Wrong Tooth Extraction Claims Solicitors in Manchester

If a dentist mistakenly extracted the wrong tooth and this caused avoidable pain, further treatment, or tooth loss, you may have grounds for a dental negligence claim.

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Having a tooth extracted by a dentist is generally a fairly straightforward procedure, but things can sometimes go wrong. If you have the wrong tooth extracted it can be upsetting and stressful, and there’s a chance that you could be able to make a wrong tooth extraction claim. 

A wrong tooth extraction claim will be based on the stress and upset caused by the wrongful extraction, as well as the fact that it could mean a healthy tooth has been extracted and you’ll need a further extraction. The team at TJL know how upsetting dental negligence of this kind can be, and if the wrong tooth was extracted because your dentist was negligent then we’ll work with you to claim the compensation we think you’re entitled to.

When can I make a claim for wrong tooth extraction claim?

You can make a claim for wrong tooth extraction if a dental professional extracted the wrong tooth in the form of a healthy tooth, or a tooth other than the one which you were led to believe would be extracted.

A dentist extracting the wrong tooth is referred to as a ‘never event’. This means that it is something that should never happen as it is a completely avoidable error. 

In these circumstances a wrong tooth extraction will almost always form the basis of a dental negligence claim, with compensation being sought for the physical and psychological impact of having the wrong tooth extracted and any direct financial costs associated, such as having to pay to have the right tooth extracted.

To make a successful compensation claim in these circumstances you will have to demonstrate the following:

  • The treatment provided by the dentist was negligent because it fell below the standards you would reasonably expect of a competent professional
  • The negligence led directly to injury or harm
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What is a wrong tooth extraction?

A wrong tooth extraction refers to the simple fact of a dental professional removing a tooth other than the one which they had planned to remove.

 

Alternatively, it can sometimes be based on a dentist removing a tooth which could still have been saved through alternative treatment. 

In most cases a wrong tooth extraction claim will be based on the fact that you visited a dentist expecting one tooth to be removed and emerged from the treatment having had another tooth taken out. Clearly this is an upsetting and confusing experience, and in many cases of wrong tooth extraction you’ll still be left with an unhealthy tooth which needs to be extracted.

What should I do after having the wrong tooth extracted?

As soon as you realise you have had the wrong tooth extracted you should gather as much evidence as you can.

If you make a wrong tooth extraction claim with TJL our team will pull together any evidence you aren’t able to access prior to contacting us.

You should ask for a copy of your dental records to establish the condition of your teeth before and after the wrong extraction took place. You should have photographs taken of the result of the wrong tooth extraction and keep copies of any correspondence with the dental practice, such as any complaint you have made and their response. 

You should also keep a record of any expenses directly related to the negligent dental treatment, including any earnings lost if you have to take time off work. You should also ask for a statement from friends and family who will be able to describe the impact the wrong tooth extraction has had on you.

What could the dentists say when you make your claim?

Our experience of successfully making wrong tooth extraction claims means that we know that dentists sometimes deny liability even in cases which are seemingly clear-cut.

The dentist, or the insurer representing them, may claim the following:

  • You told them that the tooth they extracted was the one which was causing problems. If this was the case they may still have been negligent because they should have been able to identify the correct tooth for extraction.
  • The tooth they extracted was unhealthy and would have needed to be extracted at some point. Even if this is shown to be true, your dentists may still have acted negligently because they didn’t seek your informed consent before removing the tooth in question, or even discuss removing that particular tooth. 

We’re used to dealing with a wide range of dental negligence claims and we’ll build a claim which proves negligence even if your dentists put forward arguments of this kind.

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What is the wrong tooth extraction claims process?

As soon as you become aware that a dentist has extracted the wrong tooth you should contact TJL to ask about claiming compensation.

After an initial free consultation we’ll have a clear idea of whether your dentist was negligent.

In the case of a ‘never event’ like wrong tooth extraction it’s highly likely that your dentist acted negligently. We’ll explain how the claims process works and what we can do to win the compensation you could be entitled to. 

We know that having the wrong tooth extracted is an upsetting and stressful experience, and we take on the work of building a claim so that you can concentrate on getting over the physical and psychological distress caused by dental negligence.   

We’ll start the claims process by taking a detailed statement from you, describing how the wrong tooth was extracted and how this has impacted you. 

We’ll arrange for a dental expert to examine you to establish the full impact of the wrong tooth extraction and the nature of any treatment – such as replacing the missing tooth and extracting the intended tooth – you may need as a result. 

We’ll bring together any evidence you’re able to bring to us, and will get hold of anything else which helps to make your wrong tooth extraction claim as strong as possible. The evidence will include but not be limited to:

  • Your own detailed statement 
  • Statements taken from friends and family able to describe the impact the wrong tooth extraction has had on you
  • Your dental records from before and after the wrong tooth was extracted 
  • Any medical records relating to the wrong tooth extraction, such as pain relief prescribed or therapy needed to deal with the psychological trauma
  • Any records of the financial impact the wrong tooth extraction has had, such as bank statements, wage slips and receipts for direct expenses

We’ll contact the other party to tell them that you intend to claim compensation for the wrong tooth extraction. Our emphasis on dispute resolution means that the majority of the wrong tooth extraction claims we handle are settled at this point, with the other party accepting liability.

We always work to settle claims as quickly as we can and without involving the time and stress of going to court. Once liability has been admitted we will negotiate a fair compensation payment. 

Our experience of wrong tooth extraction claims means that we know exactly what you will be eligible to claim for and how much compensation you should be entitled to. Armed with that knowledge we never settle for less than 100% of the compensation we think you deserve. 

If yours is one of the tiny number of wrong tooth extraction claims which have to be settled in court we will be by your side throughout, offering support and arguing your case in the strongest possible terms.

