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NHS Highland’s board is ordered to apologise by the Scottish Public Services Ombudsman (SPSO) after dental patient complained following wisdom tooth extraction led to altered sensation in their tongue


By Ian Duncan

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NHS Highland logo.
NHS Highland logo.

NHS Highland’s board has been ordered to apologise to a dental patient and keep patients better informed in future.

The Scottish Public Services Ombudsman (SPSO) has upheld a complaint by the person – known only as Patient C.

It was related to the extraction of a wisdom tooth and Patient C subsequently experienced an altered sensation in their tongue.

They were advised that this was likely the result of nerve damage which was a possible side effect of the extraction of the tooth.

The report states: “C complained that they were not advised of this possible side effect prior to the extraction taking place.

“A handwritten note on the consent form C signed included mention of altered sensation but C disputed that this had been present when they signed the form.”

The SPSO took independent advice from a dentist and, while evidence gathered as part of their investigation could not definitively determine which of these positions was most accurate, it was considered that the board did not make C reasonably aware of:

• why the extraction was considered necessary;

• what the risks and benefits of extraction were, alternative treatments or no action were;

• what the percentage likelihood of nerve damage was;

• or what altered sensation meant.

The report states: “Therefore, we found that the board did not reasonably advise C that nerve damage was a possible side effect of the extraction of a wisdom tooth as required and upheld the complaint.”

SPSO’s first recommendation was that the health board should apologise to C for failing to reasonably advise that nerve damage was a possible side effect of the extraction of a wisdom tooth.

The report added: “The apology should make clear mention of each of the points the board did not make C reasonably

aware of. The apology should meet the standards set out in the SPSO guidelines on apology.”

In addition it has been ruled that patients should be provided with clear information of the nature of the proposed dental treatment, the purpose of treatment, the risks and benefits to treatment in comparison to no treatment and any alternative treatment options, and valid consent is obtained and recorded in line with the General Dental Council’s standards.

An NHS Highland spokeswoman said: “We are very sorry that the level of diligence expected was not applied in ensuring informed consent and full understanding during this patient’s treatment. We have contacted them directly to apologise and update them on what we have changed as part of our learning.

“Since the complaint, we have updated our Patient Information Leaflet to ensure patients have all the relevant information and can make an informed choice prior to the procedure. We have also updated the consent form used for general anaesthetic procedures.

“The report has also been shared with senior clinical staff and the staff involved in the patient’s care.”


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