When visiting the dentist for an oral issue, we expect to receive the correct standard of care and treatment. Visiting the dentist can also be a nervous experience, especially if something goes wrong. Whether this be nerve damage or a wrongful tooth extraction, we are here for you.
We have created this comprehensive guide to explore and answer the question of how much compensation for a wrong tooth extraction you could receive.
We will also explore the factors which could contribute to your final payout, when you could be eligible to make a claim and some examples of how dental negligence could lead to the wrong tooth being extracted.
For more advice on wrong tooth extraction claims and how our specialised panel of No Win No Fee solicitors can help you start your claim.
Contact Us
You can contact our advisors to discuss your specific situation and ask any questions you may have. You can contact them by:
- Calling one of our advisors on 0800 408 7826.
- Filling out our form to contact us.
- Use our live chat.
Jump To A Section
- How Much Compensation For Wrong Tooth Extraction Could I Get?
- What Determines The Compensation For A Tooth Extraction Gone Wrong?
- Can I Claim For Wrong Tooth Extraction Compensation?
- How Can Negligence Lead To A Dentist Extracting The Wrong Tooth?
- What Do I Need To Prove My Wrong Tooth Extraction Claim?
- Do I Have To Claim In A Set Time Frame?
- Get Help From Our Panel Of Solicitors
- Learn More
How Much Compensation For Wrong Tooth Extraction Could I Get?
If you’ve unfortunately experienced a wrong tooth extraction, you might be wondering how much compensation could be awarded in a successful claim. Below, we discuss the two categories of compensation that you might receive, but in order to answer ‘how much compensation for a wrong tooth extraction?’, the professionals calculating your payout may consider previous similar cases.
They can also consider frameworks such as the Judicial College Guidelines (JCG), a document that lists different injury types alongside compensation guidelines for each. Below, our table displays figures from the JCG to illustrate potential payouts for successful dental negligence claims.
Please note that the first entry hasn’t been taken from the JCG. As each case of dental negligence is unique, compensation is calculated on a case-by-case basis; therefore, these figures have been provided as a guideline only.
You can also use our compensation calculator for an estimate of how much compensation you could receive for a wrong tooth extraction.
| Injury | Notes | Compensation |
|---|---|---|
| Multiple Serious Forms of Harm, plus Special Damages | Cases here will have experienced a number of injuries/harm, as well as special damages such as a loss of earning potential | Up to £150,000+ |
| Fractures of Jaws (i) | Very severe, multiple fractures paired with the risk of arthritis and continued severe pain. Individuals may also show difficulty in eating and paraesthesia | £37,210 to £55,570 |
| Fractures of Jaws (ii) | Serious jaw fracture, showing difficulty eating or opening the mouth or where there is paraesthesia in the area of the jaw | £21,920 to £37,210 |
| Fractures of Jaws (iii) | Complete recovery achieved but one simple fracture with immobilisation | £7,880 to £10,660 |
| Damage to Teeth | Cases of severe chronic tooth pain, usually from an untreated abscess over a number of years, with general deterioration of the condition of teeth | Up to £46,540 |
| Damage to Teeth (i) | Loss or serious damage to a number of front teeth | £10,660 to £13,930 |
| Damage to Teeth (ii) | The loss of two front teeth - the amount of compensation will depend on whether the teeth are milk teeth or adult teeth | £5,310 to £9,310 |
| Damage to Teeth (iii) | Loss or severe damage to one front tooth | £2,690 to £4,820 |
| Damage to Teeth (iv) | Loss or damage to back teeth - the compensation amount is awarded for each damaged tooth | £1,330 to £2,080 |
Contact our advisors today to discuss your potential dental negligence claim.
What Determines The Compensation For A Tooth Extraction Gone Wrong?
When determining how much compensation for a wrong tooth extraction, those responsible may consider two heads of claim. These are known as general and special damages.
Your general damages are compensation for:
- Physical pain
- Psychological suffering
- Any loss of amenity or impact on your quality of life
Your special damages differ, as they are compensation for the financial losses caused by the harm you suffered. This could include:
- Loss of earnings or earning potential
- Travel costs
- Medical expenses, such as prescriptions
- Further dental treatment costs, such as for implants, removing the correct tooth or dentures, for example.
To claim special damages as part of your compensation, you must collate supporting documents to serve as evidence of the financial implications caused by the dental negligence. This could include:
- Payslips to demonstrate loss of earnings
- Travel receipts
- Medical invoices
Contact a member of our advisory team today to see how one of the solicitors on our panel could help you claim compensation.
Can I Claim For Wrong Tooth Extraction Compensation?
For you to be eligible to claim for wrong tooth extraction compensation, three things must be proven.
- Your dentist owed you a duty of care
- The dentist breached their duty that was owed to you
- The breach led to you experiencing unnecessary and avoidable harm
If these factors are present, we can establish that negligence has occurred, which forms the basis of your claim.
