By Megan Swan. Last Updated 19th July 2023. Welcome to our guide, which covers what you need to know about wrong tooth extraction claims and dental negligence claims as well as dental compensation amounts.
If your dentist took out the wrong tooth and you want to make dental negligence claims, this guide could give you insight into how much compensation for wrong tooth extraction you could look to receive and what to do if your dentist makes a mistake.
We also show you how dental negligence solicitors could help if a dentist extracted the wrong tooth in the UK, and what could make up your compensation for loss of teeth award if your dentist pulled the wrong tooth.
Here at Accident Claims UK, we have helped many people to get the compensation that they deserve for incidents like this.
You can reach us on 0800 073 8801. But before you do that, make sure you continue reading to find out everything you need to know claiming if the dentist took out the wrong tooth.
Select A Section
- A Guide To Claiming Compensation For A Wrong Tooth Extraction
- What Is A Wrong Tooth Or Wrongful Tooth Extraction?
- How A Dentist’s Negligence Leads To Dental Claims
- How Commonly Is The Wrong Tooth Extracted?
- My Dentist Extracted The Wrong Tooth, Can I Claim Compensation?
- What Can The Effect Be Of Having The Wrong Tooth Extracted?
- What Do I Need To Do If A Dentist Extracted The Wrong Tooth?
- Dental Negligence Payouts In The UK
- Dental Negligence Claim Time Limit
- Wrongful Tooth Extraction Case Study
- Dental Negligence Solicitors – No Win No Fee Dental Negligence Claims
- Why Claim For A Wrong Tooth Extraction With Us Today
- Contact The Advisors At Accident Claims Today If A Dentist Makes A Mistake And Extracts The Wrong Tooth
- Additional Resources And Information Related To Dental Negligence Claims
If any of this has happened to you, there is a very high chance that you are going to be able to make a personal injury claim. In this guide, we will reveal everything you need to know about wrong tooth extraction compensation. This includes details on how to make a claim. Plus, the reasonable care standards dentists need to take. We even include information on how commonly these incidents happen. We will also provide you with information on the service we offer. This includes our No Win, No Fee approach.
If you need to have a tooth extracted, there is no denying that it can be a stressful experience. Some people do not mind going to the dentist. Others are petrified by it. A tooth typically needs to be extracted when there is damage present that is beyond repair. This could be that there is an infection. If no other course of action could be possibly be taken, the dentist could remove the tooth. A wrongful tooth extraction is whereby this procedure has gone wrong. There are a number of different ways that this could happen. Your dentist could have taken out the incorrect tooth, for example.
You can also claim wrong tooth extraction if your dentist has pulled out too many teeth. Or, if they have damaged a surrounding tooth while removing the correct one. This could cause pain and further damage to your health. It can also be upsetting from a cosmetic viewpoint too. If this has happened, you will definitely be able to get compensation for what has happened.
For all dental claims, you must be able to prove that you suffered unnecessary harm due to a negligent dentist breaching their duty of care. All medical professionals in both the private and public healthcare sectors owe a duty of care.
As part of this duty of care, they must ensure that they provide you with the correct standard of service or treatment. This duty applies to doctors, nurses, pharmacists, and dentists.
If a dentist were to breach this duty of care, this could result in you becoming harmed. For example, if you displayed clear symptoms of having a dental abscess, but the dentist did nothing to treat it, this could result in further harm. In this instance, you could be eligible for compensation. This is why evidence is crucial for proving negligence occurred. Later in this guide, we will provide some examples of evidence you could gather to help support your claim.
Contact our advisors today if you have any questions about proving dentist negligence in a dental negligence claim.
You may be wondering how common wrong tooth extraction in the UK is. According to the statistics that have been revealed, approximately 83 per cent of treatments to the incorrect tooth have involved the wrong tooth being extracted. While the most recent statistics are not very recent, having been published in 2007, they still help to give you a good understanding. In this year, the General Dental Council recorded that there were 2,399 cases whereby complaints were made involving dental malpractice because dentists had taken out the incorrect tooth.
When you also factor in that dental treatments have got more and more expensive over the past decade, you also need to consider that our willingness to accept errors has decreased and our standards have risen.
In order to determine whether you have the basis for a claim for compensation for wrong tooth extraction, there are three questions you need to ask yourself…
- Who caused the accident?
First and foremost, you need to determine who is at fault for the accident happening. Needless to say, you will not be able to claim if the incident was your fault. It needs to have occurred because of someone else’s error or negligence. In this case, it would, of course, be the dentist. Therefore, you cannot claim if you have told the dentist you were experiencing pain in the incorrect tooth, for example. However, it is very rare for the lines to be blurred when it comes to cases of dental malpractice for wrong tooth extraction.
- When did it happen?
