Community › Forums › Legal Advice India › Dental Medical Negligence || Gurugram
- This topic has 2 replies, 3 voices, and was last updated 1 year, 3 months ago by
Silentharsh4419.
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QQuickfox2068
PARTICIPANT
March 23, 2025 at 3:32 amI got a Root Canal done at a Clinic in Gurugram which was completed on 15^(th) December 2024.Post RCT I was recommended to get a clean up done as per feasibility. Considering this my first dental work I was not aware If I should ask for pre and post op x-rays, neither was I provided any by the Clinic proactively.
On 22nd February 2025, I came for “cleaning”, also added that
· I was not feeling okay with my teeth and felt as if something is there, also
· pinching sensation was felt when I tried to use the tooth,
Assistant “A” took the Xray and informed that there is an infection and Dentist “S” will suggest further course of action,
Dentist upon seeing the x-ray told that there has been an infection due to food lodgement and suggested
· Crown will break while removal
· 5% possibility of Re RCT
· Proceed with the cleaning
While cleaning I remember Assistant “A” told doctor and there was huge space beneath, post cleaning when informed that food particles have been removed, Dentist “S” informed
· There can be a possibility of discrepancy in the X-rays
· Asked to do Betadine Gargles with warm water and observe
On 24^(th) Feb, I asked for X-rays and was shared the same via WhatsApp, I pondered how can it lead to this, considering I already Paid the Clinic (6582+9700+2000) Rs 18,282 till that Date and got nothing to show for it, my mind suggested me to go for a second opinion to get a better picture of the situation.
On 24^(th) February I visited a nearby Dental Clinic, let’s call it “New Clinic”, Dentist checked the X-Rays and said its inconclusive and diagnosed for an OPG
By 1^(st) of March and went back to this “New Clinic”. Dentist upon inspecting the OPG informed
· RCT was not done properly
· Extraction recommended
· Asked pre Op – Xray’s
I called Assistant “A” for the pre Op Xrays but was denied informing that they only keep X-Rays for 1 month. I informed same to this dentist to which he suggested this being a case of medical negligence.
2^(nd) March, I did not want to Jump to conclusions for such an allegation hence I posted the OPS to an online Dental forum, where I got 2 responses, both criticising the RCT and recommending extraction.
This led me to depression, I went back to Clinic as soon as I got the appointment informed Dentist “S” about the feedback for the RCT which was done. She didn’t respond to the comments, I asked her for a way forward and she suggested me Re RCT.
On 12^(th) March, Crown was removed Dentist “S”, I was bleeding post this when she informed there was pus present, she also made sure to me that 3 roots fillings have been taken out (implying all roots were filled). She ensured me that we will take as much time as required and fill each root one by one. Post that she asked me for Rs 6604 for Re RCT which took the total cost to Rs 24,886. This was not digestible to me but I did not want to create a Rukus I paid and left for the day. She also gave antibiotics and a Syrup.
This followed with about 2 “irrigation/cleanings” which lasted about a week where I informed that I was having abdomen discomfort due to the medications. To which I was informed to continue with 1 antibiotic a day for last 2 days of the cleaning process
Which also allowed me to discuss the same with my colleagues at work, during which I came into Contact with a Dentist who upon seeing the OPG informed RCT was improper and this being a case of medical negligence.
The fact that RCT done prior was incorrect, I (Patient) wasn’t informed about the same proactively post OP, and pre OP X-Rays weren’t shared led me to question
· If RCT proposed was required
· Why should I be Paying here
On 20^(th) of March, I visited Clinic of Dentis “S” with my mother and told everything to the Dentist “S”, Upon her request I arranged a phone call with the “New Dentist” for the prognosis of the RCT wherein he mentioned RCT was improper. Dentist “S” asked my for the way forward, I asked:
· For an implant, she denied that she does implants
· Post that I told I won’t be paying for Re RCT
She agreed but asked me to sign a consent form why would say “I wont return to the Clinic if I’ll face any issues with Re RCT”, I didn’t wanted to sign any such consent and informed we’ll check the tooth if Re RCT is viable and was given the appointment of 22^(nd) March.
On 22^(nd) March, she reversed Rs 5550 without clarification of the price breakdown, adding to that rs 450 were said as pending from my end for the medicines. I went to the Clinic of Dentist “S” wherein I insisted to first taking the X-Ray, I asked for what the plan for which I was informed by the Assistant “Aditi” that Dentist will tell. Dentist “S” was not informing anything and upon my insistence told me that she will fill the roots. I told her that I need transparency and accountability for the treatment and treatment should not get affected considering the circumstances. She was very cold and told me it was illegal to get a second opinion, I will not get treatment by any doctor due to my behaviour. While irrigating blood came out and I informed the same to which I was told by her that she will only rely on X-Rays. I was uncomfortable with the way I was being treated and informed her to ensure Re RCT is not rushed. Upon which she said she has just filled 2 roots.
**Issues Identified**:
· Insisting Patient to sign an no accountability waiver for Re RCT post infection in improper RCT
· Pre – Post OP Xrays not shared with Patient making the initial prognosis for RCT unclear
· Patient not proactively informed about the improper RCT risking infection, which eventually happened
· Pressurising customer not to take second opinions post infection of the treated tooth
What I’ve decided:
**If Dentist “S” doesn’t want to proceed with Re RCT –** Patient requires Dentist to cover the treatment cost for tooth and related (outside court), else patient will proceed legally
**If Re RCT is proceeded by Dentist “S”, then post Re RCT failure** – Patient requires the Dentist “Sthitodhi” to cover the treatment cost for tooth and related (outside court), else patient will proceed legally
**If no response for 7 days, Patient will seek medical treatment elsewhere and proceed legally**
This ensures onus lies on the Dentist “S” who performed the improper RCT and consequences thereafter. If ReRCT survives then Dentist will keep the RCT payment, and Patient will not proceed legally for the ordeal.
Need opinions and assistance here.
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SSilentharsh4419
PARTICIPANT
March 23, 2025 at 3:56 amI am not a dentist but I have done MBBS but what I would suggest is not to go ahead with this Dr. S anymore. Anyone who has managed to fuck up something so royally is no assurance that it will not happen again.
Seek legal help already cause this doctor has been a shitshow to be honest. If one RCT hasn’t been done properly and that doctor doesn’t owe up to it and has the balls to charge you for a Re-RCT then it already shows how bad of a situation that is..
Get yourself treated at a better dentist. Let this one refund you for all the botched up procedures, legal fees, mental trauma and harassment.
I also think you have to store medical records for a period longer than 1 month for sure. It is more like 10 years but that is for hospitalisation and/or MD doctors. Not really sure what’s the protocol with BDS/MDS but it most definitely should be more than 6 months.
From the little I understand dental OPG’s the roots were never cleaned in the OPG’s you have shared.
Also it’s most definitely not illegal to get second opinions and you should not sign any waiver like that wherein the doctor doesn’t own up to her own work. -
BBrightsanjay9083
PARTICIPANT
March 23, 2025 at 6:04 amLawyer here, based in Delhi. From your narration, it appears that there may be a case of deficiency in service and possibly medical negligence, both of which fall within the scope of the Consumer Protection Act, 2019.
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