Wrong Tooth Extraction Claims Guide

Welcome to our wrong tooth extraction claims guide. In this guide, we discuss the claims eligibility criteria and when you might be able to claim compensation for the harm you have suffered. 

We also look at how a wrong tooth extraction could potentially occur, and what evidence can prove that a dentist was negligent.

Furthermore, we discuss how dental negligence compensation is calculated and what the time limit is to start a wrong tooth extraction claim. 

As you reach the end of this guide, you can find out what our No Win No Fee dental negligence solicitors can do to help you throughout the claims process.

Contact our team for free today. They can listen to your case and give you free advice about what you can do next. Our team can also connect you with a solicitor for free if you’re eligible to claim wrong tooth extraction compensation:

• Call 0800 073 8804. 
• Use our claim online page. 
• Message in our live support chat box. 

Jump To A Section

1. What Are Wrong Tooth Extraction Claims?
2. How Could A Wrong Tooth Extraction Happen?
3. What Evidence Could Support A Wrong Tooth Extraction Claim?
4. How Much Compensation For A Wrongful Tooth Extraction?
5. How Long Do I Have To Make A Dental Negligence Claim?
6. What Are No Win No Fee Wrong Tooth Extraction Claims?
7. Read More About Medical Negligence Claims

What Are Wrong Tooth Extraction Claims?

Wrong tooth extraction claims are made when dental negligence has occurred. Dental negligence is when a patient sustains avoidable harm (harm that could’ve been avoided) because a healthcare provider breached their duty of care. 

All healthcare providers, including dental professionals, owe a duty of care to each patient they treat. To comply with this duty, dental professionals must always deliver the correct standard of care. If they ever provide a standard of care that does not meet what is minimally expected from them, then this is a breach of duty of care. 

So, here is the wrong tooth extraction claims eligibility criteria:

1. A healthcare provider, such as a dentist, owed you a duty of care, as you were under their care. 
2. The healthcare provider breached their duty by providing substandard care. 
3. Due to this breach of duty, you suffered avoidable harm. E.g., the dentist pulled the wrong tooth. 

Contact us today if the above criteria apply to your case. Our team can tell you whether you’re able to begin a wrong tooth extraction claim today. 

How Could A Wrong Tooth Extraction Happen?

Here are some examples of how a wrong tooth extraction could potentially happen due to a dental professional breaching their duty of care. 

• Your dentist failed to check your dental records before an extraction, which led to the extraction of a healthy tooth instead. Delays in extracting the correct tooth could lead to the existing decay in the correct tooth becoming worse, which can cause infections and a dental abscess. 
• During dental surgery, the dentist wasn’t paying full attention and was distracted. This led to the surgery going wrong, causing dental nerve damage and extreme pain when a healthy tooth was pulled. 
• The dentist gave you a poor diagnosis and associated your symptoms to the incorrect tooth. Having the wrong tooth took out could lead to psychological injuries from severe anxiety and self-esteem issues. 

There are numerous ways that the duty of care could potentially be breached in a dental setting. So, don’t worry if the circumstances of your case are not included in the above examples. Have a chat with us today about how your specific wrong tooth extraction occurred. 

What Evidence Could Support A Wrong Tooth Extraction Claim?

Here are some types of evidence that can prove that dental negligence has occurred:

• Copies of any formal complaints you have made in the form of emails or letters, and copies of any replies you have had. 
• Copies of your dental records. This could identify the tooth that should’ve been extracted, any avoidable harm you have sustained, and what treatment you need. 
• Copies of scan images, such as X-rays from before and after the procedure. 
• Witness details from anyone who was with you for any dental appointments, such as family members or other dental professionals. They can give a statement later on. 
• Keeping a personal diary and recording your dental treatment and symptoms, such as the severity of pain and where you are having any difficulty eating, etc. 
• Photographs of the visible effects of your avoidable harm. 

If you are connected with one of our dental negligence solicitors, they will be able to collect your evidence for you as part of their work. So, to find out whether you can receive this legal help for a wrong tooth extraction claim, please get in touch with us today. 

