Teeth pulled without permission

No compensation despite unwanted teeth

03/14/2014

A plaintiff has tried before the Higher Regional Court of Oldenburg to claim damages and damages for pain, as her two teeth were allegedly pulled without permission. Inevitably, the complaint makes one think of a supposedly harmless visit to the dentist, at the end of which two teeth are suddenly missing. But that was by no means the case with the applicant. She had made the date for the extraction of the two teeth with the defendant oral surgeon and changed shortly before the operation, without sufficiently communicating with the oral surgeon.

The dentist of the plaintiff had recommended the woman the extraction of the two teeth and therefore referred them to the oral surgeon, reports the Higher Regional Court Oldenburg. In the conversation, the defendant also showed the possibility of a root tip resection, as the woman had considerable concerns about the unwanted tooth loss, felt no pain on the teeth and the removal was extremely critical. Nevertheless, the oral surgeon recommended her - as well as the treating dentist - to pull both teeth. In the end, the applicant gave her consent and agreed on a surgery appointment directly in practice.

Desired was a Wurzelspitzenresektion
Three months passed before the planned surgery, when the woman changed her mind and decided that she wanted only a root tip resection. However, she did not talk to the treating maxillofacial surgeon or the medical staff about this change in attitude, „but only wordlessly submitted a correspondingly changed transfer slip when entering the practice“, reports the Oberlandesandgericht. Immediately prior to the surgery, there was no possibility to speak to the oral surgeon and so drew the woman without hesitation, the two molars, as he had not taken note of the amended remittance slip.

No claim for damages and compensation
The woman demanded after the unwanted tooth removal by the oral surgeon compensation of 6,000 euros and moved with this request to court. First of all before the regional court Oldenburg and as their complaint there had no success before the high country district court. Here, the 5th Civil Senate of the Oberlandesgericht Oldenburg ruled now that the plaintiff asserted the claim „Claim for damages and compensation for pain allegedly incorrect medical treatment not awarded“ becomes. The court „did not agree with the applicant that the initial consent given to the operation carried out on the day of the operation was no longer valid.“ This consent does not lose its effectiveness as a result of the passage of time. Besides, it is not „generally the task of the surgeon to check the continuity of the consent.“ The plaintiff had after the appointment of the situation up to the operation itself in the hand had and would only cancel the appointment or simply do not have to appear, if they no longer wish the intervention, the notification of the Higher Regional Appeals Court.

Changed treatment concept urgently communicate with the doctor
„If the patient appears, there is no reason to check the continuation of the consent“, The Higher Regional Court reports on the judgment of the 5th Civil Senate (Az 5 U 101/13, lower regional court, Az 8 O 1834/12). Furthermore, the applicant did not effectively revoke its consent to pull the teeth, because: „but the handover of the changed transfer slip is not enough.“ The applicant should have made clear its change of heart towards the defendant or his employees. Why the woman did not respond in one word to her changed ideas, but only submitted the amended remittance slip, remains unclear. Patients in comparable situations are urgently advised to formulate their ideas clearly to the treating physicians and, in case of doubt, delay the procedure or agree on a new appointment. (Fp)