How is compensation for a wrong tooth extraction claim calculated?

The compensation paid for a successful wrong tooth extraction claim will depend upon the following factors:
  • How severe the injury caused by the wrong tooth extraction is. This could include any impact on your ability to speak and eat, possible nerve damage and long term pain.
  • The physical impact of a wrong tooth extraction could also include damage to the gum and other teeth shifting because of the space opened up
  • Whether you need to have further treatment. This will almost certainly be the case, and the compensation paid for a successful wrong tooth extraction claim will be intended to cover the cost of any further treatment needed as well as the physical and psychological distress caused. 

This treatment could include the extraction of the correct tooth as well as corrective dental work such as implants or cosmetic procedures to repair the damage caused by the wrong tooth extraction. 

  • The emotional distress caused by the wrong tooth extraction in the form of things like anxiety, psychological trauma and loss of confidence
  • Any earnings lost because you had to take time off work to recover from the wrong tooth extraction or for further treatment needed 
  • Expenses which are the direct result of your negligent treatment, such as the cost of travelling to and from appointments to repair the damage

How much compensation could I receive for a wrong tooth extraction claim?

The process for making a jaw fracture dental negligence claim can be broken down into a series of individual steps:

The compensation you could receive for a wrong tooth extraction claim will be made up of general damages and special damages, and is likely to range from around a thousand pounds for the most straightforward case up to tens of thousands for a case in which multiple teeth are impacted with long-term effects. 

General damages are intended to cover the physical and psychological impact of the wrong tooth extraction, and the degree to which it has stopped you living your life as you otherwise would have.

Special damages deal with the financial impact of a wrong tooth extraction, and cover the cost of any remedial treatment needed, both now and in the future, as well as any earnings lost through having to take time off work. They will also cover any expenses, such as travel costs, which are directly related to the wrong tooth extraction. 

Following an independent evaluation by a dental expert and your own detailed statement we will have a clear idea of the nature of your injury and how it has impacted you. On this basis we will be able to estimate the range of compensation we think you are likely to receive.

Is there a time limit on wrong tooth extraction claims?

Yes, there is a time limit of 3 years on wrong tooth extraction claims, after which you will no longer be able to seek compensation. The 3 years is counted from the date that the tooth in question was extracted or the date on which it became clear that the wrong tooth was removed. 

Exceptions to the 3 year rule include the following:

  • You were under 18 when the wrong tooth was extracted. If this is the case then the 3 year limit will run from your 18th to your 21st birthday. 
  • You lacked the mental capacity to make a wrong tooth extraction claim at the time. If this is the case then the 3 year limit will be counted from the date on which you regain capacity. 

Although the 3 year limit is in place we would always recommend starting a wrong tooth extraction claim as soon as possible after the treatment took place. Your own memories of the treatment you expected and the treatment that was provided will still be clear in your mind, and the sooner you claim, the sooner you will get any compensation you’re entitled to.

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Wrong Tooth Extraction Claim FAQs

 

How long will it take to make a wrong tooth extraction claim?

A simple tooth extraction claim could take around 6-8 months to settle whereas more complex claims could take more than 18 months. Factors which might cause a claim to take longer would include the other party denying liability, multiple independent examinations of complex injuries being required or a failure to agree a fair compensation amount. 

Throughout the process we will keep you fully informed of how long we expect your claim to take, based on past experience of similar claims. 

Can I make a no win no fee wrong tooth extraction claim?

Yes, you can make a no win no fee tooth extraction claim with TJL. This means that you won’t have to pay anything for an initial consultation, or as we gather the evidence for your claim, arrange a dental examination and negotiate with the other party. 

Under the no win no fee system you will only be charged by us if your claim is successful and the compensation has been paid. If the claim fails then costs such as the other party’s legal fees will be covered by insurance which we take out on your behalf.

Can I make a wrong tooth extraction claim against the NHS?

Yes, you can make a wrong tooth extraction claim against an NHS dentist or a private dental practice. 

What impact could a wrong tooth extraction have?

As well as the possible removal of a healthy tooth, a wrong tooth extraction could cause the following:

  • Nerve damage
  • Persistent pain and swelling
  • Problems when eating or talking 
  • Infection
  • Sinus damage if an upper molar is mistakenly removed

Any additional issues will be taken into account when the compensation paid for a successful wrong tooth extraction claim is calculated. 

Can I claim interim payments? 

Yes, we will claim for interim payments to cover on-going costs and ease the recovery process if negotiations on a final compensation amount become prolonged. Any interim payments made in this way will then be deducted from the overall compensation amount agreed.

Why should I come to TJL for my wrong tooth extraction claim?


You should come to TJL for your wrong tooth extraction claim because our numbers speak for themselves:

  • We win more than 95% of the personal injury cases we take on, including dental negligence claims of every type
  • Over the past 25 years we have won more than £43 million for our clients

Our expertise and specialist knowledge when it comes to dental negligence means that we’ll know straight away if you’ve been treated negligently and will always seek 100% of the compensation we think you’re entitled to.

In addition to the reassurance of our expertise and experience, making a wrong tooth extraction claim with TJL means that you’ll be treated as a person rather than simply another case number. We understand how distressing dental negligence cases of this kind can be, and we tailor our service to provide one to one support in a caring and empathetic manner.   

If needed we can help you to access any additional support required, and any questions you have will be answered immediately in clear, jargon-free English. We take on the stress and work of building a wrong tooth extraction claim so that you have the time and space needed to recover from what happened. 

If you’ve had the wrong tooth extracted then get in touch with the team at TJL. Our no win no fee approach means that you can claim the compensation you could be eligible for without worrying, safe in the knowledge that our experts are right by your side.

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