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Wrong Tooth Extraction Compensation Claims

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Wrong Tooth Extraction Compensation Claims

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Wrong Tooth Extraction – How Much Compensation Could I Claim?

All dental professionals have a legal duty of care toward their patients. As part of this legal duty of care, they must take appropriate care at all stages of the procedure, from the diagnosis and pre-Wrong Tooth Extractionsurgery prep to the actual tooth extraction and aftercare. If your dentist failed in their duty of care to you and pulled the wrong tooth as a result this would constitute dental negligence for which you could be eligible to make a wrong tooth extraction compensation claim.

Our team of specially trained advisors offer free legal advice on dental negligence claims. During a no-obligation telephone consultation, they’ll review the basis of your claim and set out your options. If the claim has a reasonable chance of success, we could pass it to a dental negligence solicitor. They’ll work for you on a No Win No Fee basis meaning you don’t pay any legal fees if you’re not compensated.

If you’re ready to begin a wrong tooth extraction claim today, please call us on 0800 6524 881 right away. Otherwise, please read on to learn more about your options.

Am I Eligible To Make A Wrong Tooth Extraction Compensation Claim?

To assess whether you’re eligible to make a wrong tooth extraction compensation claim, a solicitor will need to check whether:

  • The level of treatment provided by your dentist fell below the expected levels (negligence); and
  • As a direct result of their negligence, your dentist has caused you to suffer.

You might think that if your dentist pulled the wrong tooth, it would stand to reason that you should be compensated. However, your dentist (or more likely their insurer) may try to argue that:

  1. You indicated that the tooth they extracted was the one that was causing you problems. However, the dentist could be found to be negligent because they failed to use their skills and training to identify the correct tooth that needed to be removed.
  2. The tooth that was extracted would’ve needed to be removed anyhow. Even if this were true, your dentist may still have been negligent because they didn’t discuss the removal of the other tooth or seek your consent before operating on it.

We believe that having a dental negligence solicitor on your side will make it easier to counter any objections from the dentist and to try and win your claim so that you are compensated for your suffering.

If you believe that you should be compensated after the removal of the wrong tooth, please get in touch to discuss your options.

How Much Compensation For Wrong Tooth Extraction Could I Claim?

If the wrong tooth is extracted by a dentist, it’s important to realise that a refund of your dental costs is not enough to compensate you for your suffering. Compensation for wrong tooth extraction should be based on the pain and suffering you’ve endured because of the dentist’s negligence (general damages) and any costs you’ve incurred (special damages).

If one of our solicitors agrees to represent you, they could try to obtain compensation to cover:

  • The physical pain you endured when the wrong tooth was removed.
  • Any anguish, trauma or depression the mistake has caused.
  • Loss of earnings if you took unpaid time off work to recover.
  • The cost of remedial or private cosmetic treatment by another dentist.
  • Any care costs if somebody else needed to look after you while you recovered.
  • Travel costs associated with the additional treatment required to rectify the situation.

As you’ll see, there is plenty to consider before you file a wrong tooth extraction claim. Most solicitors would never recommend accepting the first offer you receive. Instead, they should discuss it with you to check that it is fair and you can be assured that the solicitors on our team will always fight to achieve the maximum compensation possible.

Wrong Tooth Extraction Compensation Amounts

The current compensation guidelines for loss of/serious damage to various teeth are as follows:

  • £2,200 to £3,950 compensation for loss of one front tooth.
  • £1,090 to £1,710 compensation for loss of a back tooth.

It should be noted that these are only estimated settlement amounts for wrong tooth extraction and relate purely to general damages. The amount of pain and suffering you’ve endured will be a large factor in determining how much compensation you might receive. To assess this, an independent dental expert will need to examine you as part of the wrong tooth extraction claims process. They’ll report back to your solicitor (and the defendant’s insurers) to explain your prognosis. This report will be used by your solicitor to determine how much compensation you should claim.

Why Sue A Dentist For Pulling The Wrong Tooth?

At the very least, if the wrong tooth is extracted by your dentist, the tooth that was supposed to be removed will still be in situ which means you’ll need to have another operation to have it removed. This means that you’re likely to suffer double the pain and inconvenience and your recovery time will increase as well.

In addition, having the wrong tooth pulled out can cause:

  • Dental nerve damage.
  • Discomfort when talking and eating.
  • Persistent pain and swelling.
  • Your remaining teeth may change position.
  • Infections and abscesses.
  • Sinus damage (when upper molars are removed).

All of the above are likely to have been avoided had the correct tooth been removed at the first opportunity. As such, this additional suffering may give you grounds to sue your dentist for pulling the wrong tooth.

Wrong Tooth Extractions Never Event Statistics – NHS Trusts/Dental Practices

*For the years 2013 – 2017 the information was extracted from the Transfer of Strategic Executive Information System (StEIS) where the reporter identified that the incident meets the definition of a Never Event.

* Contains public sector information licensed under the Open Government Licence v3.0.

Evidence To Support A Wrong Tooth Extracted Compensation Claim

Whether you’re claiming compensation for wrong tooth extraction against an NHS dentist or a private dental firm, you’ll need evidence to show that your dentist was negligent and the suffering that negligence has caused. The more evidence you can gather, the better chance your solicitor will have of presenting a strong case and winning compensation for you. The types of evidence that might help include:

  • Your dental records. These are important as they can help to identify if the tooth that you had removed had been diagnosed with any problems in the past. Your solicitor can request these medical records during the claims process.
  • A statement from you. You will be asked to explain what effect the tooth extraction has had on you. This will include information on your symptoms and what impact the removal of your tooth has had on your life.
  • Witness information. If anybody else was with you during your consultation, they may be asked to provide a statement of what was said by the dentist.
  • Correspondence. If you made a formal complaint about the error, you should forward any letters or emails to your solicitor. The dentist’s response may make it clearer why the mistake occurred.

The above and other pieces of evidence can make winning your claim a lot easier. Please give us a call if you’d like help obtaining evidence to support your claim or if you’d like us to review what you have so far.

Time Limits For Claiming Wrong Tooth Extraction Compensation

In the UK, you must begin a dental negligence claim within a 3-year limitation period. For wrong tooth extractions, this will usually start on:

  • The day the tooth was extracted; or
  • The day it became clear that the wrong tooth had been taken out.

We usually advise that it’s best not to wait too long to begin your claim. Starting as early as possible will usually make it easier for your solicitor to complete all of their tasks and to collect the necessary evidence to support your claim.

If a child has had the wrong tooth removed by a dentist, you won’t need to worry about the time limit as you can seek compensation on their behalf at any time before they are 18 years old.

Starting A Wrong Tooth Extraction Compensation Claim

Our team of specialists is ready to help if you’d like to sue a dentist for the suffering caused by wrongful tooth extraction. The easiest way to get in touch is to call us on 0800 6524 881 to begin the claims process.

During your call, you’ll be given free legal advice about your claim and we could refer you to a dental negligence solicitor from our team. If they agree to handle your claim, they will deal with the dentist on your behalf and fight your corner if any objections are raised regarding liability for your injuries.

To discuss a wrong tooth extraction compensation claim further, please use our live chat service to get in touch.

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