How Much Compensation For A Wrongful Tooth Extraction?

The compensation awarded for successful dental negligence claims may be made up of two different heads of claim. These heads of claim are known as special and general damages. 

General damages is the head of claim that compensates for the physical and mental health effects of dental negligence. All successful claims are awarded general damages. 

These factors are considered when this head of claim is being calculated:

• Loss of amenity. 
• Pain severity. 
• How long treatment will take. 

The Judicial College Guidelines (JCG) is a publication that is often used to help calculate the value of this head of claim. The JCG contains guideline compensation payouts for all kinds of injuries and illnesses. 

Compensation Table

In this table, you will find some guideline compensation payouts for different injuries that could be suffered following a wrong tooth extraction from the JCG. Except for the first line, which was not taken from the JCG. 

However, it is important to remember that none of these payouts can be guaranteed for your potential case, as all claims are unique. 

Special Damages 

Special damages is the head of claim that compensates for the financial effects of dental negligence. Only some successful claims are awarded special damages. 

These are some financial losses you could be reimbursed for under this head of claim:

• Loss of earnings for needing to take time off work to recover from your avoidable harm.
• The cost of private or remedial treatment by another dental professional, such as dental implants. 
• Travel expenses for going to and from dental appointments for treatment to rectify your avoidable harm. 

As we have mentioned, you may not receive a special damages payout even if your wrong tooth extraction claim is successful. So, keeping any receipts, invoices, bank statements, and payslips as evidence is crucial. 

For more information on how wrong tooth extraction claims are calculated and handled, please contact us today. 

How Long Do I Have To Make A Dental Negligence Claim?

The standard wrong tooth extraction claims time limit is 3 years, as stated in the Limitation Act 1980. This time limit commences from either the date dental negligence occurred, or the date you became aware that dental negligence occurred. 

However, exceptions to this time limit apply to:

• Those under 18 years old. This time limit is paused until their 18th birthday. From this date, they will have until their 21st birthday to start a claim. 
• Those lacking the mental capacity to make their own claim. The time limit is paused indefinitely. It is only reinstated if they regain their mental capacity. In this instance, the standard 3-year time limit will commence from the recovery date. 

In both cases where the time limit is paused, a litigation friend can make a claim on the claimant’s behalf. 

For more information on the wrong tooth extraction claims time limit, and how long a dental negligence claim takes, please contact us today. 

What Are No Win No Fee Wrong Tooth Extraction Claims?

If you’re eligible to make a wrong tooth extraction claim, you will be able to claim on a No Win No Fee basis if you connect with one of our solicitors. Specifically, you will be able to claim under the terms of a Conditional Fee Agreement (CFA). 

Here is how you can benefit from the terms of a CFA:

• There are no solicitor fees to pay before the claims process begins.
• There are no solicitor fees to pay throughout the entire claims process. 
• If your claim is unsuccessful, there are no solicitor fees to pay at all. 
• If your claim is successful, your solicitor can take a success fee out of your compensation instead of you paying any solicitor fees directly. A success fee is a percentage, which is legally limited to 25% to ensure that you definitely receive the majority of your compensation. 

Please get in touch with us today if you are suffering from having the wrong tooth pulled. If dental negligence has occurred, you could be eligible to claim compensation with our specialist No Win No Fee solicitors. Our contact lines are open 24/7:

• Call 0800 073 8804. 
• Use our claim online page. 
• Message in our live support chat box.

Read About Medical Negligence Claims

Read some of our medical negligence claims guides here:

• How to make a cosmetic surgery negligence claim.
• How to make a complaint about a surgery gone wrong.
• How to claim compensation for delayed treatment.

Alternatively, here are some pages that might be informative:

• General Dental Council (GDC) – how to make a complaint against a dental professional.
• NHS – information on who is entitled to free dental treatment in the UK.
• NHS – information on how to treat a chipped, broken, or cracked tooth.

Thank you for reading our wrong tooth extraction claims guide. Our team can help you with any claims enquiries you have.