Many people are unaware of the fact that there are time limits on claims. There is nothing more frustrating than going to make a personal injury claim only to discover that you are too late. The personal injury claims time limit on these cases is typically three years but do ring for clarification as there are some exceptions.
- Did you see a doctor?
Last but not least, you will need to see a medical professional after the incident occurred. It is pivotal to be diagnosed with your injury. A lot of people bypass this because they would rather cope with the injury in question themselves. However, if you do this you will not be able to claim, as there will be no proof that your dentist took out the wrong tooth.
Having the wrong tooth taken out is a common yet serious type of incident involving dental patients. The implications vary depending on the nature of the accident. Such incidents tend to be called “wrong type surgery” and they can often be shortened to WTE, which simply stands for wrong tooth extraction. There are many different reasons why such an incident can happen. For example, one of the more common reasons for such an incident happening is because dental clinicians and practitioners can sometimes be confused with regards to tooth notation systems.
Not only this, but mix-ups can arise because the notation is often not communicated in a clear manner. Some of the consequences of such incidents include further damage to the gum, the roof of the mouth, or jaw bone, as well as damage to other teeth.
Some people also suffer the removal of an otherwise healthy tooth as well as delays in terms of extracting the correct tooth. If the wrong tooth is taken out, it can lead to a number of other knock-on symptoms and circumstances. Some people develop a serious fear of going to the dentist again. Not only this, but often having a tooth extracted will involve some form of anaesthetic, and this could make a person scared of ever having a procedure with anaesthetic again.
Dentist Pulled The Wrong Tooth Settlement Amount – What Impacts My Payout?
If a dentist pulled the wrong tooth, and you intend to claim compensation, you might wonder what could impact dental compensation amounts.
First of all, we should mention that the type and position of the tooth could impact your compensation. Additionally, dental compensation amounts could be impacted by how many teeth are damaged. The compensation awarded should reflect the pain and suffering you have experienced as a result of dental negligence, including the impact on your quality of life. Factors that may be considered can include whether there has been any difficulty eating and how long the person has been affected after the dentist pulled the wrong tooth.
If your dentist took out the wrong tooth, there are a number of steps you could take as part of the dental claims process. This can include:
- Gather medical evidence – This can include records from your dentist. You may be asked to attend an independent medical assessment to determine the extent of the harm you sustained due to dental negligence, including the psychological impact.
- Keep proof of costs – You may have suffered some expenses due to your injuries, such as loss of earnings. However, you can claim these back under special damages. You will need proof though, such as receipts or any other relevant documents.
- Find a quality solicitor – The importance of finding a quality personal injury lawyer cannot be undervalued, which is why we have put together some advice on hiring a solicitor below.
What to do if a dentist makes a mistake and I don’t want to go back to them?
If your dentist pulled the wrong tooth or made another mistake with your treatment, you may not want to return to them. In some cases, you could ask them to repair the damage. However, if you would prefer to, you could seek advice from another dentist instead. If you would like to know what to do if a dentist makes a mistake and you’d like to seek compensation, please call us. We can help you understand whether you’re eligible for dental compensation amounts. We could also help assess your chances of receiving dental negligence compensation.
Following a successful claim, compensation for dental negligence could include both general and special damages. General damages compensate you for the harm you have suffered due to a dental practitioner breaching their duty of care.
To help you gain a clearer idea of how much compensation could be awarded for dental negligence cases, we have created the following table. The figures listed have been taken from the most recent edition of the Judicial College Guidelines (JCG), updated in April 2022. Many legal professionals will use the JCG to help them value claims as it provides compensation brackets for various injuries.
It is important to note that dental negligence payouts in the UK will vary from claim to claim. This is because the specific factors of your claim, will affect how much compensation you could receive. Therefore, you should only use this table as a guide.
|Damage to teeth||Tooth pain, potentially due to an untreated abscess, that lasts for a number of years and deteriorates the teeth condition.||Up to £38,130
|Damage to teeth (i)||Several front teeth have been lost or seriously damaged.||£8,730 to £11,410
|Damage to teeth (ii)||Two front teeth have been seriously damaged.||£4,350 to £7,630
|Damage to teeth (iii)||One front tooth has been lost or seriously damaged.||£2,200 to £3,950
|Damage to teeth (iv)||The back teeth have been lost or damaged. Compensation is awarded on a case by case basis.||£1,090 to £1,710|
|Fractures of Jaws (iii)||A full recovery from a simple fracture that required immobilisation.||£6,460 to £8,730|
|Psychiatric Damage Generally - Less Severe||How much is awarded will depend on the length the person suffered and how much activities such as sleep were impacted.||£1,540 to £5,860|
|Facial Disfigurement (e)||Trivial scarring with with only minor effects.||£1,710 to £3,530|
Special damages aim to compensate you for any of the financial losses you have suffered as a direct result of dental negligence. For example, this could include further dental costs due to the wrong tooth being extracted. Providing evidence of your financial losses could help support your claim, such as invoices or bank statements.
