Negligent Wisdom Teeth Extraction

You suffered nerve damage after a wisdom tooth was removed. Is this negligent?

Nerve damage is a recognised complication following the extraction of a wisdom tooth, so generally nerve damage does not indicate substandard treatment.

However, sometimes nerve damage can be attributed to negligent dental treatment. For example, when:

• there is a failure to take x-rays before extracting a wisdom tooth – it is vital that the dentist carries out x-rays to determine whether the roots of a wisdom tooth are in close proximity to the nerve. If damage appears likely, it is then a decision for the dental practitioner and the patient what treatment should be recommended and undertaken. In many cases, the patient should be referred to an oral surgeon for further consultation.
• a patient isn’t referred to an oral surgeon – if the extraction of a wisdom tooth is beyond the capabilities of a general dental practitioner (namely when the tooth is in close proximity to the inferior nerve), it may therefore be negligent for the practitioner to fail to refer that patient to a specialist.
• informed consent for the procedure (as detailed below) is not given.

What is informed consent and why is it important?

Prior to the extraction of a wisdom tooth, a dentist must describe all available treatment options (including the cost of each treatment option), and explain the risks and benefits associated with each of them.

If a dentist fails to advise their patient of a particular risk and discuss it, a patient may have a claim for dental negligence if that risk becomes a reality.

To give an example, let’s say a patient needs their wisdom tooth extracted, so they attend their dentist. Prior to extracting the tooth, the dentist fails to advise the patient that they may suffer nerve damage as a result of the treatment. After the extraction, the patient finds that they have been left with nerve damage. The patient may have a claim for dental negligence in this circumstance, if they can prove that they would not have gone ahead with the procedure had they been aware of this risk.

You suffered an infection after the wisdom tooth was removed. Is this negligent?

An infection following a wisdom tooth extraction is a ‘recognised risk’, and therefore does not generally indicate substandard care.

It is not necessarily negligent for a dentist to not prescribe antibiotics after an extraction. However, a patient may have a dental negligence claim if:

• they return to the practice with pain, limited mouth opening, pus from the socket and feverish symptoms yet the dentist still doesn’t prescribe antibiotics
• they return to the practice with the above symptoms, yet the practitioner does not refer them for further treatment
• they are at high risk of an infection following an extraction (for instance, if they smoke, are diabetic, have poor oral hygiene) and the practitioner did not provide antibiotics at the first instance
• the dentist did not advise the patient of the risk of an infection prior to the extraction, i.e. if the dentist did not obtain informed consent for the procedure (as detailed above).

The dentist failed to recognise that wisdom teeth were impacted. Is this negligent?

If you have been returning to your dentist complaining of pain from your back teeth, and were later advised that your wisdom teeth are impacted (stuck in the gum and unable to come through), yes you may have a successful dental negligence claim. Please contact us if you have found yourself in this circumstance.

You suffered a fractured mandible following a wisdom tooth extraction. Is this negligent?

A fractured mandible (jaw) is an unfortunate, yet recognised, risk associated with wisdom tooth extractions.

However, a patient who has suffered a fractured mandible may have a dental negligence claim if:

• they have a confirmed fracture of the jaw (this will be diagnosed after at least two separate x-rays have been taken by an Oral Maxillofacial Specialist or an Oral Surgeon, generally in hospital), and the initial extraction was particularly difficult. This will generally occur in situations in which the wisdom teeth were impacted or had not fully come through the gum, and when the patient should have been referred to a hospital for the extraction.
• they have a confirmed fracture of the jaw (in the circumstance detailed above) and the dentist failed to warn them of this risk prior to the procedure, i.e. the dentist failed to obtain the patient’s informed consent.

A dentist failed to diagnose decay in your wisdom teeth. Is this negligent?

If your dentist fails to diagnose decay in one of your wisdom teeth and the decay worsens as a result, this is likely negligent. If you have been affected by this, please contact us to discuss this further.