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Dentist Took Wrong Tooth Out How Much Compensation Can I Claim?

By Mark Ainsdale. Last Updated 11th August 2021. Welcome to our guide on claiming compensation after your dentist took the wrong tooth out. Whilst dental negligence can take many forms, one of the most common forms of dental negligence claims we see is when the dentist extracted the wrong tooth. There are many reasons why people need to have teeth extracted. Still, if you know or think your dentist pulled the wrong tooth, pulled too many teeth, or if a wrongful tooth extraction damaged another tooth, you could be eligible for a compensation claim settlement.

When you contact our team, we will assess whether you have a legitimate personal injury claim. This will be designed to compensate you for any pain or other physical symptoms you have already experienced and that you will experience in the future. Likely, you will still have to have the correct tooth removed, costing further money and potential pain or discomfort. You may also have to pay the costs of a replacement false tooth or another type of dental implant.

Additionally, you may face additional dental treatments in the future over the course of months or even years. While some implants last a lifetime, others might need to be treated or replaced at regular intervals. For instance, crown’s must be replaced around every fifteen years. This will be taken into account when calculating the value of your personal injury claim. And also, consider the three-year maximum time limit for filing claims against a dental professional. We can offer legal advice if you have any concerns about this.

Reasonable Standards of care

extracted the wrong toothWhen being treated by any medical practitioner, such as a dentist, you are entitled to expect a certain level of medical care. It is below this reasonable standard of care to expect a dentist only to extract the correct tooth. If your dentist has extracted the wrong tooth or damaged other teeth during the extraction, you could be entitled to compensation. This is because the standard of care you should reasonably expect is higher than this. You may also be able to claim compensation for a wrongly extracted tooth if you were provided with the wrong advice by the dentist.

If your dentist extracted a tooth based on poor medical reasons, you could be able to make a claim. You could have been directed to have an extraction when treatment such as a root canal procedure could have allowed you to keep the tooth. Some dentists recommend this as it can be more profitable for them (under the NHS fee system) to extract the tooth in a single appointment rather than spread a root canal procedure over two appointments.

No matter the circumstances which led to you losing a tooth through dental negligence, the team at Legal Expert are here to help. Contact us today by calling 0800 073 8804 and start a dental malpractice wrong tooth extraction claim. And we can begin your claim after your dentist took the wrong tooth out today.

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A Guide To Claims When A Dentist Extracted The Wrong Tooth

No matter what reason you are visiting the dentist for, whether you need an emergency tooth extraction or a routine one, you should expect that they will honour their duty of care to you as a patient and focus on your oral health as their priority. Whilst this may have been the intention of your dentist, if they extracted the wrong tooth, then they will have breached this duty of care. The result of this could range from the minor through to the severe, such as pulling the wrong tooth whilst also damaging other teeth at the same time. Botched extractions could also damage the root bed of the surrounding teeth.

In this guide to what to do if your dentist extracted the wrong tooth, we provide you with the information needed to be able to make informed decisions about what you need to do to make a successful compensation claim and the process of going about doing so if you find your dentist worked on the wrong tooth and extracted it. We will take you through the circumstances in which you can make a compensation claim, what you could claim for, and how to go about doing so. We will also show you what evidence you can collect and the steps you can take to support your claim. Finally, we will provide examples of what you could claim after your dentist took the wrong tooth out.

To find out more about the process of making a claim, read the rest of our guide or contact Legal Expert today.

What Is A Wrongful Extraction?

If you need to have a tooth extracted, it can be a difficult and even distressing experience. Dentists will usually carry out an extraction when a tooth is very damaged, when it has an infection or when there is no other course of action that can be taken. Whilst most dentists will conduct the extraction with care and attention, they can make mistakes and damage the surrounding teeth, or they could extract the wrong tooth. This error could result in further damage to their overall oral health and pain. This can also lead to further distress, and having a wrongful tooth extraction could lead to further dental treatment.

Can I Claim Compensation If The Dentist Took Out The Wrong Tooth?

If you have suffered because your dentist worked on the wrong tooth, your first step should be to reach out to a personal injury solicitor or claims management service, such as Legal Expert. We could help claimants make a successful claim if their dentist extracted the wrong tooth. We are also equipped to help people make a variety of different compensation claims for dental negligence. If you have suffered a wrong tooth extraction in the UK, we can help you to claim for aspects such as physical pain, the psychological distress caused, any earnings you have lost and the impact it has had on your overall quality of life. If you have had to have any further medical treatments, which have cost you money, this can also be taken into account with your claim.

You are also eligible to make a compensation claim if your wrongful tooth extraction happened in the last three years. Compensation claims made in the UK need to be made within a three year period of the accident or injury happening. This is because there is a three year period of limitation in which to make a claim. If you were not aware that the wrong tooth was extracted until later, this period would start the three-year period.

