We are pleased to share a recent High Court success on behalf of our client in Ana Alajbeg v Carlos Neto & Pro-Riso Dental Clinic Limited [2026] IEHC 461.
Our client was awarded €55,300 after negligent orthodontic treatment caused irreversible damage to six lower front teeth, leaving her facing years of ongoing pain, recurring infections, extensive dental treatment, and the likely loss of those teeth.
Of particular significance is the Court's decision to depart from the Personal Injuries Guidelines, finding that the relevant category did not adequately reflect the true nature and extent of our client's suffering. The judgment represents an important legal precedent which will no doubt be relied upon and cited in future cases where parties seek to persuade the Court that a departure from the Guidelines is necessary to achieve a just result.
A particularly nuanced aspect of the decision is the level of departure. The Court awarded damages representing a 50% uplift on the maximum amount provided for within the relevant Guidelines category. Such an uplift is an extraordinary departure from the maximum award allowed by the Guidelines and underlines the Court's view that a strict application of the relevant category would have failed to adequately compensate the plaintiff.
While the Guidelines provide an important framework, this judgment demonstrates the necessity and importance of judicial independence and freedom to depart from the Guidelines where appropriate, and of the importance of careful scrutiny rather than any simple rigid and formulaic application of the Guidelines.
Mr Justice Coffey held that limiting the plaintiff to the maximum award available under the relevant guideline would have produced an unjust result, having regard to the years of pain, treatment and future loss she faces.
Read the written judgment:
https://www2.courts.ie/acc/alfresco/caca6361-bcf4-4105-80ab-bf1db5e716e2/2026_IEHC_461.pdf/pdf
Read the full news report:
Irishlegal High Court: Woman due to lose teeth from negligent orthodontics is awarded €55,300
