July 23rd 2024.
Alison Winterbotham, a 55-year-old speech therapist, has filed a lawsuit against her dentist, Dr. Arash Shahrak, for nearly £1 million. She claims that a botched wisdom tooth surgery has not only caused her excruciating pain, but has also ruined her career. According to Winterbotham, she sustained an injury to her lingual nerve, which supplies feeling to the tongue, during a lower right wisdom tooth extraction in November 2020. This injury has left her in constant agony, especially when she speaks.
Winterbotham's lawyers are seeking £956,528 in compensation from the High Court. They allege that Dr. Shahrak was negligent in failing to warn her about the possibility of major nerve damage before the surgery. Winterbotham claims that she was not adequately informed about the risks involved and was not offered alternative treatment options, such as a coronectomy, which would have reduced the chances of nerve damage.
However, Dr. Shahrak denies any wrongdoing and maintains that he gave Winterbotham comprehensive information about the potential hazards of the surgery. He also argues that he had no reason to consider her a "high-risk" patient. In her testimony, Winterbotham described the pain as a constant burn, stating, "My tongue is burning and tingling all the time and I'm in pain. Every time I move my tongue to talk a little bit, the nerve gets hyper-stimulated so that it makes the burning and tingling even worse. It's worse when I speak."
The chronic pain has not only affected Winterbotham's ability to work as a speech therapist, but it has also had a significant impact on her personal life. She has become socially withdrawn and has trouble sleeping and eating due to the pain. Her barrister, Camilla Church, pointed out that the experts agree that the chronic pain has significantly affected Winterbotham's speech and language therapy work, as well as her ability to work as a counsellor.
Dr. Shahrak's lawyers argue that Winterbotham's claim is too high and question her inability to work as a speech therapist. They suggest that with psychological counselling, she could regain 70 to 80% of her pre-incident working capacity. Winterbotham's lawyers, however, argue that her lack of confidence and low self-esteem are preventing her from returning to work as a speech therapist.
In order for Winterbotham's case to succeed, she must establish that Dr. Shahrak breached his duty by not informing her about all the risks and alternative treatments. If she can prove this, she must then demonstrate that the nerve damage would have been avoided if she had opted for a coronectomy instead of a traditional wisdom tooth extraction.
The trial is ongoing, and Winterbotham hopes to not only receive compensation for her suffering but also to raise awareness about the importance of informed consent in medical procedures. She desperately wants to continue her career and hopes to regain her confidence and return to her passion for speech therapy.
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