Are you looking for information on how to sue for a wrong tooth extraction? If your dentist has pulled the wrong tooth, you might be suffering a significant degree of pain and disruption. This in turn can generate expenses which you could be compensated for. Our guide explains.
We’ll begin by looking at eligibility to launch a dental negligence claim and how compensation is calculated. Evidence is an essential part of a legal action as you need to show that a duty of care owed to you was breached, so we list what you can use.
Our article then details how a solicitor from our panel could step in and help. They offer eligible claimants a way to fund their service using a type of No Win No Fee agreement. This brings many benefits to you, such as not having to find funds when hiring a solicitor.
We invite you to continue reading to learn more, or if you wish to discuss how to sue for a wrong tooth extraction now, you can:
- Call our friendly advisory team on 0800 408 7827
- Speak with a live chat advisor for an instant reply.
- Contact us using the online form.
Please Jump To A Part Of Our Guide
- Can I Claim Compensation If My Dentist Extracts The Wrong Tooth?
- How Much Compensation You Can Get For Wrong Tooth Extraction
- How To Sue For A Wrong Tooth Extraction
- How Our Panel Of Solicitors Can Help
- More Information
Can I Claim Compensation If My Dentist Extracts The Wrong Tooth?
You could be entitled to compensation for your pain, suffering and financial losses if you can prove a dentist breached their duty of care to you as a patient. Dentists, like all medical professionals, must meet certain professional standards, regardless of whether the treatment is through the NHS or a private dental clinic.
A claim for compensation could apply if you can show:
- The dentist owed a duty of care to meet professional standards.
- They fell below these standards.
- You suffered unnecessary or avoidable harm because of this. This is harm you wouldn’t have suffered had the right level of care been given.
With all three points in place, you could be eligible to launch a compensation claim against the dentist or clinic in question. If you’d like to discuss how to claim for a wrong tooth extraction in person, our advisory team are happy to assist on the contact choices above.
How Might A Dentist Extract The Wrong Tooth?
There are a variety of ways in which a dental professional may extract or work on the wrong tooth. Here are some examples:
- The dentist failed to correctly read patient records and went ahead with a procedure on the wrong tooth without checking.
- A dentist failed to examine your mouth correctly, which led to a misdiagnosis and the wrong tooth being extracted.
- Dental clinic staff may have confused patient notes and the dentist failed to check they were working on the right patient.
- The dentist misinterpreted your X-ray results, resulting in the wrong tooth being extracted.
There can be other examples of how a dentist extracts the wrong tooth. Also, understanding how to sue for a wrong tooth extraction might be easier with our help, so get in touch to discover more.
How Much Compensation You Can Get For Wrong Tooth Extraction?
When looking at how much compensation for wrong tooth extraction might apply, those involved in the calculations look at two categories of loss called general and special damages.
Factors That Can Affect Your Claim
General damages factor in the physical pain and emotional distress you may have experienced after the wrong tooth has been extracted. To arrive at a figure for pain, psychological injury and lost amenity, those involved might look at dental records and other medical reports to assess the extent of harm.
In addition to this, they can consult with publications such as the Judicial College Guidelines. In this document, various injuries are given guideline amounts based on severity. We’ve compiled an excerpt from the JC Guidelines using its entries about teeth. It’s important to stress these bracket sums are purely guidelines and the first entry is not taken from the JCG:
Compensation Guidelines
| AREA | SEVERITY | GUIDELINE BRACKETS | NOTES |
|---|---|---|---|
| Several types of harm and special damages | Serious | Up to £150,000 plus. | Cases where the person suffered more than one serious form of harm and claimed special damages for lost income, private dental treatment and on-going care costs. |
| Damage to Teeth | Significant | Up to £46,540 | Chronic pain and deterioration of teeth over a number of years. |
| (i) Serious | £10,660 up to £13,930 | Serious damage or loss of several front teeth. | |
| (ii) Damage to two front teeth | £5,310 up to £9,310 | Awards can be at the upper end of this bracket for two front teeth, or lower end if the loss involves milk teeth. | |
| (iii) Lost tooth | £2,690 up to £4,820 | Loss or damage to one front tooth. | |
| (iv) Loss or damage to back toot | £1,330 up to £2,080 | This amount can apply per tooth. | |
| Psychological Harm | (b) Moderately Severe | £23,270 up to £66,920 | Despite an initially severe psychological reaction, the person is expected to have a more positive prognosis going forward. |
| Facial Injuries | (ii) Serious fracture | £21,920 up to £37,210 | Permanent problems eating and opening the jaw and possibly with some paraesthesia. |
| (iii) Simple fracture | £7,880 up to £10,660 | From which a complete recovery is made. | |
| Post-traumatic stress disorder (PTSD) | (c) Moderate | £9,980 up to £28,250 | A recovery with no grossly disabling after effects. |
Special Damages And How They Affect Your Claim
Another factor that can have a bearing on your claim is financial losses. Under the second category, special damages, it is possible to claim back all the financial consequences of the wrong tooth extraction. It will be necessary to submit evidence of these expenses and losses, such as:
- Any proof of private dental treatment elsewhere to correct the problem.
