A career speech therapist, Alison Winterbotham, has been awarded £265,000 in compensation after a botched wisdom tooth extraction left her in severe pain and unable to speak without agony. The incident, which occurred in November 2020, resulted in a lasting burning sensation that has significantly impacted her life and work.
Winterbotham, 55, filed a lawsuit against her dentist, Dr. Arash Sharak, claiming negligence for failing to adequately inform her about the risks associated with potential nerve damage. During the procedure, her lingual nerve—responsible for sensation in the tongue—was nearly severed. While the execution of the surgery itself was not contested, the lack of communication regarding the risks was at the heart of her case.
In a ruling delivered on October 21, Judge Neil Moody KC found in favor of Winterbotham, awarding her substantial compensation to cover both past and future loss of earnings, as well as the cost of professional neck massages to alleviate her chronic pain. “Nobody will take this pain away; I’m stuck with this until the day I die,” she testified in court, describing her condition as feeling like “my tongue is on fire.” She explained that any movement of her tongue to speak exacerbates the pain, causing intense burning and tingling sensations.
Barrister Camilla Church argued that Winterbotham was inadequately informed about the risks of nerve injury and that alternative treatment options, such as a coronectomy—a procedure that removes the crown of a wisdom tooth while leaving the roots intact—were not presented to her. “She was not advised as to alternative treatment by way of coronectomy, which would have reduced the risk of injury to both the inferior alveolar nerve and the lingual nerve,” Church stated.
Dr. Sharak, who practices in Sawston, refuted the allegations, asserting that he provided all necessary information for Winterbotham to make an informed decision, including a document titled “Guidance Note – The Removal of Wisdom Teeth.”
However, in his ruling, Judge Moody highlighted Winterbotham’s assertion that she would not have proceeded with the extraction had she been made aware of the higher risk to her lingual nerve. He noted, “There was a negligent failure to warn, and but for the failure to warn, the procedure would not have taken place when it did.” The judge further emphasized that the injury sustained was precisely the kind of risk that should have been communicated to her.
The awarded compensation includes £40,996.69 for past loss of earnings, £162,517.06 for future loss of earnings, and £7,739.40 for future medical treatments, medications, and therapies. This ruling highlights the critical importance of clear communication and informed consent in dental procedures.
Related topics:
