By Stephen Hudson. Last Updated 5th March 2024. This is a case study guide to wrong tooth extraction claims. In this guide, we look at an example of a successful case of someone claiming following an incident where a dentist pulled the wrong tooth.
If you’ve been harmed due to dental negligence, you could also potentially claim compensation. To find out more about your eligibility, get in touch with our team of expert advisors. You could potentially be connected with one of our solicitors.
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Contents
- Can I Claim If The Dentist Took Out The Wrong Tooth?
- The Impact Of The Wrong Tooth Being Extracted
- Claiming For Careless Treatment
- How To Claim For Dental Negligence
- What Can You Claim For Following A Wrong Tooth Extraction?
- Dental Negligence Claims – No Win No Fee Solicitors
- Useful Links
Can I Claim If The Dentist Took Out The Wrong Tooth?
If you went to your dentist for a tooth removal procedure, but your dentist pulled the wrong tooth, not only will the procedure cause you unnecessary harm but your pre-existing issues may be exacerbated.
For example, if your tooth was supposed to be extracted due to serious decay, but another tooth was pulled instead, the existing decay could worsen due to the delay in treatment.
All medical professionals have a duty of care to provide a minimum standard of care to patients, and this includes dentists. If your dentist breaches this duty of care and causes you harm, you could potentially claim compensation from them for dental negligence.
For more information on how you could claim for wrong tooth extraction in the UK, get in touch with our advisors today.
Case Study
In the case study featured in this article, the claimant, otherwise known as Mr L, had the wrong tooth pulled by his dentist. This guide will look at how this happened, how it impacted the claimant, and how much he received in compensation as a result of a successful claim.
Mr L filed a claim against his dentist after he pulled the wrong tooth. He went in to have a back tooth extracted due to serious decay that had worsened over several years. However, during the procedure, the dentist accidentally removed a front tooth instead.
The claim was eventually settled at £40,000. More information on this case study is included below.
The Impact Of The Wrong Tooth Being Extracted
Having the wrong tooth extracted could have a multitude of negative consequences. You may need to have another extraction to rectify the botched surgery, but also it is not uncommon for people to suffer psychological pain too because of what has happened.
Patients could fear a similar mistake recurring, but also they can end up with a large gap because two teeth have been removed instead of one. This can leave the person feeling self-conscious, especially as it is considered good practice to give the gum a minimum of three months to heal before a bridge is fitted. This can have a negative impact on the patient’s quality of life, making it difficult for them to eat or drink while also leading to confidence issues.
There is also the financial impact of dental negligence to think about too. Dental treatment can be costly, no matter whether it is private or NHS. You may suffer financial losses by paying for the corrective surgery required to remedy the situation if a dentist worked on the wrong tooth.
Case Study Impacts
For Mr L, having his front tooth removed instead of his back tooth had a range of negative consequences, hence his high compensation payout.
Firstly, the decaying tooth continued to worsen, causing considerable pain and suffering. He also suffered a psychological injury due to severe self-esteem issues and anxiety. This would be covered under general damages.
Secondly, the removal of his front tooth affected his working life. Mr L was a model, and since he was missing a tooth, he struggled to find work. He lost out on months of income due to being unable to find employment. He claimed this loss back under special damages.
Lastly, Mr L changed dentists before having the decayed tooth removed and having a replacement fitted for his missing front tooth. These procedures were costly, and he had to pay out of pocket for travel to his new dentist as it was further away than the original one. He also claimed these costs back under special damages.
Claiming For Careless Treatment
A basic dental negligence definition is as follows: when a dentist’s action or lack of action results in the pain and suffering of a patient. A dentist may remove a healthy tooth by accident and this is usually through sheer carelessness.
Another situation that could cause a healthy tooth to be extracted by mistake is if the dentist damages to tooth adjacent to the one being extracted, meaning it needs to be removed. If you are unsure whether you have a case for careless treatment, call our dental negligence lawyers today for more information.
How To Claim For Dental Negligence
Dentists have a duty of care toward their patients. When making successful wrong tooth extraction UK claims, it is all about proving that your dentist breached this duty. These cases can be complicated, though.
You need to be able to show that the injury or pain you suffered was due to the dental treatment. Luckily, with wrong tooth extraction, it is usually pretty straightforward to show that a mistake was made. Your solicitor will typically arrange for an independent medical exam nonetheless, as this will help you to get the dentist pulled wrong tooth settlement you are entitled to.
What Can You Claim For Following A Wrong Tooth Extraction?
When launching a dentist pulled wrong tooth lawsuit, you will be able to claim for a number of different damages, which we are going to discuss below. First, though, it is vital to establish the fact that all claims are handled on a case-by-case basis, ensuring people are awarded a fair and just payout.
When making a claim because your dentist worked on the wrong tooth, you will be able to claim both general and special damages. The former is the compensation you will receive for the pain and suffering you have encountered, including both the physical and psychological trauma. Special damages relates to the compensation you will receive for any out-of-pocket expenses you have experienced. This includes the likes of loss of earnings, as well as secondary dental treatment, counselling costs, travel expenses, and such.
Case Study Example
In the case study example, Mr L claimed under general damages for the tooth pain caused by the untreated decay, the loss of one front tooth and psychiatric damage for the anxiety and stress caused.
Under special damages, he received compensation for the loss of earnings, travel expenses getting to his new dentist, and the costs of the corrective medical procedures.
In total, Mr L received a payout of £40,000 from his dentist’s insurance provider. The dentist admitted liability, and there was no need for court proceedings.
Tooth Extraction Gone Wrong – How Much Compensation Can I Claim?
If you’ve had a wrong tooth removed due to negligence, you may wonder how much compensation for a wrong tooth extraction you are able to claim.
A tooth extraction gone wrong can impact you in various ways. It could lead to physical pain and emotional suffering. It is also possible that you incur financial losses due to your injury. Solicitors usually consider the severity of your injury and its impact, as well as compensation amounts from the Judicial College Guidelines (JCG), while valuing your claim.
The table below contains teeth injuries with the corresponding compensation amounts taken from the April 2022 edition of the JCG. However, the wrong tooth extraction compensation you may receive will depend on your specific circumstances and may not match the amounts in the table.
| Injury | Severity | Amount | Notes |
|---|---|---|---|
| Teeth | – | Up to £38,130 | Chronic and significant tooth pain that extends over years, such as from an untreated abscess. There will also be significant deterioration of the condition of the teeth. |
| Teeth | (i) | £8,730 to £11,410 | Several front teeth are lost or seriously damaged. |
| Teeth | (ii) | £4,350 to £7,630 | Two front teeth are seriously damaged or lost. |
| Teeth | (iii) | £2,200 to £3,950
| One front tooth is lost or seriously damaged. |
| Teeth | (iv) | £1,090 to £1,710
| The amount is per tooth. Damage or loss to the back teeth. |
For further information on what you could claim, you can visit our online compensation calculator. You can also get in touch with our expert team at any time for free legal advice.
Dental Negligence Claims – No Win No Fee Solicitors
If you have valid grounds to make a medical negligence claim for a tooth extraction gone wrong, then you could seek help from a solicitor. If you contact our advisors about your case, then they may connect you with one of our No Win No Fee solicitors.
A No Win No Fee solicitor from our panel could offer to support your claim for a wrong tooth extraction under a Conditional Fee Agreement (CFA). Under this agreement, you won’t need to pay your solicitor any upfront or ongoing fees for their services. You also won’t need to pay for their services if your claim is unsuccessful.
If your claim is a success, then the No Win No Fee solicitor who helped with your claim can take a legally capped percentage from the compensation awarded to you. This is commonly referred to as a success fee.
For more advice on claiming wrong tooth extraction compensation with a No Win No Fee solicitor, you can contact our advisors. You can reach them by:
- Calling us on 0800 073 8804
- Using our claim online form
- Or you can message us through our 24/7 online live chat
Useful Links
We hope this information on dental negligence case studies has been useful. However, if you need more details, the links below should help:
Dental Negligence – How to go about making claims for compensation – This takes you to our complete guide on dental negligence claims.
NHS What happens when dentistry goes wrong? – This link takes you to the NHS website where you will find details on what to do if your NHS dental treatment goes wrong.
You can also read our guide offering advice on the steps to take if you have valid grounds for making an NHS medical negligence claim.
