease. In 2013, she visited the defendants’ dental practice based on a friend’s recommendation. To fund the dental work they proposed, she had to borrow money from her credit union.

The defendants installed a bridge and two implants. Interestingly, all teeth and implants were connected in a single eight-tooth bridge, a practice the judge found to be non-standard. According to expert evidence, natural teeth should only be linked to implants and a bridge as a last resort.

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Predominant Cause of Ongoing Difficulties

The judge accepted Ms. Goonetilleke’s testimony that the dental work led to significant pain, discomfort, and subsequent infections in her teeth, causing additional agony. He was convinced that over a 10-year period, she experienced substantial pain and distress primarily due to the defective work carried out by the defendants.

Despite taking into account her family’s history of periodontal disease and pre-existing dental issues, the expert evidence made it clear that the defective dental treatment and services provided by the defendants were the predominant cause of her ongoing problems.

In determining the €99,789 award against both defendants, the judge included €10,000 for psychological suffering. This case highlights the importance of adhering to standard dental practices to avoid unnecessary pain and suffering for patients.