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Dental Compensation Settlement Agreed due to Unauthorized Procedure Taking Place

 Roisin Mimnagh, a patient who was left scared to smile following an unauthorized dental treatment,  has been awarded an undisclosed dental settlement at the Circuit Civil Court.

Mr David McParland, Mrs Mimnagh’s legal representative, advised the Court that she is usually satisfied with her appearance. In order to have an incisor realigned she made an appointment with Dr Anna O’Donovan, Griffith Avenue, Dublin. He said: “To her horror she (Mr Mimnagh) afterwards found that her tooth had been filed away and replaced with an amalgam or composite that was smaller and shorter and different from her original tooth”.

At first, according to Mr McPartland, Ms Mimnagh initially felt that she was going to have some white filling applied to her tooth to make it look straighter. When she became aware that this is not what had happened she experienced great stress. The tooth had been filed away and an amalgam composite replaced it. Due to this was was very upset with how she looked and afraid to smile. She, the Court was informed, had not given her permission for this course of treatment to be completed.

Some remedial work was completed on the replacement during 2013, not long after the initial treatment. Ms Mimnagh, according to Mr McParland, still uses an appliance on her tooth and a dental expert has told her that she requires more realignment work.

Dr O’Donovan entered a full defence to Ms Mimnagh’s legal action through her legal counsel. An admission was made that that written consent for the specific treatment for her tooth had not been given. The Judge was also told that the case before the court was not one of deciding liability but a matter of assessing damages. However, as the most recent expert medical report was more than three years old Judge Linnane said that she would be unable to assess damages at this time and she asked that all parties conduct talks to try and settle the case.

Following talks shortly afterwards, Mr McParland soon after returned inform the Judge that the case had been settled and could be dismissed. In addition to this there was also an order for Ms Mimnagh’s legal costs to be taxed in default of agreement.