No impairment found following second wrong tooth extraction.

Libby Anderson represented a dentist facing fitness to practise proceedings following the mistaken extraction of the wrong tooth which occurred when the dentist was already under investigation for a first extraction error. The tooth was reimplanted but unfortunately could not be saved.

The dentist admitted the wrongful extraction and a failure to obtain informed consent for that procedure, but denied other allegations including failures in treatment planning and failures to inform the patient of all treatment options and the risks and benefits of treatment.

Both the GDC and the defence relied on expert evidence. Libby cross-examined the GDC expert, in particular as to the practical and ethical considerations of the Montgomery standard and Bolam test in offering treatment options.

The dentist was found to have planned the patient’s treatment, although it had not been adequately recorded in writing. However, Libby successfully argued that this did not itself amount to misconduct. All other contested charges were found not proven.

Significant further evidence was called at stage 2, and Libby made comprehensive submissions as to the dentist’s remediation and insight, arguing that he was not currently impaired. Ultimately, the Committee found that the dentist was not currently impaired on the basis of either public protection or public interest, notwithstanding that this was a second incident of wrongful extraction, and so no further action was taken.

Libby was instructed by Gaurav Bangia of Medical Defence Shield.