The duty of care owed to you by all medical professionals, including dentists, is for them to provide care that reaches the standard that is expected of them. The General Dental Council (GDC) provides some standards for dental teams to follow to help adhere to their duty of care.
If they fail to provide care or treatment which reaches the minimum standard expected of them, and this causes you unnecessary and avoidable harm, you could make a dental negligence claim.
Below, we will discuss how negligent treatment could have caused your harm.
If you’re still unsure whether you’d be eligible to make a claim with us, you can contact us, and as part of the free services on offer, our advisors could discuss claim validity with you. Call us today to get started.
How Can Negligence Lead To A Dentist Extracting The Wrong Tooth?
Dental negligence can occur in a number of ways, for example, not being administered enough local anaesthetic, so you end up experiencing the pain of an extraction.
A few examples of how the negligent actions of a dentist could lead to them extracting the wrong tooth include:
- If your dentist failed to read your pre-procedure notes and extracted the wrong tooth, causing pain where a healthy tooth was removed, and the tooth that needed to be removed worsened in condition
- Your dentist is distracted or careless during the procedure, leading to the extraction of the wrong tooth.
- Your dentist reads your X-ray results incorrectly, meaning they extract a healthy tooth that they thought needed to be extracted.
This list is not exhaustive, so if your case particulars are different, please don’t worry, as you still may be able to claim.
Contact us today to see how we could help you start a claim and determine how much compensation for a wrong tooth extraction you may be eligible to receive.
What Do I Need To Prove My Wrong Tooth Extraction Claim?
To prove your wrong tooth extraction claim and determine how much compensation you could be eligible for, you will need evidence. These documents can help demonstrate how the negligent dental treatment caused your harm.
Your evidence in dental negligence claims could be made up of:
- Dental records to show your dental plan and procedures
- X-rays or scans
- Any correspondence between you and your dental practitioner
- Any witnesses to the treatment you received, such as by a family member who attended your appointment or a dental assistant
- A diary detailing the symptoms you have expereinced
By choosing to work with a solicitor from our panel, as part of the services, you wouldn’t need to compile this evidence alone. They could help to collect these supporting documents to strengthen your claim.
Contact us today if you have any questions about evidence or would like to discuss working with a solicitor from our panel.
Do I Have To Claim In A Set Time Frame?
Yes, the time limit for starting a dental negligence claim is generally 3 years from:
- The date of your dental treatment
- The date you realised that you received negligent treatment
Sometimes, you might not have realised that the dental treatment was negligent until a later date; this is known as the date of knowledge.
This time limit is established under the Limitation Act 1980. There are two exceptions to this time limit where the claimant is unable to make their own claim, which are cases where:
- The claimant is under 18. Their time limit will run from their 18th birthday till their 21st birthday.
- The claimant lacks the mental capacity to claim on their own behalf. Their time limit will begin if their mental capacity is regained.
In both of the above examples, you can also utilise a role known as a litigation friend. This means that you can act on behalf of someone else if they are unable to claim for themselves.
If you’re unsure whether your claim is still within the time limit or if you have any questions about litigation friends, please contact us today.
Get Help From Our Panel Of Solicitors
Our panel of solicitors at How Much Compensation operates on a No Win, No Fee basis. What this means is they work via a Conditional Fee Agreement (CFA), meaning you wouldn’t have to pay for their services at the beginning or during your claim.
Instead, a small fee, known as a success fee, would be deducted from your compensation if your claim is successful, at the end of the process. The percentage of this fee is limited and capped in line with the Conditional Fee Agreements Order 2013, to ensure you receive the majority of your compensation.
Another benefit of a CFA is that if your claim fails, you wouldn’t be required to pay a penny for the services your solicitor has provided on your case.
We understand it can feel daunting to instruct legal representation; however, our panel of solicitors could help you with:
- Guidance and support throughout your claim
- Understanding your claim and legal language
- Advocating on your behalf to achieve a suitable settlement
- Compiling supporting evidence
- Ensuring your claim is started before the limitation period runs out
Our panel works tirelessly to achieve the best outcome for you, and with decades of experience, our panel of solicitors are experts in the dental negligence field.
Contact Us
Our friendly advisors are available to answer any questions you may have, such as ‘How much compensation for a wrong tooth extraction could I receive?’. You can contact us via any of the following methods:
- Call one of our advisors on 0800 408 7826.
- Fill out our form to contact us and claim compensation.
- Use our live chat.
Learn More
Read our other guides on:
- How much compensation might you receive in a medical negligence claim
- How to make a hospital negligence claim
- Our birth injury claims guide
Useful External Resources
- NHS guidance on toothache
- How to apply for Statutory Sick Pay from GOV.UK
- Health and Safety Executive information about returning to work and readjusting
Thank you for reading about how much compensation for a wrong tooth extraction guide.