Navi Mumbai woman wins Rs 6.3 lakh over ‘negligent’ 9 dental root canals in 6 months

The Maharashtra consumer commission found that the diagnosis and execution of the root canal treatments and crown prosthetics amounted to medical negligence and deficiency in service.

dental clinic dentist treatment root canal crownThe woman alleged that excessive reduction of her natural dental height during crown preparation contributed to crowns falling and breaking. (AI-generated image)

The Maharashtra State Consumer Commission has upheld a Rs 6.32 lakh payout to a woman who underwent dental treatment at a Navi Mumbai clinic, finding medical negligence and deficiency in service in the diagnosis, preparation and execution of the procedures. The amount includes Rs 4.32 lakh for corrective treatment and Rs 2 lakh for mental agony and litigation costs, besides an annual interest of 12 per cent on the amount from October 20, 2022, as directed by the Thane consumer forum.

President Justice S P Tavade and member Dr Nisha Amol Chavhan of the state commission were hearing an appeal filed by the dental clinic against the October 20, 2022 order of the Additional District Consumer Disputes Redressal Commission, Thane, Navi Mumbai, which had partly allowed the woman’s complaint.

“This Commission holds that the Appellant (Sabka Dentist) and Respondent No. 2 (consulting dentist) committed clear medical negligence and deficiency in service in the diagnosis, preparation, and execution of the dental procedures rendered to the patient,” said the commission on August 7.

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Dispute over dental reduction, crowns

The dispute relates to dental treatment provided between July 21, 2018 and January 30, 2019. The woman alleged that excessive reduction of her natural dental height during crown preparation contributed to crowns falling and breaking. According to the woman’s submissions, she chose a zirconia cap costing around Rs 1.75 lakh which allegedly carried a 15-year warranty.

She claimed that the crown fell within a year and that her request for replacement under the warranty was not honoured. She further alleged that six guarantee cards given to her carried the names of other patients. The woman later sought a compensation of Rs 4,32,208 for corrective treatment and Rs 5 lakh for deficiency in service.

‘Treatment followed standard protocols’

The dentist and the clinic denied the allegations, saying the treatment followed the diagnosis and treatment plan accepted by her as well as standard clinical protocols. The consulting dentist disputed the allegations, stating that crown height was a “subjective” matter depending on clinical evaluation. The dentist also argued that any warranty applied to the dental cap and not the underlying tooth structure.

The dentist said the patient had fractured the restorations in four teeth and later underwent nine root canals due to sensitivity. She added that consent forms were signed before each procedure and X-rays were taken at every stage of the root canal treatment.

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The dentist claimed that only one of 17 crowns had dislodged, with the underlying tooth found to be fractured. She also argued that the patient did not return for a follow-up after the last crown fixation.

Panel finds negligence

The state commission noted that the woman had originally approached the clinic for aesthetic smile design and minor filling corrections. The order recorded the consulting dentist’s submission that the woman had fractured restorations in four teeth and was advised root canal treatment followed by full-tooth coverage.

The state commission, however, found that the provider had failed to produce verified documentation, like radiographs, to justify initiating root canal treatments across nine teeth. It held that diagnostic imaging was required before removing healthy tooth pulp and that invasive procedures conducted without demonstrating its necessity fell short of the expected duty of care.

The forum considered corrective treatment records and an independent evaluation from another dental clinic and recorded that it established excessive and unnatural reduction of the natural dental height during crown preparation. This compromised mechanical retention and structural integrity and contributed to frequent dislodgement and fracturing of the crowns.

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The state commission held that the diagnosis, root canal treatment and crown procedures amounted to medical negligence and deficiency in service. It added that refusal to replace or repair defective zirconia crowns during the subsisting 15-year warranty period, along with warranty cards bearing details of third-party patients, amounted to deficiency in service and unfair trade practice.

The commission found no error in the district panel’s order and dismissed the appeal. Upholding the October 20, 2022 order, it directed the dental service provider and consulting dentist to comply with the district commission’s directions within 45 days from August 7, 2026.

Takeaway

Before irreversible dental treatment, ask for the diagnosis and relevant pre-treatment records, and keep all treatment, payment and warranty documents. If problems arise, an independent dental evaluation can help establish the need for corrective treatment.

Aggrieved consumers may contact the consumer helpline in their respective states (Maharashtra: 1800-2222-62) or call the National Consumer Helpline at 1915 for assistance.

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Vineet Upadhyay is an Assistant Editor with The Indian Express (Digital), where he leads specialized coverage of the Indian judicial system. Expertise Specialized Legal Authority: Vineet has spent the better part of his career analyzing the intricacies of the law. His expertise lies in "demystifying" judgments from the Supreme Court of India, various High Courts, and District Courts. His reporting covers a vast spectrum of legal issues, including: Constitutional & Civil Rights: Reporting on landmark rulings regarding privacy, equality, and state accountability. Criminal Justice & Enforcement: Detailed coverage of high-profile cases involving the Enforcement Directorate (ED), NIA, and POCSO matters. Consumer Rights & Environmental Law: Authoritative pieces on medical negligence compensation, environmental protection (such as the "living person" status of rivers), and labor rights. Over a Decade of Professional Experience: Prior to joining The Indian Express, he served as a Principal Correspondent/Legal Reporter for The Times of India and held significant roles at The New Indian Express. His tenure has seen him report from critical legal hubs, including Delhi and Uttarakhand. ... Read More

 

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