Wrong Tooth Extraction – How To Claim

Wrong Tooth Extraction

Wrong Tooth Extraction – How To Claim

Have you suffered the wrong tooth extraction when you went to have a tooth out at the dentist? If you have, you may be thinking, “can I claim for dental negligence? 

Medical professionals owe their patients a duty of care. Therefore, if this is breached and you suffer an injury as a result, you might be able to seek medical negligence compensation. 

Throughout this guide, we will discuss the dental negligence claim process this will include the limitation period for making a claim, examples of dental negligence, how to make a dental negligence claim and compensation guidelines. 

Furthermore, to conclude this guide, we will examine the benefits of No Win No Fee solicitors and how Conditional Fee Agreements work. 

However, if you would rather speak to an advisor from our team, you can do so. They are available 24 hours a day, 7 days a week, to provide you with free legal advice. 

To get in touch: 

Select A Section

  1. Wrong Tooth Extraction – An Overview
  2. How Long Do You Have To Claim For  Wrong Tooth Extraction?
  3. Case Study – A Dentist Removed The Wrong Tooth
  4. How To Claim For Dental Negligence
  5. Wrong Tooth Extraction Compensation Calculator
  6. How Medical Negligence Assist Could Help You

Wrong Tooth Extraction – An Overview

Dental negligence can occur if the dentist deviates from professional standards and causes an injury that could have otherwise been avoided. Dentists, as well as other medical professionals, accept a duty of care for the patient they are treating. To fulfil this duty, it is important that they provide the correct standard of care so as not to cause avoidable injury.

In order to make a valid dental negligence claim, the criteria below must be met:

  • A medical professional owed you a duty of care,
  • This duty of care was breached
  • And it was this breach that caused you to be injured.

If a dentist were to extract the wrong tooth, this would not only mean that you had lost a healthy tooth, but you would still need to have the correct tooth removed. This could cause lots of unnecessary pain and discomfort. As well as cost you financially.

How Long Do You Have To Claim For Wrong Tooth Extraction? 

Under the Limitation Act 1980, you must begin your dental negligence claim within the limitation period. Generally, you have 3 years to begin a dental negligence claim from the date of the incident. Or this can be 3 years from the date you discovered you have suffered dental negligence.

There are two main exceptions to this time limitation. Minors who cannot by law represent themselves in a court of law can begin a claim for themselves from their 18th birthday until they are 21. While they are still a minor, they can use a court-appointed litigation friend to claim on their behalf. Those who lack the mental capabilities to file a claim themselves they too can use a litigation friend.

Case Study – A Dentist Removed The Wrong Tooth 

To understand dental negligence, we have provided an illustrative case study.

Mr Samuael had been suffering severe toothache for the past couple of days. He had made an appointment to see his dentist. The dentist checked Mr Samuels’s tooth and found an abscess. Mr Samuel was given antibiotics and told to come back in 2 weeks, where he would then have the tooth removed.

Mr Samuels returned after 2 weeks to have the tooth taken out. The dentist proceeded with the procedure and removed a tooth. It wasn’t until Mr Samuels got home that he realised the wrong tooth had been extracted. The dentist had failed to check the dental records before proceeding with the extraction.

Mr Samuels had a gap and a missing healthy tooth and had to have a second procedure to remove the problem tooth.

If you have been involved in a situation similar to this and would like to find out whether you are eligible to seek compensation, please get in touch with an advisor from our team. 

How To Claim For Dental Negligence 

To make a dental negligence claim against your dentist, you must prove how they breached their duty of care to you and how this resulted in you being avoidably harmed.  To achieve this, you can begin to gather evidence to prove your claim.

You may wish to do this in the following ways: 

  • Your dental records should show your initial diagnosis, symptoms and treatments. But also any corrective treatment that was needed. 
  • If you have been subject to negligent treatment, is it vital that you seek further treatment in order to make a recovery? Medical notes can be used as evidence.
  • Keep a diary of symptoms and the impacts they have. This can be useful in gauging your mental state. 
  • Keep records of any financial losses via receipts, invoices or bank statements 
  • Seek legal advice to determine if you have a valid dental negligence claim.

If you would like to know more in regards to the evidence you can gather to support your claim for wrong tooth extraction, please speak with a member of our team. 

Wrong Tooth Extraction Compensation Calculator  

Successful wrong tooth extraction compensation claims can be awarded general and special damages. General damages compensate you for the harm caused by dental negligence. Whereas special damages reimburse you for financial costs and losses.

We have compiled a table using compensation amount brackets taken from the Judicial College Guidelines (JCG). Dental negligence solicitors often use the JCG to value general damages. 

However, the amounts should only be used as a rough guide. This is because each dental negligence claim is unique, and your settlement could differ. 

Body PartSeverity Compensation BracketDetails
JawFracture (i)£30,490 to £45,540Very serious multiple fractures followed by extended treatment and continuing consequences, such as severe pain or restriction in eating.
JawFracture (ii)£17,960 to £30,490A serious fracture with continuous consequences, for example finding it difficult to open your mouth or eat.
JawFracture (iii)£6,460 to
£8,730		A simple fracture that makes a complete recovery but requires immobilisation.
TeethFUp to £38,130Considerable, chronic tooth pain, for instance an untreated abscess continuing over several years.
TeethF (i) £8,730 to
£11,410		The loss of or damage to several front teeth.
TeethF (ii) £4,350 to
£7,630

The loss of or severe damage to two front teeth.
TeethF (iii)£2,200 to
£3,950		The loss of or severe damage to a singular front tooth.
Teeth F (iv)£1,090 to
£1,710
The loss of or damage to back teeth (per tooth).

Furthermore, special damages seek to reimburse you for any monetary losses you may incur as a result of the wrong tooth extraction.  

For example, you might have to go to a private dentist to resolve the issue. Any costs that this may require could be covered by special damages. 

It could also reimburse you for: 

  • Loss of earnings 
  • Travel costs 

Keeping a record of all financial losses is important to enhance your chances of being reimbursed for them.  

How Medical Negligence Assist Could Help You 

By calling our advisors today, they will assess the merits of your case in a no-obligation consultation that is free of charge. This will allow you to ask questions and see if your dental negligence claim is valid.

Should they conclude that you have a solid dental negligence claim, they can offer to connect you with one of our medical negligence solicitors who work on a No Win No Fee basis. Generally, they work under a Conditional Fee Agreement (CFA) which has many benefits.  

For example, generally, you will not be required to pay any solicitor fees upfront or while your case is ongoing. 

Moreover, you only pay a success fee if your case is successful. This means that if your case is not won, you will not be required to pay the success fee.  

To get in contact: 

Medical Negligence Claims Resources

Here we have included some of our own guides relative to medical negligence:

Additionally, we have included some external guides that could be of benefit to you: 

Thank you for reading our guide on the steps you can take if you have endured a wrong tooth extraction.