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A Guide to Incorrect Tooth Extraction Claims
Going to the dentist is an experience we will all be familiar with, and in the vast majority of dentist visits, we encounter a competent dental practitioner. However, there are sadly instances when the reasonable standard of care is not met and dental negligence may occur. You may have a claim for incorrect tooth extraction compensation if you can show:
- that you suffered a level of ongoing pain and/or damage beyond reasonable expectation
- required further treatment that could otherwise have been avoided
- that the pain / damage suffered or treatment required was due to recognisable dental negligence
In terms of a dental procedure as routine as a tooth extraction, there is potential for a tooth extraction error. Should you believe that this error may be as a result of the negligence of a dental professional, you can speak to the legal experts here at Hampson Hughes, who will be able to direct you on the correct legal course to seek to obtain incorrect tooth extraction compensation.
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Check my claimWe have experience in helping a wide range of clients in Liverpool, Birmingham, London and around England and Wales over recent years. We have represented their dental negligence claims to help them gain compensation for pain, injury, and long-term damage, as well as treatment costs in the past and future.
When Can I Claim Incorrect Tooth Extraction Compensation?
- You have had the wrong tooth extracted during surgery
- Retained roots following the extraction of a single root tooth (incisors, canine) as a result of tooth fracture;
- Retained roots or partial removal of a multi-rooted tooth (molars) ONLY when an x-ray has not been undertaken prior to the extraction;
- Perforation of the sinus during the extraction of upper molars, which may be as result of unnecessary force;
- Fracture to the jaw bone as a result of extraction of molars, which may be as result of unnecessary force;
- Damage to the nerve during the process of tooth extraction
- Other viable options were not explored to treat the area prior to tooth extraction
- You have not been made aware of the potential risks of the dental procedure about to take place
There are several reasons why you might need a tooth extracted. If you have tooth decay or gum disease, there is increased pain, risk of infections and higher risk of tooth loss or extraction. Another dental surgery is the removal of wisdom teeth, which is more invasive, often requiring general anaesthetic. The extraction of wisdom teeth has a higher risk of complications when compared with regular tooth extraction.
How Is Dental Negligence Compensation Determined?
The level of any compensation award depends on the individual circumstances and severity of the dental negligence that occurred and the associated injuries suffered. If the tooth extraction error has caused further complications then this could lead to increased compensation. Your incorrect tooth extraction claim will consider the following factors:
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- An award for any pain and suffering caused by the tooth extraction error
- Tooth loss itself
- An award for any future treatment costs that you required to rectify the situation
- An award for past and/or future losses, including travel costs, dental treatment, prescriptions you have paid for and any lost earnings due to being unable to work
We will be able to offer helpful legal guidance from your first phone call with us. You can speak to our team by phone or email to arrange your free consultation.
How Much Do Incorrect Tooth Extraction Compensation Claims Cost?
If you have suffered pain and injury as a result of incorrect tooth extraction you might be worried about the legal costs associated with making a claim for dental negligence. Our dental negligence solicitors are here to put your mind at ease, guiding you through all of the financial and funding options open to you when you begin the process of making an incorrect tooth extraction claim.
There are a few options open to you, but with most clients we will advise that you receive your legal representation on a Conditional Fee Agreement (CFA) with us. This works as a No Win, No Fee compensation claim, meaning that in the event of an unsuccessful claim you won’t be liable for the legal costs, as they are recovered from the defendant. Our dental negligence solicitors will be able to talk you through this arrangement in more detail, explain in full how it protects your financial interests.
Are There Time Limits on Making a Claim after a Tooth Extraction Error?
As with any other type of dental negligence compensation claim, there is a time limit on when you have to start the claim process by. The following limits apply for incorrect tooth extraction claims:
- You have three years from the date of the incident where the incorrect extraction took place
- In some cases, you have three years from the moment when you first became aware of the negligence
- If the patient was under the age of 18, the time limit of three years begins from their 18th birthday (however a suitable adult can bring a claim on their behalf at any time before they turn 18)
- If the patient currently has mental incapacity, a designated person can claim on their behalf
How Can I Find Specialist Dental Negligence Solicitors?
You can find out how we can help you, as we have for many clients around England and Wales, by contacting our expert team today. To receive a highly professional service that guides you through the claim process from start to finish, you can call or email .
We have helped people claim back over £65 million.