- Tickets and receipts for any travel expenses.
- Payslips that show a loss of earnings because of time off work.
- Evidence of any costs relating to care from others that you needed.
Special damages can be a sizeable part of compensation in successful dental negligence claims. An amount could be calculated that includes all these costs, so call to learn more about how to sue for a wrong tooth extraction.
How To Sue For A Wrong Tooth Extraction
When considering how to claim for wrong tooth extraction, it’s useful to be aware of three key areas, which are gathering evidence, time limits and the options available for seeking the help of a solicitor:
Gathering Evidence To Support Your Claim
It’s important to gather evidence that proves you suffered avoidable or unnecessary harm because of the wrong tooth extraction. With this in mind, the following might be useful if you can gather it:
- Copies of your dental records that show the treatment given or recommended.
- X-rays of the tooth and cavity,
- The contact details of others who saw the dental negligence taking place. These people can supply a supporting statement at a later date to a solicitor should you choose to appoint one.
- The packaging or prescriptions for any painkiller medication you needed to take.
- A photo of the cavity (if possible) or pictures of any associated facial scarring.
- The name and contact details for the dentist who incorrectly performed the tooth extraction.
Expert advice from the solicitors on our panel could help you understand what evidence to gather and put forward. It could boost any ultimate compensation awarded if your claim is a success. Call to learn more about how to sue for a wrong tooth extraction today.
How Long You Have To Start A Claim
There are time limits on when to start dental negligence claims. The Limitation Act 1980 states that you have three years to claim starting from the date of the harm in most cases. However, in cases of wrong tooth extraction, this period may also start from a ‘date of knowledge’. This is the date when it is reasonable to expect you realised dental harm resulted from negligence.
Time limits are altered for two types of claimants:
- Minors are unable to launch a claim themselves until they become 18. From this date they are allocated three years to claim.
- Those lacking mental capacity are not bound by a time limit, if and until their capacity is restored. They are then allocated three years to claim from this date.
- Both groups may have a concerned party allocated by the courts to start the claim at any point for them. This is known as a litigation friend and the person undertakes all aspects of the dental negligence claim on the person’s behalf.
If you’d like guidance on time limits or the role of a litigation friend in your case, please reach out to the team.
Considering A No Win No Fee Claim Agreement
The solicitors on our panel can offer a type of No Win No Fee contract called a Conditional Fee Agreement (CFA) you can expect the following:
- No upfront solicitor’s fees.
- No solicitors’ fees as the claim develops.
- No fees for completed services if the claim fails.
In fact, under a CFA a success fee is only owed to the solicitors if your wrong tooth extraction claim wins. This small amount is a percentage, deducted at the end and subject to a legal limit. You can agree the percentage with your solicitor at the start of the claim but the cap ensures you always receive the bulk of the award.
How Long It Can Take To Receive Compensation
Some issues might have a bearing on how long it takes to receive compensation:
- The level of harm you experienced after the dentist pulled the wrong tooth.
- Whether you have fully recovered or not.
- If the claim needs to go to court.
- Whether the NHS or a private dental clinic is arguing about their liability.
- Whether the court is waiting for reports from specialists or other evidence.
Tackling delays like these is where expert help from a solicitor is so useful. You can represent yourself, but it makes sense to see how a professional could navigate these issues and help you receive your compensation as quickly as possible.
If you’re feeling unsure of how to sue for a wrong tooth extraction, why not call to see if our panel of solicitors could accept the case?
How Our Panel Of Solicitors Can Help
Negotiating a speedy conclusion to a medical negligence claim is just one way that the solicitors on our panel can help. If they are able to accept your case, you can expect a wealth of other excellent legal services such as constant updates on the claim and a thorough and detailed assessment of the compensation owed to you.
In addition to this, they will negotiate forcefully on your behalf and attend to all the court requests that might arise along the way. Legal jargon is explained and you are supported throughout the claims process from start to finish.
Our advisors can explain how to sue for a wrong tooth extraction using a solicitor from our panel right now. Simply:
- Call us on 0800 408 7827 after dental negligence occurred.
- Speak with a live chat advisor for an instant reply.
- Contact us using the online form.
More Information
In addition to information on how to sue for a wrong tooth extraction, here are additional guides from our site:
- This guide explores how to sue for dental negligence in more depth.
- Here we discuss compensation pay outs in more detail.
- Also, you can read about emotion distress claims for compensation.
External resources:
- Here is information on the Dental Complaints Service.
- You can read about NHS dental services in this guide.
- Further information on what you can expect from a dental professional.
Thanks for reading our guide on how to sue for a wrong tooth extraction. If you’d like any more help with starting dental negligence claims, connect via the contact options above.