Dental Clinic, Dentists told to pay Rs 2 Lakh compensation to patient for Damaging teeth during braces treatment

Bengaluru: The Additional District Consumer Disputes Redressal Commission I, Bangalore recently directed a dental clinic and its doctors to refund Rs 50,000 to a patient for damaging around 10 teeth during a dental procedure. Further, the consumer court has imposed on them a compensation of Rs 2 lakhs and another Rs 5,000 as litigation costs.

Such a decision was taken by the consumer court after it took note of the findings of the Karnataka State Dental Council in this regard. Accordingly, allowing the complaint, the consumer court ordered, "The OPs are liable to refund Rs.50,000/- to the complainant received towards cost of treatment and to pay Rs.2,00,000/- towards damages by way of compensation for the mental agony and harassment caused to the complainant and cost of litigation of Rs.5,000/- with interest @ 1O%p.a. within two months from the date of this order till payment."

The complainant filed the complaint under Section 35 of the Consumer Protection Act, 2019 against the Sabka Dentist, Bangalore, and two of its doctors praying to direct them to refund Rs 50,000 paid with an interest at 2% per month and grant Rs 18 lakh compensation towards pecuniary loss, damages, compensation, mental agony and harassment.

While considering the matter, the consumer court noted that Sabka Dentist is a recognized Private Limited Company rendering services in Orthodontic treatment and the doctors in question are attached to the Sabka Dentist clinic/hospital. The Complainant availed the treatment at the facility since November 2016.

It was submitted by the complainant that after a preliminary examination at the clinic, the doctors opined that orthodontic treatment is required and appliances like ceramic braces are to be fixed to get a correction of front teeth positioned. Accordingly, he paid Rs 34,000 to the hospital on different dates starting from 26.11.2016.

The duty doctor referred the patient  to Dr. Shreyash who started treatment after some procedure and fixed ceramic braces to the front teeth and asked the complainant to come for follow-up treatment once a month. Allegedly, despite the assurance from the doctors saying that the treatment would be completed in one year, they dragged the treatment with an intention to extract more money from the complainant for 2 and 1/2 years and the clinic imposed additional charges as the complainant had to pay a total Rs 50,000 for treatment purpose.

On 23.03.2019, the doctor removed the braces and allegedly caused damage around 8 teeth intentionally by scratching enamel on two teeth i.e. tooth sl no. 10 from right, on upper jaw and tooth sl no. 10 from right lower jaw, which are damaged and they are sensitive. Further, one tooth i.e. sl no. 8 from the right on upper jaw was trimmed out on the top, one tooth i.e. sl no. 7 from tight on the lower law was carved out a piece on the top.

The patient alleged that the doctor put a cut mark on the above to gum tooth sl no. 5 from right on the upper jaw and sl no. 4 from right lower jaw cut deeply above to gum with blade as such the complainant could not chew properly. Therefore tooth sl no. 12, 13 & 14 are suffering from severe pain while chewing even soft food items. 

He further alleged that another doctor- Dr. Radha treated him thereafter and allegedly forcefully filled the affected teeth with dental cement. He claimed that the cementing is still problematic and recently the filling of cement was peeled and scratch mark was visible. He submitted that due to intentional and negligent act of the clinic and its doctors, the complianant's teeth got damaged and became sensitive.

Following this, the patient consulted St. John Medical College Hospital OPD, the doctors observed that the rough enamel surface composite multiple ceramic abrasion in the complainant's teeth and advised to use de-sensitizing tooth paste and the doctors attached to the hospital opined that to rectify the damage to his teeth to undergo follow up treatments and may may cost lost of money. Therefore, the complainant filed a complaint before Malleswaram police and requested to take appropriate action against the clinic and its doctors. However, the police allegedly refused to take the complaint. Therefore, having no choice, the complainant issued legal notice to the clinic and the doctors asking for compensation. Since the clinic sent an evasive reply, the patient approached the consumer court and filed a complaint in this regard.

Despite being issued notice, Dr. Shreyash did not turn up and therefore, he was placed exparte. The other doctor appeared and her counsel denied the allegations that the clinic and its doctors damaged around 8 teeth of the complainant. It was further denied that they caused damage to the teeth intentionally with negligent act. The counsel for the doctor claimed that there was no deficiency in service on the part of the clinic and its doctors.

While considering the question of whether there was any deficiency in service, the consumer court noted that based on the application by the complainant, the matter was referred to the Karnataka State Dental Council for their opinion as to the line of treatment given by the clinic and its doctors in accordance to the standard guidelines.

After examining the reports of the patient and the treatment offered, the experts of the Karnataka State Dental Council submitted report by forming their opinion. "There appears to be failure on the part of doctors to inform the progress of the treatment (communication failure)," opined the Council in its report.

"On the clinical examination of Mr.*** the anterior cross bite still persists and there are multiple abrasion of the enamel surfaces which can be attributed to the failure on the part of the Doctors to smoothen the enamel after debonding the appliance," the report further mentioned.

However, the council also opined that "...there are no significance damages caused to the alveolar bone or the roots following orthodontic treatment as evidenced in the radiograph of pre and post treatment and opined that the issue of the complainant can be reversed with restorative procedures."

Taking note of the Dental Council's report dated 10.08.2021, the consumer court opined that

"...it is crystal clear that due to failure on the part of OP doctors to inform the progress of the treatment and due to act of doctors anterior corss bite still persist and there are multiple abrasion of enamel surfaces which can be attributed to the failure on the part of doctors to smoothen the enamel. The report submitted by the Karnataka State Dental Council supports the allegation made by the complainant that the doctors attached to OP No.1 have caused damages to upper and lower jaw teeth No.10 and teeth No.8 and teeth No.7 and trimmed out the upper jaw teeth No.8 and thereby the tooth No.12 13 & 14 suffering severe pain while chewing even soft food items and at the time of removal of ceramic braces fixed to front teeth of the complainant caused damages to around 8 teeths and scratched enamel on 2 teeths."

Holding the clinic and its doctors negligent, the commission directed them to pay Rs 50,000 to the complainant, who paid this amount for the treatment. Further, the Consumer Court also directed them to pay Rs 2 lakh compensation and Rs 5,000 as litigation cost.

"Therefore, it appears that the material documents placed on record by the complainant and report submitted by Karnataka State Dental Council it is crystal clear that the OPs have caused damages to the teethes of the complainant due to their negligent act and thereby the OPs have committed medical negligence on their part. Therefore, we are of the considered view that the complainant has proved alleged medical negligence on the part of OPs, as such OPs are liable to refund the treatment charges of Rs.50,000/- paid by the complainant to the complainant and also OPs are liable to pay damages by way of compensation towards mental agony and harassment caused to the complainant to the tune of Rs.2,00,000/- and cost of litigation of Rs.5,000/- with interest. Hence, we answer Point No.1 Partly in Affirmative," read the order.

To view the order, click on the link below:

https://medicaldialogues.in/pdf_upload/bengaluru-dental-clinic-compensation-231488.pdf

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