If you’ve visited the dentist to have a tooth extracted and your dentist pulled the wrong tooth, you’ll understandably be left feeling upset and angry. You might even be wondering whether you can make a claim against your dentist for their malpractice.
In this article, we’ll explain exactly what to do if your dentist has extracted the wrong tooth and whether you can sue your dentist for their mistake.
Can You Sue Your Dentist For Extracting The Wrong Tooth?
The simple answer here is yes, you can sue your dentist for wrong tooth extraction. However, dental negligence claims aren’t always straight forward so it’s important to have an experienced solicitor on your side.
Read on to learn how you can make a claim for wrong tooth extraction.
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What Can Go Wrong During A Tooth Extraction?
There are a few different ways that a tooth extraction can go wrong:
- The wrong tooth is extracted completely
- A tooth is extracted when it didn’t need to be
- Something goes wrong during a tooth extraction that damages your oral health
If any of these situations have occurred, you may be able to claim compensation for wrong tooth extraction. It may be that you’re now left without a tooth unnecessarily or that your oral health has been compromised as a result of the dental negligence.
The best thing to do in this situation is to speak to a solicitor who specialises in dental negligence to find out if you have a claim.
Talk to Hattons Solicitors today
Click this link to send us a message or call us on 01744 744400 for a friendly chat.
What Reasonable Standards Of Care Can You Expect From Your Dentist?
The General Dental Council sets out reasonable standards of care that all dentists should conform to. Your dental practice should also have their own policy documentation which sets out the standards that their dentists should abide by. There may be a policy for wrong tooth extraction, so it’s worth requesting this from your dental practice.
The reasonable standards of care set out by the General Dental Council include:
- Dental professionals must be registered with the General Dental Council.
- Dentists may not refer to themselves as specialists unless they are registered on the specialist list.
- They must put patients’ needs and interests first.
- They should collaborate where needed with other colleagues to meet the patients’ best interests.
- They must ensure that they can communicate with patients effectively.
- They must always get the relevant consent for treatments.
- They should have a robust procedure for complaints.
It’s a good idea to try to understand the standards of care that you can expect from your dentist. If these standards are not followed, your dentist may risk discipline from their regulatory body and you may have a claim for dental negligence.
My Dentist Extracted The Wrong Tooth – What Should I Do?
If your dentist has extracted the wrong tooth, you’re likely to be feeling angry and upset. However, it’s important that you follow the process below to ensure that you have the correct information for a dental negligence claim.
1. Get Restorative Treatment
First of all, access treatment to correct the procedure, along with any other damage that has resulted from the wrong tooth extraction. You can ask for details of what has been done to correct the damage as evidence – this could help your claim.
2. Keep A Record Of Details
It’s important to keep a record of all details related to the wrong tooth extraction and corrective action. You’ll need the details of the dentist who extracted the tooth, as well as the dental assistants and anyone else that was in the room at the time. It’s a good idea to also note down the date and times of any appointments related to your claim.
3. Keep A Record Of All Financial Costs
You’ll also need to keep a record of all financial costs that you’ve incurred. This includes the cost of the tooth extraction and restorative treatment as well as travel, lost earnings and other medical expenses.
4. Hire A Dental Negligence Specialist
Finally, you’ll need to hire a solicitor who specialises in dental negligence. They’ll be able to go through your options and help you to decide whether to proceed with your claim for wrong tooth extraction.
Talk to Hattons Solicitors today
Click this link to send us a message or call us on 01744 744400 for a friendly chat.
Dental Negligence Claim Time Limits
It’s important to be aware that there is a time limit for claiming dental negligence. If you’re aware of the wrong tooth extraction immediately, you’ve got three years from the incident date to make your claim. However, if you don’t realise that your tooth has been wrongly extracted straight away, this is extended to three years from the date of discovery.
If a child had their tooth wrongly extracted, an adult can claim on their behalf up to three years after the tooth was extracted, or the wrong tooth extraction was discovered. If an adult doesn’t claim on their behalf, the child will have three years from the date of their 18th birthday to make a claim.
If you’re unsure of whether you can claim for wrong tooth extraction, it’s best to contact a solicitor who specialises in dental negligence for advice.
Can You Sue Your Dentist For Extracting The Wrong Tooth?
If a dentist has pulled the wrong tooth or extracted a tooth unnecessarily, you may be able to claim compensation for dental negligence. Your compensation could include general damages to compensate for the mental and physical harm incurred, as well as special damage payments to cover restorative treatment, loss of earnings and travel expenses.
The best way to find out whether you can sue your dentist for wrong tooth extraction is to contact a dental negligence solicitor for advice.
Find Out More About Dental Negligence Here
Related Questions
What Qualifies As Dental Malpractice?
Dental malpractice involves an injury which results from dental negligence, failure to diagnose a condition, delayed diagnosis or treatment or intentional misconduct by the dentist. If you’ve experienced dental malpractice, you may be able to make a claim for compensation against your dentist.
How Do You Prove Dental Negligence?
If you’re looking to claim compensation for dental negligence, you’ll need to prove the four principles. These are: duty, breach of duty, causation and damages. A solicitor who specialises in dental negligence will be able to advise you on whether you have a valid claim and what evidence you’ll need to gather.
Get Advice On Dental Negligence Today
If you’ve experienced dental malpractice which has led to wrong tooth extraction, you might be wondering whether you can make a compensation claim for dental negligence. A solicitor who specialises in dental negligence is best placed to advise you on the chances of a successful claim.
At Hattons Solicitors, we have dental negligence specialists who are on-hand to offer expert legal advice. We’d be delighted to take on your case and get you the compensation that you deserve for your wrong tooth extraction.
Talk to Hattons Solicitors today
Click this link to send us a message or call us on 01744 744400 for a friendly chat.
Posted on: 10/May/2021 Posted in: Medical Negligence