By Danielle Jordan. Last Updated 10th October 2024. In this guide, we discuss claiming compensation after your dentist took the wrong tooth out. Whilst dental negligence can take many forms, one of the most common forms of dental negligence claims we see is when the dentist extracted the wrong tooth. Within this guide, we’ll address questions such as ‘how much compensation for a wrong tooth extraction could I claim?’
There are many reasons why people need to have teeth extracted. If, however, your dentist pulled the wrong tooth, pulled too many teeth, or if a wrongful tooth extraction damaged another tooth, you may be eligible for a compensation claim settlement.
You may also be able to claim if a tooth extraction procedure went fine but was actually unnecessary. You could have been directed to have an extraction when treatment such as a root canal procedure could have allowed you to keep the tooth.
If you’ve lost a tooth due to dental negligence, the team at Legal Expert are here to help. Contact us today by calling 0800 073 8804 for advice on making a wrong tooth extraction claim. To contact us online, you can contact us through our website or our 24/7 live chat service.
Select A Section
- My Dentist Took The Wrong Tooth Out, How Much Compensation Could I Claim?
- My Dentist Took The Wrong Tooth Out, Can I Claim?
- How Can A Tooth Extraction Go Wrong?
- What Evidence Do I Need For A Wrong Tooth Extraction Claim?
- No Win No Fee Dental Malpractice Wrong Tooth Extraction Claims
My Dentist Took The Wrong Tooth Out, How Much Compensation Could I Claim?
If your wrong tooth extraction claim is successful, your compensation could potentially be made up of two different heads of claim. These heads of claim are known as special and general damages.
General damages will definitely be awarded, whereas special damages could be awarded.
General damages compensate for the physical and psychological suffering you have been through due to dental negligence. These factors are some that are considered:
- The pain severity.
- Loss of amenity.
- The extent of the treatment required.
Reports from your independent medical assessment can be used alongside the Judicial College Guidelines (JCG) by legal professionals and anyone else involved in evaluating claims to help them calculate general damages.
The JCG is a document that contains guideline compensation values for all sorts of injuries and illnesses.
Guideline Compensation Table
Below, there are some types of harm that could be suffered if a dentist took the wrong tooth out. There are also some guideline compensation values, provided by the JCG (except for the first value, which is not from the JCG).
Please bear in mind that none of the figures in the JCG can be promised for your specific dental negligence claim. This is because all claims are different.
| Injury | Type | Guideline Amount |
|---|---|---|
| Multiple Serious Injuries + Special Damages | Very Serious | Up to £150,000+ |
| Facial Disfigurement | Very Severe Scarring | £36,340 to £118,790 |
| Less Significant Facial Scarring | £4,820 to £16,770 | |
| Skeletal Injuries | Fractures of Jaws (i) | £37,210 to £55,570 |
| Fractures of Jaws (ii) | £21,920 to £37,210 | |
| Damage to Teeth | Up to £46,540 | |
| Damage to Teeth (i) | £10,660 to £13,930 | |
| Damage to Teeth (ii) | £5,310 to £9,310 | |
| Damage to Teeth (iii) | £2,690 to £4,820 | |
| Damage to Teeth (iv) | £1,330 to £2,080 |
Special Damages For A Dental Negligence Claim
Special damages compensate for any financial losses you have incurred due to dental negligence.
As such, special damages can help you recoup:
- The cost of dental implants
- Medication costs, including over-the-counter painkillers
- Loss of earnings for time spent off work as a result of the negligent dentist. For example, days off to attend appointments.
- Further dental treatment costs
Since special damages are not awarded in all dental negligence claims, you must provide evidence of your monetary suffering. Such evidence includes bank statements, invoices, payslips, and receipts.
For more information on how much compensation you could receive after your dentist took the wrong tooth out, please contact us today and explain your circumstances.
My Dentist Took The Wrong Tooth Out, Can I Claim?
If your dentist took the wrong tooth out, you could be entitled to claim compensation if you can prove that dental negligence occurred. Dental negligence is when a dental professional breaches their duty of care, and this causes one of their patients to suffer avoidable harm (harm that could have been avoided).
