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

By Cat Soong. Last Updated 7th June 2022. 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. 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.

When you contact our team, we can assess whether you have a legitimate dental negligence 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, crowns can need to be replaced around every fifteen years. This may be considered when calculating the value of your dental negligence claim. Contact Legal Expert now if you have any questions about making a dental negligence claim.

Reasonable Standards of care

extracted the wrong tooth

How much compensation for wrong tooth extraction?

When being treated by any medical practitioner, such as a dentist, you are entitled to expect a certain level of medical care. If your dentist has extracted the wrong tooth or damaged other teeth during an extraction, then it could be determined that the dentist failed to meet the standard of care they’re expected to provide. The dentist may therefore be considered negligent and you could potentially seek compensation in response.

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.

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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 seek the medical attention you require. If a tooth which has an issue (such as an infection) is still in your mouth, you’ll want to get it removed as soon as possible to avoid further complications. You may also want to get other teeth treated if they were in some way damaged during the procedure that led to the wrong tooth being extracted.

After receiving the required medical care, you may then choose to contact a dental negligence solicitor or claims management service to determine if you can claim for having the wrong tooth extracted. We could potentially help claimants make a successful claim if their dentist extracted the wrong tooth. We are also able to advise people on making a variety of different compensation claims for dental negligence.

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.

What Happens If Your Dentist Extracted The Wrong Tooth?

Having the wrong tooth extracted is a serious dental patient incident. Often abbreviated as 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 could potentially 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 leave you 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 Took Out 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 dental negligence claims, your solicitor or dental negligence lawyer will need to clearly present evidence of your claim. Being properly prepared to present your case can be key to a successful dental negligence 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 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 dental negligence 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 dental negligence 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 dental negligence 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 dental negligence 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?

In 2007, the General Dental Council recorded 2,399 complaints against a dentist, many of which involved dental malpractice including 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 bills if you have to pay for medication or procedures, you should take these costs into account.

How Much Compensation For a Wrong Tooth Extraction?

When you claim compensation for a wrong tooth extraction, the amount you may receive will be valued depending on the unique circumstances surrounding your claim. For this reason, we cannot give an average compensation amount for dental negligence claims.

However, you can still get a broad estimate of how much compensation you could receive if your dentist pulled the wrong tooth by checking the table below. By using figures from the 2022 edition of the Judicial College Guidelines, we have compiled a compensation calculator table to help give you an estimate of what you could receive. The JCG is a document that is often used to help legal professionals assign a value to personal injury claims, but it’s important to remember that these brackets are only guidelines, and not guarantees.

Injury TypeSettlementNotes
Injuries To Several Front Teeth (i)£8,730 to £11,410Loss of several front teeth or serious damage to several front teeth.
Injuries To Two Front Teeth (ii)£4,350 to £7,630
As the category above, but affecting two front teeth.
Injuries To One Front Tooth (iii)£2,200 to £3,950
Serious damage to a front tooth or the loss of a tooth.
Injuries To The Back Teeth (iv)£1,090 to £1,710
Serious damage to the back teeth. Awarded on a per tooth basis.
Significant Chronic Tooth PainUp to £38,130Pain lasting over a number of years with significant deterioration of teeth.

You can also contact our team of experienced advisors for a free consultation. They will listen to the circumstances surrounding your case, and can then provide free legal advice, and a free estimate of what your claim could be worth should you succeed.

The compensation brackets and information provided in this section refer to what you could receive in general damages, which covers the pain and suffering caused by your injuries, and is one of two heads of claim you can pursue. The second is special damages. Special damages covers any financial impacts your injuries may have had, including:

  • Lost earnings
  • Travel costs
  • Hospital or treatment costs
  • Cosmetic aids such as dental implants

You can learn more about general and special damages in the following sections of this article. Alternatively, you can contact our team of friendly advisors to get advice on your claim today.

More Payout For Dental Negligence Claims

The figures in the table above relate to the head of your claim that’s known as general damages. They are awarded to the claimant to account for the pain and suffering of their injuries – whether they are physical, psychological, or both.

However, you may also be eligible to receive an amount known as special damages. If applicable, this is when a calculation is made to work out how much money you have spent or lost out on due to your injuries.

Following a successful claim against a dentist, you could be awarded both general and special damages. This is true if you have been injured due to the negligence of an NHS dentist, but claims can also be made due to injuries sustained in a private dental facility.

Below, we have included some examples of special damages you could be compensated for.

Loss of earnings – For example, the pain or cosmetic damage could affect your ability to earn. For instance, the claimant may be an actor or model and is required to have a perfect smile as part of their job. Damage to their teeth could reduce how much money they earn. In some cases, it could lead to them having to leave the industry altogether. If so, legal professionals will work out how much the claimant could have earned for the duration of their career. The amount could then be awarded as a special damages payment.

Medical expenses – Special damages could cover the cost of required dental procedures to repair the damage to your teeth. This could even include the price of prosthetic teeth.

If you have any questions or concerns about claiming compensation from a dentist, get in touch with us today.

No Win No Fee Dental Malpractice Wrong Tooth Extraction Claims

Dental negligence 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 claim because a dentist extracted the wrong tooth 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.

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

Dentist Data Breach Compensation Claims

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.

Further Helpful Claims

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.

Can you get a new tooth after extraction?

If a tooth has been removed, whether intentionally or otherwise, it can be possible to receive a prosthetic tooth in its place. If your dentist has removed a tooth that did not need removing, then it is possible that you’d be able to make a claim against them if you suffered additional harm or harm that could have been avoided after receiving a substandard level of care.

As it is part of your claim, then the cost of this replacement prosthetic tooth may be covered as part of your compensation claim. However, this is not a guarantee.

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.

Can I sue a dentist for removing the wrong tooth?

It may be possible to make a claim against your dentist if they have removed the wrong tooth causing you further or avoidable harm as a result of providing the incorrect level of care. In this instance, your dentist may have acted negligently. The question of how much compensation for a wrong tooth extraction you would be awarded can differ depending on your circumstances and the impact it has on your life.

Is wrong tooth extraction a never event?

The act of a dentist removing the wrong tooth has now been removed from the never event list. However, this does not remove your right to make a claim if you have been a victim of this act as a result of negligence.

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 extracted the wrong tooth. We hope we’ve helped to answer questions you may have had such as how much compensation for wrong tooth extraction may be offered.

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