Tooth Extraction Negligence

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.

Common issues following tooth extraction

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:

• roots left in the gum
• extraction of the wrong tooth
• an infection after the tooth has been extracted
• a fractured lower jaw.

How long will it take to make a claim?

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.

How much compensation might you receive? How is it calculated?

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:

• an award for pain and suffering – this will compensate you for any pain you have endured, and also things like inconvenience, social effects (such as embarrassment) and any changes in your eating or sleeping habits
• an award for future treatment costs – for example, if you require an implant and an implant retained crown, or Cognitive Behavioural Therapy as a result of a psychiatric injury sustained due to negligence. We will also take into account the future maintenance costs for any treatment you may require, including future specialist appointments.
• past loss – this may include past prescription costs, travel or dental treatment. For instance, if you had to repeatedly to travel to a specialist appointment as a result of dental negligence, the cost of this will likely be recoverable.

“Dental negligence claim which was dealt by Sophie Angwin of Royds Withy King. She was very polite, patient, and professional in her work and kept me updated in all the proceeding, and anything I didn’t understand explained with detail of the procedure. Leaving me now with payments for my dental negligence. I Would recommend Royds Withy King to any of my colleagues.”

Ann Scott on TrustPilot

The substandard extraction was done by a dentist who has since retired. Can you sue a retired dentist?

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.

How long do you have to make a claim?

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.