Claims for a dentist having extracted the wrong tooth will often take between 12 and 18 months to complete. Whilst each case is individual and will vary, they take around this length of time to complete. You should not delay as there are 36 months to claim after your dentist took the wrong tooth out.

What Happens If Your Dentist Extracted The Wrong Tooth?

Having the wrong tooth extracted is a serious but still common type of dental patient incident. They are often referred to as a form of the wrong type of surgery. Often abbreviated to a WTE (wrong tooth extraction), they happen for various reasons. One of the most common causes can be that systems for tooth notation can at times be confusing for dental practitioners and clinicians to understand clearly. Notation can also sometimes not be communicated clearly and can lead to mix-ups. Some of the consequences of this type of medical negligence might include delays to extracting the correct tooth, the removal of an otherwise healthy tooth, damage to other teeth, further damage to the jaw bone or damage to the roof of the mouth or injuries to the gum.

If you or a loved one has experienced an error in extracting the wrong tooth, you could claim compensation.

So, What Are The Potential Impacts Of A Dentist Extracting The Wrong Tooth?

Having a wrong tooth extraction in the UK can leave a person with a very serious and even genuine fear of further visits to the dentist. Having a tooth extracted will involve anaesthetic and, for some, may involve a general anaesthetic. Discovering that the dentist extracted the wrong tooth and that you may need further treatment can be a strain and damaging psychologically.

If your dentist or oral surgeon removed the wrong tooth, your resulting injury could lead you to be left with a gap in your teeth for a period of around three to six months. This happens because the gum must be left for this much time to heal before fitting a bridge into the mouth over the gap. Having a gap in your teeth can lead some people to have issues with confidence and may even lead to a lower quality of life or problems when drinking or eating.

Other impacts may include financial losses for further dental treatments. The cost of fixing your issues through corrective surgeries may be considerable.

What Steps Should I Take If I Think My Dentist Pulled The Wrong Tooth?

If you are not sure whether or not your dentist extracted the wrong tooth, your first step should be to meet with and be examined by a second (independent) dentist. They can look at your records and ascertain if you had the wrong tooth extracted. Suppose there is confirmation of this, steps to take to make it easier to get compensation.

In all successful personal injury claims, your solicitor or personal injury lawyer will need to clearly present evidence of your claim. Being properly prepared to present your case can be key to a successful compensation claim. You will need to be able to demonstrate that your dentist operated on the wrong tooth clearly.

Steps

These are steps to take if your dentist pulled the wrong tooth before hiring a personal injury lawyer.

  1. Ensure that you get restorative treatment and any corrective procedures on the record. Your medical records will serve as a basis for your claim. And your doctor provides evidence of how long it took for your mouth to heal and the long-term prognosis.
  2. Gather names of the dental practice, the owner of the practice and the dental staff.
  3. Note down and keep records of the costs of any corrective treatments you have had to have, as well as any other costs or financial impacts which have resulted from the wrong tooth being extracted. You may be able to recover some or all of these.
  4. Find a personal injury solicitor with the experience and expertise to help you with your claim. At this point, you can contact Legal Expert about claiming compensation after your dentist took the wrong tooth out.

If you decide to work with the team at Legal Expert after your oral surgeon removed the wrong tooth, we will ensure that you have a medical examination to provide the evidence necessary to make your claim.

Dentist Extracted Wrong Tooth Case Study

In this case study, we look at an incident where a woman had the wrong teeth removed by her dentist. This case was carried out and conducted by a different personal injury claims firm. Still, records of it are publicly available and help illustrate the impact of having the wrong tooth removed and the role of a good personal injury lawyer.

The claimant was a woman who lived in Oxfordshire and had a complex case where she could bring action against two different hospitals for negligent dental treatment. She had an initial assessment at the Royal Cornwall Hospital before being referred to Oxford University Hospital for treatment. Two of her teeth were extracted whilst she was under general anaesthetic. Unfortunately, during the procedure, an error would lead to one of the teeth being removed was the wrong one.

Further details

The claimant approaches a personal injury claims specialist. They review the circumstances and find that both the Royal Cornwall Hospital and the Oxford University Hospital are responsible. The original hospital fails to identify the teeth, which requires extraction correctly. They don’t follow the ideal practice from the British Orthodontic Society for noting teeth using two systems. Having followed the correct notation system should mean extracting the wrong tooth would not happen. The operating hospital should also have picked up on this error when referring to x-rays. Neither hospital took the correct precautions leading to the accident.

The claimant’s dentist pulled the wrong tooth settlement asserted in their dentist pulled wrong tooth settlement that they had been caused suffering and pain and that having to have corrective surgery under a general anaesthetic caused further distress. As the two hospitals were both defendants in the claim, the settlement was split between them. The two hospitals admitted liability, and a settlement of £2,500 was made to the claimant.

What Duty Of Care Are Patients Owed By A Dentist?

