High Court: Woman due to lose teeth from negligent orthodontics is awarded €55,300

About this case:

• Citation:
  [2026] IEHC 461
• Judgment:
  External link
• Court:
  High Court
• Judge:
  Mr Justice Paul Coffey

Delivering an ex tempore judgment for the High Court, Mr Justice Paul Coffey opined, “It seems to me that the relevant Guideline, as formulated, fails to capture the true nature and extent of the plaintiff’s suffering in this case. The plaintiff is likely to lose six of her lower front teeth over a considerable period of time and, before she loses them, will have to endure ongoing pain and suffering associated with loosened and unstable lower teeth, recurring infections and the need for continuing, complicated and invasive dental treatment.”

Background

The plaintiff received orthodontic treatment from the defendants between November 2018 and August 2020, in the form of braces to align her upper and lower teeth and to correct an overbite.

The plaintiff issued proceedings claiming negligence on part of the defendants in connection with the treatment, in circumstances where six of her lower front teeth were pushed out of her jawbone, causing irreversible damage to the bone and loss of support for the teeth.

The proceedings further claimed that the plaintiff suffered a great ordeal of pain beginning in 2020 and continuing, with recurring infections at three month intervals and numerous dental treatments being necessitated, causing her considerable stress, adversely affecting her sleep, her enjoyment of life and her work as a structural engineer.

An expert dental surgeon, Dr Ian Hutchinson, retained on behalf of the plaintiff predicted that she was likely to lose those six teeth over the next five to ten years, and that further dental treatment would be required at a likely cost of €10,300 where it is “only a matter of time before they fall out.”

The trial proceeded before the High Court on an assessment of damages basis only. Neither defendant appeared at the trial.

The High Court

Having considered the plaintiff’s claim and the evidence tendered by the plaintiff, Mr Justice Coffey considered that the case was governed by the Personal Injuries Guidelines, noting that the court was required to have regard to the Guidelines whilst at all times adhering to the principles governing the assessment and award of damages for personal injuries as determined by the Superior Courts.

The judge explained that those principles require the trial judge to arrive at a fair and proportionate award having regard to the maximum and equivalent awards available under the Guidelines and in directly comparable cases, and to take account of the impact on the injury to the extent that suffering is properly attributable to the wrongdoing complained of.

While accepting the plaintiff’s submission that the case fell within paragraph 9(F)(i) of the Guidelines, for which the applicable bracket for damages is €12,500 to €30,500, Mr Justice Coffey opined, “It seems to me that the relevant Guideline, as formulated, fails to capture the true nature and extent of the plaintiff’s suffering in this case.”

The judge continued, “The plaintiff is likely to lose six of her lower front teeth over a considerable period of time and, before she loses them, will have to endure ongoing pain and suffering associated with loosened and unstable lower teeth, recurring infections and the need for continuing, complicated and invasive dental treatment.”

Noting that the prolonged nature of that process, along with the associated stress and treatment, would significantly discommode the plaintiff in her daily life over that period, Mr Justice Coffey determined that an award in the maximum sum of €30,500 provided by the relevant section of the Guidelines would be an unjust award lacking reasonable proportion to an award which would appropriately reflect all of the aggravating features of the case.

Finding that a departure from the Guidelines was justified in the circumstances, the High Court awarded €45,000 in general damages for the plaintiff’s pain and suffering to date and into the future, plus special damages of €10,300.

Conclusion

Accordingly, the High Court awarded €55,300 to the plaintiff.

Ana Alajbeg v Carlos Neto & Pro-Riso Dental Clinic Limited [2026] IEHC 461