All dental professionals, including dentists and dental nurses, owe a duty of care to their patients. This means that they must always deliver the correct standard of care. If they ever deliver a standard of care that falls below the minimum standard, this is a breach of duty.
As such, you must meet each of the eligibility criteria in order to be eligible for wrong tooth extraction compensation:
- A dentist owed you a duty of care.
- The dentist failed to comply with their duty of care.
- Due to this, you suffered avoidable harm.
Not all harm experienced in a dental setting is eligible for compensation. For example, you may not be eligible to claim if you suffer an allergic reaction to a medicine administered while removing your tooth if this was an unknown allergy. This is because the dentist could not reasonably have been expected to know of this allergy.
So, it is very important to confirm your claim eligibility with us. Contact us today for a free consultation about your potential case.
Time Limit For Claiming
If you are eligible to start a compensation claim for wrongful tooth extraction, then you should start it within three years of when the extraction occurred. Dental negligence claims usually need to be started within a three year period of when the incident or injury happened (or starting from the day you became aware of an injury being caused or worsened by dental negligence). This is applied by law under the Limitation Act 1980.
The time limit for starting a claim may be put on hold at least temporarily in some circumstances:
- If a child suffers a wrong tooth extraction, then the time limit for claiming is frozen until they turn 18. They’d have 3 years to claim from their 18th birthday.
- If someone lacks the mental capacity to claim, the time limit is frozen unless they recover capacity. They’d have 3 years to start a claim from the date of recovery.
While a victim of a wrongful tooth extraction is unable to claim on their own (if they’re under 18 or lack mental capacity), a representative known as a litigation friend may be able to start a claim on their behalf.
How Can A Tooth Extraction Go Wrong?
A tooth extraction could go wrong for a number of reasons. For example:
- The wrong tooth is removed
- A lack of sterilisation of tools prior to surgery could lead to an infection of the gum
- A failure to pull the tooth, or it’s root, out entirely could lead to a nerve injury and future growth problems
- An error while performing the extraction, could lead to the fracture or breaking of other surrounding teeth.
All of these actions could be seen as negligence on the part of a dentist, and they could be found liable for any harm caused.
If you have suffered due to a botched tooth extraction and want to seek compensation for a loss of teeth or other form of harm, please reach out to one of our advisers.
What Evidence Do I Need For A Wrong Tooth Extraction Claim?
If you want to make a claim because the wrong tooth was taken out, you need to make sure that you can prove your claim. Ideally, you’ll have enough evidence to prove:
- How severe your injuries are
- Who is responsible
- How long it will take to recover
- Any financial losses caused by your injuries
Some examples of evidence that you could use to support a wrong tooth extraction claim include:
- X-rays and scans
- Photographs of the tooth before it was extracted and after
- Notes from your dental records
If you choose to make a claim with the help of a solicitor, they can help you gather evidence to support your case. Contact our team of advisors today to learn more, or keep reading for more information on making a dental negligence claim.
No Win No Fee Dental Malpractice Wrong Tooth Extraction Claims
If you suffered due to a negligent tooth extraction and would like to make a claim, one of our solicitors could help you on a No Win No Fee basis. They typically offer their legal representation under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee arrangement.
A No Win No Fee solicitor usually won’t charge upfront for their services. They typically won’t ask you to pay for any ongoing costs either. If your solicitor is successful, they will take a legally limited success fee from your award. Should your claim not succeed, your solicitor typically won’t ask for a payment for their services.
You can get in touch with our advisors if you have any questions about what steps to take after the dentist pulled the wrong tooth. In addition to free advice, they can check the eligibility of your claim. If it seems valid, you could be put in touch with one of our solicitors. Our solicitors usually offer their services on a No Win No Fee basis.
To speak to an advisor:
- Call 0800 073 8804
- Start your claim online.
- Use our live webchat at the bottom of the screen.
Contact Legal Expert Today
If you suffer because your dentist extracted the wrong tooth, you can start a dental negligence claim. You can contact us on the number above or by using the contact form or live chat and requesting a callback. If you prefer to send the details of your claim in an email, you can do so to office@legalexpert.co.uk.
