Have you been the victim of a wrong tooth extraction? If so, this can be very upsetting and frustrating, as it is not a procedure that can simply be reversed. This is considered a form of dental negligence, and if you have been the victim of such an incident, you will be entitled to wrong tooth extraction compensation. Here at Accident Claims UK, we have helped many people to get the compensation that they deserve for incidents like this. We will provide you with a personal injury solicitor that has years of specialist experience, and they will help you to get the full amount of compensation deserved. 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 about these sorts of claims.
Select A Section
- A Guide To Claiming Compensation For A Wrong Tooth Extraction
- What Is A Wrong Tooth Or Wrongful Tooth Extraction?
- What Reasonable Care Standards Must A Dentist Take?
- What Duty Of Care Does A Dentist Owe A Patient?
- 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?
- A Dentist Extracted The Wrong Tooth, What Can My Claim Include?
- My Dentist Pulled The Wrong Tooth – Compensation Claims Calculator
- Personal Injury Claims Time Limits If The Dentist Extracted The Wrong Tooth
- Wrongful Tooth Extraction Case Study
- No Win No Fee Dental Malpractice Or Wrong Tooth Extraction
- Why Claim For A Wrong Tooth Extraction With Us Today
- Contact The Advisors At Accident Claims Today
- Additional Resources And Information
There are many different ways that dental negligence can happen, for example, your dentist could have diagnosed the incorrect dental issue. Nevertheless, some of the most common cases of dental negligence that we have handled are those whereby the incorrect tooth has been extracted. Similar cases include whereby another tooth has been damaged while your tooth was extracted or cases whereby too many teeth have been extracted. 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 cases. This includes details on how to make a claim, the reasonable care standards dentists need to take, and information on how common these incidents happen. We will also provide you with information on the service we offer, including 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, whereas 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 whereby no other course of action could be possibly be taken except to 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.
If you are being treated by a dentist, or any other type of medical practitioner for that matter, then you are entitled to expect a certain level of medical care. One thing you certainly should not expect is for your dentist to pull out the wrong tooth. If your dentist has damaged any of your teeth during this procedure or they have taken out the wrong tooth altogether, then you should expect a standard of medical care that is higher than this. This is why you will be within your right to secure compensation.
While there are a number of different risks that are linked with any type of surgery or medical procedure, this does not mean that errors should be expected. Medical practitioners, for examples, hospitals, oral surgeons, and dentists, all need to take the required steps to ensure that all errors and risks are mitigated. This means that appropriate care must be provided, and it must be carried out to a specific standard. Because of this, if this duty of care has not been upheld, you will be able to claim compensation. After all, you should not simply accept the fact that your dentist has extracted the wrong tooth.
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 accident 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 you have even suffered an injury in the first place.
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. It is important to note that when you make a claim for compensation, you will not only be able to claim for the physical injuries you have sustained but also the psychological injuries too. In addition to this, you may end up with a gap in your teeth for a period between three and six months if the wrong tooth has been removed. This is because a bridge cannot be fitted into the gap until the gum has healed. This can lead to a reduced quality of life, as individuals may have problems with eating or drinking. Not only this, but some people experience issues with their confidence, especially if the gap is visible. You also need to consider the fact that further dental treatments will cost money, and so there is the financial element to take into account too. All of this will be taken into account when determining the dentist pulled wrong tooth settlement you will receive.
If your dentist has worked on the wrong tooth, there are a number of steps you should take. This includes the following…
- See a medical professional – The importance of seeing a doctor cannot be ignored, irrespective of how minor your injuries may be. If you want to have any chance of securing compensation, it is imperative to see a medical professional, as they will provide their expert take on your injuries, which will then be utilised to determine how much compensation you will be awarded. For dental claims, your oral doctor will be able to determine the impact this treatment has and will happen on your life, including the psychological impact.
- Get contact details – You should get the contact details of the person that caused the incident and the dentist they work for, as well as anyone that witnessed the incident, for example, you may have gone to the appointment with a parent or partner.
- Keep proof of costs – It is likely that you will have suffered some expenses due to your injuries. However, you can claim for these as special damages. You will need proof though, so don’t throw away your 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.
- Make sure the solicitor is certified and that their practices are regulated
- Opt for someone with a considerable degree of experience
- Make sure the solicitor specialises in the relevant area of personal injury compensation, i.e. if you have been injured in a dentist incident you will need someone that specialises in medical negligence
- Ensure they are happy to work to a No Win, No Fee payment agreement
- Look for someone that is based in the UK and registered in the UK
- Read reviews that have been left by previous customers to see what they have had to say
When it comes to making a claim for compensation for wrong tooth extraction, it is important to understand how compensation is split up. This will give you a thorough understanding of what you can and cannot claim for. You will be able to make a claim for your injuries, of course. As mentioned, this relates to both the physical and psychological injuries that have occurred due to the tooth extraction gone wrong. You will also be able to make a claim for any of the costs that you have suffered because of what has happened. There are so many costs that someone could experience because their dentist has extracted the wrong tooth. Of course, you are likely to experience costs in the form of further dental treatments and you may need counselling too. You can also claim for travel expenses, as well as loss of income if you have been left unable to work while you recover from your injuries.
Now that you have a good understanding of how compensation is split up, you probably want to know exactly how much compensation you are going to get. You may have come across a personal injury claims calculator online. However, we do not recommend using these. They are more marketing tools, rather than being accurate calculators. The best thing to do is take a look at the average payouts awarded for other cases of wrong tooth extraction in the UK. We have put together this data in the table below. If you cannot find the injuries you have sustained, please do not hesitate to give us a call for some more information.
|Minor injury||A recovery made, in full, within 3 months||£1,200 to £2,150|
|Minor injury||A recovery made, in full, within 28 days||£600 to £1,200|
|Minor injury||A recovery made, in full, within 7 days||A few hundred pounds to £600|
|Damage to teeth||Loss of or damage to back teeth: per tooth||£960 to £1,500|
|Damage to teeth||Loss of or serious damage to one front tooth||£1,930 to £3,460|
|Damage to teeth||Loss of or serious damage to two front teeth||£3,810 to £6,690|
|Damage to teeth||Loss of or serious damage to several front teeth||£7,3650 to £10,010|
|Damage to teeth||Significant, chronic, tooth pain extending over a number of years.||Up to £33,430|
The time limit for all personal injury claims is usually three years. This means that you have three years from the date of the accident you have been involved in, i.e. when the dentist operated on the wrong tooth, and court proceedings must be issued within this time frame. Therefore, if you were injured on 21st May 2018, you will have until 20th May 2021 to make a claim.
Are there any exceptions? The time limits that are in place are very strict. However, there are some exceptions, and this relates to incidents whereby injuries have developed over time, making it impossible to pinpoint an accident date. This typically occurs with workplace incidents and injuries, though, rather than dental cases. Moreover, if this has happened to your child, you will have until they are 18 to claim on their behalf. They will then have three years from their 18th birthday to make a claim if you have not.
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.
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.
All of the solicitors we can offer to match you with work on this basis. No Win, No Fee presents many benefits to you. Firstly, you will only pay legal fees if your case is successful. This reduces the monetary risk substantially. If you were to use the services of accident lawyers that charge by the hour, there is always the risk that you could lose huge sums of money if your case is not a success. Aside from this, No Win, No Fee also means that you do not need to make a massive upfront payment to start the claim process. It also means that we won’t waste your time – if we don’t believe your case is strong enough, we will tell you.
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.
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