Contact an advisor today if you have any questions about making a dental negligence claim.
The time limit for starting a dental negligence claim is three years from the date that the harm occurred. This is set out in the Limitation Act 1980, and it’s important to make sure that you begin proceedings within this time, otherwise, your claim could be dismissed.
However, you may still be able to claim if a dentist pulled the wrong tooth and you are outside of this limit because the legislation above allows for some exceptions for those under the age of 18 and those who lack the capacity to claim for themselves.
For those under the age of 18, the time limit is frozen until their 18th birthday. It then begins and runs until they turn 21. However, while the time limit is frozen, a litigation friend can begin proceedings on their behalf.
The time limit is also frozen for those who lack the capacity to claim for themselves. In this case, the time limit will only resume if they regain the capacity to make a claim. Otherwise, a litigation friend can make a claim on their behalf.
To learn more about claiming dental negligence and to find out if you are within the relevant time limit, contact our team of advisors today.
There have been many case studies involving wrongful tooth extraction. In this specific case study, we are going to take a look at an incident whereby a dentist removed the wrong teeth. This was a case that was carried out by a different personal injury claims company. However, the records have been made public, and so it provides a good way to get an understanding regarding the different cases involving dental negligence and how a good personal injury lawyer can assist.
In this case, the claimant was a female who was living in Oxfordshire at the time. The case was complex and enabled her to make a case against two different hospitals for the negligent treatment she experienced. This is because the Royal Cornwall Hospital were deemed negligent when carrying out the initial dental assessment. She then received negligent treatment at Oxford University Hospital. While she was under general anaesthetic here, she had two of her teeth removed. However, sadly, one of her teeth that were removed was the incorrect one.
How did the claim end?
When she enlisted the help of a personal injury firm, they found that both hospitals were at fault. The first hospital was deemed at fault because they had not identified the teeth that needed to be extracted correctly. The process did not fall in line with the recommended process for noting teeth as outlined by the British Orthodontic Society. Then, the second hospital, which carried out the treatment was also deemed at fault. Both hospitals admitted liability, and they split the settlement amount between them, which was £2,500.
If you’re eligible to make dental negligence claims, you may be looking for dental negligence solicitors to help you.
When claiming compensation for loss of teeth or other types of dental negligence, you may find it beneficial to seek legal representation. One of our solicitors could help you gather evidence to support your case and take you through each stage of the claims process. Plus, they could use their knowledge and experience to ensure you receive a fair settlement.
Why make No Win No Fee dental negligence claims?
Our dental negligence solicitors offer their services on a No Win No Fee basis. They can represent your claim under a Conditional Fee Agreement. This means they can provide their services without requiring an upfront fee. Additionally, they won’t require payment for their services if your claim fails.
If your claim succeeds, you will pay a success fee from your compensation. This is a percentage that is capped by law.
If you would like to talk to us about making a No Win No Fee claim with our dental negligence solicitors, please call us. We’d be happy to talk to you about the process in more detail.
Sadly, accidents happen every day. In most incidents, people are lucky enough to escape with a minor injury. However, that is not always the case. If you have been involved in an accident that was not your fault and you have been injured as a result, you will be entitled to compensation, no matter how minor or severe your dental injury is. The only thing you need to do is make sure you locate the right accident lawyers to work on your case. This is exactly what Accident Claims UK can assist with. Read on to discover why we are a brilliant option for anyone that is seeking to secure compensation.
There is only one place to begin, and this is with the fact that solicitors we provide offer a No Win, No Fee service. The benefits of this were explained above. We are also a company you can trust. We are one of the leading firms of our type here in the UK and we have an exceptional reputation. Once you start browsing our website you will see that we have received glowing feedback from our previous clients. Having been established many years ago, we have an abundance of experience, and therefore you can be confident that we will have handled cases similar to yours before. Give us a call today if you have any queries or would like to start making a claim.
Contact The Advisors At Accident Claims Today If A Dentist Makes A Mistake And Extracts The Wrong Tooth
If you are ready to make a claim, we are here to help you get the amount of compensation you deserve. All you need to do is give us a call on 0800 073 8801. You will speak to a friendly member of our team who can answer your queries and start the claims process for you. There are other ways for you to get in touch too, including via live chat and email.
More on dental accidents – Further information on this type of claim.
Medical negligence – Claims for medical negligence are explained here.
NHS – Tooth Extraction – A guide from the NHS
Thank you for reading this dental negligence claims guide. This guide covered how much compensation for a wrong tooth extraction you could get. If you have been affected by a wrong tooth extraction, or if your child’s dentist took out the wrong tooth and you want to make dental negligence claims, please get in touch. We would be happy to help you with your claim.
We could also give you an idea of how much compensation for a wrong tooth extraction you could receive.