Dentist Took The Wrong Tooth Out – How Much Can I Claim?
By Danielle Jordan. Last Updated 2nd November 2023. In this guide, we discuss 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. Within this guide, we’ll address questions such as ‘how much compensation for a wrong tooth extraction could I claim?’
There are many reasons why people need to have teeth extracted. If, however, your dentist pulled the wrong tooth, pulled too many teeth, or if a wrongful tooth extraction damaged another tooth, you may be eligible for a compensation claim settlement.
You may also be able to claim if a tooth extraction procedure went fine but was actually unnecessary. 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.
If you’ve lost a tooth due to dental negligence, the team at Legal Expert are here to help. Contact us today by calling 0800 073 8804 for advice on making a wrong tooth extraction claim. To contact us online, you can contact us through our website or our 24/7 live chat service.
Select A Section
- My Dentist Pulled The Wrong Tooth Out – What Damages Could I Claim?
- Eligibility For Claiming If The Wrong Tooth Is Extracted
- How Can A Tooth Extraction Go Wrong?
- Evidence For Dental Negligence Claims
- No Win No Fee Dental Malpractice Wrong Tooth Extraction Claims
If a dentist has pulled the wrong tooth out and you are eligible to make a claim, your compensation settlement may include both general and special damages.
General damages compensate you for the harm you have suffered due to dental negligence, whereas special damages compensates you for any of the financial losses you have suffered due to being harmed by dental negligence. For example, if you had to pay for further dental work, you could be compensated for this financial loss with special damages. However, you will need to provide evidence of your financial losses, such as bank statements or invoices.
Below, we have created a table using the figures listed in the 16th edition of the Judicial College Guidelines (JCG). We have created this table to help you gain a clearer idea of how much you could receive in compensation in general damages. We have used the JCG’s figures as it lists compensation brackets for various injuries and is also used by many legal professionals when valuing claims.
However, you should only use this table as a guide, as how much compensation you could receive will be affected by the factors of your claim.
|Very Severe Scarring||In a relatively young claimant where the cosmetic and psychological effects are very severe.||£29,780 to £97,330|
|Less Significant Facial Scarring||Either one or multiple smaller scars that do not significantly effect the person's appearance.||£3,950 to £13,740|
|Fractures of Jaws (i)||Serious fractures that require prolonged treatment and will cause severe pain with a restriction in eating.||£30,490 to £45,540|
|Fractures of Jaws (ii)||Problems with eating and closing the mouth due to a serious fracture in the jaw.||£17,960 to £30,490|
|Damage to Teeth||Pain lasting over a number of years with significant deterioration of teeth, potentially due to an untreated abscess.||Up to £38,130|
|Damage to Teeth (i)||Loss of several front teeth or serious damage to several front teeth.||£8,730 to £11,410|
|Damage to Teeth (ii)||Serious damage to two front teeth or they have been lost.||£4,350 to £7,630
|Damage to Teeth (iii)||Serious damage to one front tooth or the loss of a tooth.||£2,200 to £3,950
|Damage to Teeth (iv)||Serious damage to the back teeth. Awarded on a per tooth basis.||£1,090 to £1,710
Contact our advisors today for more information on dental negligence claims for botched tooth extractions.
Special Damages For A Dental Negligence Claim
If your dentist pulled the wrong tooth and you successfully claim for this, your settlement may also consist of special damages. Special damages compensate for any financial losses caused by the dental negligence.
In a successful dental negligence case, special damages could help you recoup:
- The cost of dental implants
- Medication costs, including over-the-counter painkillers
- Loss of earnings for time spent off work as a result of the negligent dentist. For example, days off to attend appointments.
- Further dental treatment costs
Speak with an advisor if you would like to know how much compensation for a wrong tooth extraction you could receive in a successful claim. They can evaluate your claim for free, and offer more information on the dental negligence claims process.
You could be entitled to compensation for your loss of teeth if you can prove that you suffered unnecessary harm due to a dentist breaching their duty of care.
When you are under the care of a dentist, they must provide you with a minimum standard of care, as we discussed above. This is their duty of care. If your dentist fails to uphold this duty and you suffered unnecessary harm, you could be eligible to claim compensation.
