Court ruled that failure to obtain written consent for a gum surgery
Abu Dhabi: The Abu Dhabi Court of First Instance has ordered a dentist and a private dental clinic to pay Dh100,000 in compensation to a patient who suffered psychological and moral damages due to a gum surgery performed without her consent.
The court highlighted the dentist’s failure to inform the patient of potential side effects and to secure her written approval for the procedure.
According to case details, the complainant sought treatment at a private dental clinic after experiencing pain and inflammation in her gums. The dentist decided to perform a surgical procedure to remove gum tissue surrounding a molar using a thermal technique. However, the patient claims she was not asked to sign a consent form for the surgery, nor was she made aware of any risks or side effects.
Despite receiving local anaesthesia, the patient reported experiencing severe pain and electric shock sensations during the procedure. According to the court records, a few days later, she returned with complaints of numbness and loss of sensation on the right side of her tongue, prompting her referral to a hospital for further assessment.
Nerve injury
At the hospital, the patient was diagnosed with a lingual nerve injury that caused permanent numbness and loss of taste on one side of her tongue. An MRI scan confirmed the nerve damage, leading to sensations of electric shocks and burning. Dissatisfied with the initial investigation, which ruled out malpractice, the patient pursued legal action and filed a lawsuit for Dh3 million in compensation.
Medical liability
The case was referred to the Medical Liability Committee, which concluded that while the treatment met medical standards, the lack of written consent was a significant oversight. The committee acknowledged the risks involved in the procedure but said that the dentist failed to obtain proper consent.
The court found the dentist and dental clinic responsible for the complainant’s psychological and moral damages. With no evidence of written consent and failure to inform the patient of potential complications, the court ruled in favour of the complainant, ordering the defendants to pay Dh100,000 in compensation, in addition to covering legal and court costs.
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