Court Awards Patient $35,000 for Unnecessary Tooth Extractions

A Bat Yam Magistrate's Court has awarded approximately NIS 130,000 (about $35,000) in compensation to a patient who underwent flawed dental restoration treatment. The court found that two of the patient's teeth were extracted without sufficient medical justification, and that she requires corrective treatment, including the replacement of a porcelain bridge.

Around a decade ago, the then 58-year-old plaintiff sought treatment for a fractured tooth. She alleged that the clinic's owner and the operating dentist negligently diagnosed her condition, recommending the extraction of nine healthy teeth and their replacement with implants. The lawsuit claims she was misled into believing the extractions were necessary for aesthetic reasons and was pressured into signing consent forms while anxious and under local anesthesia.

She further claimed defects in the installed bridge and crowns, causing difficulty chewing, food entrapment, and bad odor. The suit also mentioned a "serious incident where a clinic assistant attempted to perform an unauthorized procedure on her." The patient initially sought NIS 400,000 in damages.

A court-appointed expert identified a defect in the porcelain bridge's fit, leading to discomfort and bacterial buildup, necessitating its full replacement, estimated at NIS 71,000. The defendants argued that the bridge had reached the end of its lifespan after nine years and that implant loss was due to local inflammation from poor oral hygiene. However, the judge rejected this, noting that even the defendants' expert estimated a bridge's lifespan at at least ten years.

The judge accepted the expert's findings that two teeth were extracted unnecessarily and that some implants were placed negligently, leading to their loss. While the court found the patient exaggerated her claims and financial demands, it ruled that the clinic's owner and the dentist must jointly pay NIS 106,000 for corrective treatment, travel expenses, and pain and suffering, totaling approximately NIS 131,000 with legal fees and VAT. The clinic owner bears 70% of the liability, and the implanting dentist 30%.