However, not all harm experienced in a dental setting is eligible for compensation. For example, you may not be eligible to claim if you suffer an allergic reaction to a medicine administered while removing your tooth if this was an unknown allergy. This is because the dentist could not reasonably have been expected to know of this allergy.
If the wrong tooth was extracted and you are unsure whether you could pursue a dental negligence claim, you can contact one of our advisors for a free evaluation.
Time Limit For Claiming
If you are eligible to start a compensation claim for wrongful tooth extraction, then you should start it within three years of when the extraction occurred. Dental negligence claims usually need to be started within a three year period of when the incident or injury happened (or starting from the day you became aware of an injury being caused or worsened by dental negligence). This is applied by law under the Limitation Act 1980.
The time limit for starting a claim may be put on hold at least temporarily in some circumstances:
- If a child suffers a wrong tooth extraction, then the time limit for claiming is frozen until they turn 18. They’d have 3 years to claim from their 18th birthday.
- If someone lacks the mental capacity to claim, the time limit is frozen unless they recover capacity. They’d have 3 years to start a claim from the date of recovery.
While a victim of a wrongful tooth extraction is unable to claim on their own (if they’re under 18 or lack mental capacity), a representative known as a litigation friend may be able to start a claim on their behalf.
A tooth extraction could go wrong for a number of reasons. For example:
- The wrong tooth is removed
- A lack of sterilisation of tools prior to surgery could lead to an infection of the gum
- A failure to pull the tooth, or it’s root, out entirely could lead to a nerve injury and future growth problems
- An error while performing the extraction, could lead to the fracture or breaking of other surrounding teeth.
All of these actions could be seen as negligence on the part of a dentist, and they could be found liable for any harm caused.
If you have suffered due to a botched tooth extraction and want to seek compensation for a loss of teeth or other form of harm, please reach out to one of our advisers.
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.
As we discussed earlier, your dentist owes you a duty of care. This means you can expect them to provide you with a minimum standard of care. Should they fail to provide this and you suffer unnecessary harm, you could be eligible to claim for dental negligence. However, you will need to submit evidence.
Examples of evidence that could be useful in a dental negligence claim include:
- X-rays. If your dentist took X-rays from before and after the treatment that prove you suffered unnecessarily, these could be helpful.
- Additional medical records. These could include notes from your dentist and diagrams of your mouth with what treatment was carried out and on what tooth.
- Symptom diary. For example, if you were in too much pain to eat, you could document your weight in addition to your pain levels.
- Communications between yourself and the dental practice. For example, if you made a complaint about your treatment in writing, you may have a record of this.
If you suffered unnecessary harm due to a negligent dentist, call our advisors. They can advise on what evidence could support your claim in addition to giving free advice about the process of a dental negligence claim.
If you suffered due to a negligent tooth extraction and would like to make a claim, you could have the support of a No Win No Fee solicitor. They could provide their services under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee arrangement.
A No Win No Fee solicitor usually won’t charge upfront for their services. They typically won’t ask you to pay for any ongoing costs either. If your solicitor is successful, they will take a legally limited success fee from your award. Should your claim not succeed, your solicitor typically won’t ask for a payment for their services.
You can get in touch with our advisors if you have any questions about what steps to take after the dentist pulled the wrong tooth. In addition to free advice, they can check the eligibility of your claim. If it seems valid, you could be put in touch with one of our solicitors. Our solicitors usually offer their services on a No Win No Fee basis.
To speak to an advisor:
Contact Legal Expert Today
If you suffer because your dentist extracted the wrong tooth, you can start a dental negligence claim. You can contact us on the number above or by using the contact form or live chat and requesting a callback. If you prefer to send the details of your claim in an email, you can do so to firstname.lastname@example.org.
Further Information And Guides
Dental Negligence Claims
If you have suffered other forms of dental negligence, view our guide to making a successful dental negligence claim.
Read this guide for advice on potentially claiming if you’ve been affected by a dentist data breach.
NHS Guide To Dental Negligence
Find out how to make an official complaint about negligent dental treatment in this NHS guide.
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