While risks can be associated with any medical procedure, and surgeries will inherently carry a higher risk, these should still be marginal. Medical practitioners such as dentists, oral surgeons and hospitals themselves should take every step to mitigate these risks or errors. All medical practitioners, such as dentists, owe their patients a duty of care. This means that they have a responsibility to provide appropriate care to the reasonably expected standard. It also means that if the patient has been harmed, they may be able to claim compensation.

How Common Are Wrong Tooth Extractions?

According to statistics, around 83% of treatments to the wrong tooth or instances of dental error involved the dentist has extracted the wrong tooth. In 2007 the General Dental Council recorded 2,399 complaints against a dentist, many of which involved dental malpractice wrong tooth extraction. As the costs of dental treatment rise, people’s expectations also rise, though their willingness to forgive errors decreases. But that doesn’t mean that you can’t claim compensation yourself after your dentist took the wrong tooth out.

What Can I Claim For After The Extraction Of The Wrong Tooth?

How much compensation you could claim if you “think my dentist pulled the wrong tooth” will vary from person to person and is based on the nature of your injuries, as well as how severe they are. If a healthy tooth goes, the settlement differs from that of poor extraction damaging multiple teeth. Your compensation settlement makes up the following components.

Pain and suffering this part of the settlement compensates you for pain and any embarrassment for a gap in your teeth.
Dental procedures further treatments to correct the error and their costs could form part of your claim.
Medical costs if you have to pay for medication or procedures, you should take these costs into account.

Dentist Pulled The Wrong Tooth Settlements

In this table, we look at possible compensation claims for a wrongly extracted tooth. Our personal injury claims calculator includes examples of what you could be able to claim. The settlement figures are from the Judicial College guidelines and show minimum and maximum settlement amounts.

Injury or illness typeSeveritySettlementNotes
Loss of or serious damage to several (front) teethSeriousBetween £6,960 and £9,100Loss of several front teeth or serious damage to several front teeth.
Loss of or serious damage to two (front) teethSeriousBetween £3,470 and £6,080As the category above, but affecting two front teeth.
Loss of or serious damage to a single front toothSeriousBetween £1,760 and £3,150Serious damage to a front tooth or the loss of a tooth.
Loss or damage to back teethSeriousPer tooth - £870 to £1,360Serious damage to the back teeth.Awarded on a per tooth basis.
Chronic pain in the mouth/ teeth.SeriousSettlement up to £30,390Symptoms will persist over several years. May include an abscess which has not been treated.

No Win No Fee Dental Malpractice Wrong Tooth Extraction Claims

Personal injury claims could be expensive to make if you pay for your solicitor’s services upfront. And if your dental treatments are already expensive, you may not have the spare money to pay for these services. This is where making a No Win No Fee extracted the wrong tooth claim can help. Under this type of claim, you won’t have to pay for your solicitor’s services unless they win. If your claim isn’t successful, you won’t have to pay a penny for their services.

Why Use Legal Expert For Your Claim?

Any form of medical negligence where your dentist extracted the wrong tooth is a serious case. Cases of medical negligence or malpractice potentially involve the end of a practitioners ability to work. You need clear evidence proving that your dentist took the wrong tooth out to make a successful claim. You must have an experienced solicitor to work on your claim.

Contact Legal Expert Today

If you suffer because your dentist extracted the wrong tooth, you can start a personal injury claim. You can contact us on the number above or by using the contact form and requesting a callback. If you prefer to send the details of your claim in an email, you can do so to office@legalexpert.co.uk.

Further Information

Dental Negligence Claims
If you have suffered other forms of dental negligence, view our guide to making a successful dental negligence claim.

Clinical And Medical Negligence
If you have experienced clinical or medical negligence in the NHS or private sector, find out how to claim compensation with our guide.

NHS Guide To Dental Negligence
Find out how to make an official complaint about negligent dental treatment in this NHS guide.

Dentist Took The Wrong Tooth Out FAQs

What is considered a dental accident?

This is an accident where there is unnecessary trauma to the victim’s teeth during dental surgery.

Can I claim compensation from my dentist?

Yes, you could definitely make a compensation claim against your dentist if there’s strong evidence to support such action.

How do I make a claim against my dentist?

You can write a letter stating your intention to claim and send it to your dentist.

Is it difficult to sue a dentist?

Yes, it can be tricky because most dental injuries don’t bring about a serious pain level.

Do dentists make mistakes?

Like in any other profession, they do, but that doesn’t mean you couldn’t take legal action due to negligence.

How long does a dental negligence claim take?

Such claims tend to take between 18-24 months, though some claims could take around 36 months.

Can I sue my dentist for a bad crown?

This is a matter for a small claims court if you decide to claim following a bad crown.

What is dentist malpractice?

This is when a dentist acts with gross negligence and places you at harm in the process.

Thank you for reading our guide on claiming compensation after your dentist took the wrong tooth out.

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