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One of the most common enquiries we receive is for wrongful extractions. If you need an extraction, and the dentist removes the wrong tooth or damages another tooth in the process, then you may have a claim for compensation.
A claim, if successful, will compensate you for any pain and discomfort caused (you will still need to have the correct tooth extracted and therefore will have had an unnecessary and avoidable painful procedure), as well as the cost of a replacement tooth, which will most likely be in the form of an implant and crown or a bridge.
In addition to this, there may be a claim for repeat treatments over the course of your life. An implant may last a lifetime, but the implant retained crown is likely to need replacing approximately every 15 years and must be considered when assessing the claim.
It is below the standard of a reasonably competent dental professional to extract or damage a neighbouring tooth during an extraction. It is also worth remembering any advice you were given when your dentist suggested extraction.
If you have had a tooth extracted, and are experiencing issues, it could have been caused by negligence:
As a general rule, cases should come to a conclusion between 12-18 months after the first time you contact us. However, each case is different and this may vary dependent on the facts.
The compensation you may receive will vary depending on what injury you sustain. For example, if a dentist negligently damages a healthy tooth during an extraction, you will receive more compensation than if you suffer a period of pain as a result of a substandard extraction.
Compensation received following a successful claim for dental negligence will be comprised of:
Ann Scott on TrustPilot
Mr B first instructed us complaining that his dentist had extracted a tooth, which then created problems with his sinus. After thorough investigation, Steve Wake obtained expert evidence that suggested Mr B’s dentist had extracted his upper right first molar (UR6) unnecessarily. The sinus problems were caused by an ora-antral fistula (which is essentially a hole between your gum and sinus). Ora-antral fistulas are a recognised complication of tooth extractions. However, in Mr B’s case the tooth was extracted unnecessarily, so the creation of the fistula was negligent.
Expert evidence suggested that Mr B would require future maxillofacial treatment, as well as an implant and crown to fill the gap left by his UR6. He suffered nearly three years of pain and discomfort unnecessarily and would have to undergo further procedures as a result of the Defendant’s negligence.
Steve Wake achieved an out-of-court settlement of £20,000.
The Dental Negligence Team acted for a man who received £9,250, following the wrongful extraction of a tooth. The Dentist failed to extract the tooth that was causing the client pain and instead extracted the wrong tooth.
The Dental Negligence Team recovered £5,250 for a Claimant whose lower left first molar (LL6) was accidentally extracted instead of her lower left second molar (LL7).
The Claimant attended an appointment with the Defendant dentist with swelling around her LL6. The Defendant advised the Claimant that it would require extraction.
The Claimant returned five days later for the extraction. At the end of the appointment, she realised that the Defendant had mistakenly extracted her LL7, which was healthy. The LL6, which was unhealthy and causing significant pain, later required extraction and replacement with an implant.
You can sue a retired dentist, as long as your claim is not statute barred.
By law, all dentists must be registered with the General Dental Council (GDC), and must have appropriate indemnity and insurance arrangements in place; this allows patients to seek any compensation they may be entitled to.
Therefore, even after a dentist retires they will still be responsible for the treatment which was carried out when they were practising as a dentist.
You have three years to bring a claim of dental negligence, from the date of negligence or knowledge of it, under the laws concerning ‘limitation’ in England and Wales. These laws state that a Claimant must issue court proceedings within this time period, or else their claim would be statute barred.
Generally, we would advise you to contact us at least 6 months before the limitation period in your case is due to end. However, this can be reviewed on a case by case basis; if you believe that your limitation period may expire soon, we encourage you to contact us as soon as possible.
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