A client has been awarded £5,000 in compensation after the wrong tooth was extracted by a specialist dentist in Leeds.
The client instructed Oakwood Solicitors to act for them after they attended an appointment for their UR7 tooth to be removed.
However, after attending the dental practice, it was confirmed to the patient that the UR6 tooth was extracted from instead. Oakwood Solicitors client was then told that the incorrect tooth had been ticked on the referral form, and therefore the wrong tooth was removed.
As a result, the client suffered pain and suffering after the incorrect tooth was extracted. Oakwood Solicitors Ltd acted for the client to help them obtain £5,000 in compensation for their pain and suffering due to negligence.
Caseymae Sykes, clinical negligence paralegal at Oakwood Solicitors Ltd said:
“I am very happy I was able to secure a successful settlement for my client after suffering the mistakes made by the dentist. I am pleased that my client received the compensation they deserved following the negligence”.
If you have suffered as a result of dental negligence, you may be entitled to claim compensation.
What is dental negligence?
Teeth play an important role in our appearance and it is important that your oral health is cared professionally.
We place trust in Dental Health professionals to recognise and correct any dental complaints that we may have. Mistakes and delays caused by dentists can cause significant pain and can even affect our mental wellbeing.
Some common examples of dental negligence can include:
- Incorrect and delayed diagnosis of teeth health and even oral cancer
- Nerve injury
- Cosmetic dentistry
- Periodontal Disease Misdiagnosis
- Mistakes in treatment leading to the loss of a tooth or multiple teeth
- Surgical Errors in extraction and root canal treatment
Here at Oakwood Solicitors, we have a lot of success in dealing with Dental Negligence Claims. Please see the linked pages to get more information on the different types of dental negligence.
Wrongful extractions
A dental extraction is the permanent removal of a tooth from the socket, and is generally a routine treatment method. Unfortunately, errors can occurs which can lead to claims being made.
We have a dedicated team of solicitors and fee earners who have many years’ experience dealing with dental claims.
One of the most common enquiries we receive is for wrongful extractions. If you need an extraction of a tooth and the dentist removes the incorrect tooth in the process you may have a claim for compensation.
A successful claim would compensate you for and pain and suffering caused by the incorrect extraction. As you will still need the correct tooth extracting you will have undergone an avoidable and painful procedure. As well as the pain suffered you can claim for the cost of a replacement tooth which may be in the form of an implant, crown or bridge.
These tooth replacement options may need replacement over your lifetime and a claim can include the necessary repeat treatment.
Other common claims related to tooth extraction
As well as extracting the wrong tooth there are other issues that may be related to negligent treatment, these include ;
- Roots left in the gum after extraction
- An infection due to negligent standards
- A fracture of the jaw
- Damage to adjacent teeth
- Foreign objects left in the cavity
- Nerve injury
What can I claim for in a dental negligence case?
If you have suffered due to Dental Negligence then you may be able to claim for the following:
- Pain and suffering
- Any loss of earnings as a result of the dental treatment
- Further treatment that may be required including cosmetic treatment
- Psychiatric damage
Why make a dental negligence claim?
We trust Dental Health Professionals to provide advice and treatment in order to do the best for our oral health. Sometimes this trust is betrayed and the symptoms that we may have could become worse and teeth can be lost as a result of a mistake.
Dental pain can be traumatic and can affect your daily life. Dental Health Professionals have a duty of care to correctly assess your oral health and keep you from suffering further pain and trauma.
Here at Oakwood’s we have first-hand experience dealing with people who’s lives have been changed by dental negligence. Bringing a Dental Negligence claim has allowed our clients to receive the financial support that is needed to aid in recovery.
How much compensation will I get?
Compensation for dental claims varies on a case by case basis. Generally cases will be calculated with consideration of the following;
- An award for pain and suffering – this will compensate you for any additional pain you have suffered as a result of negligent treatment. It will also take into account social impact such as embarrassment (especially if the front teeth are effected) and change in sleeping and eating habits.
- An award for future treatment – in cases where further treatment is needed such as the costs of a replacement tooth or remedial work. These will be factored into your award for compensation.
- Past losses – this may include any prescription expenses, travel expenses to additional appointments.
How long do I have to make a claim?
You have three years to bring a claim of dental negligence, from the date of negligence or your date of knowledge under the laws concerning ‘limitation’ in England and Wales. The law states that a Claimant must issue court proceedings within this time period, or else their claim would be statute barred (out of time).
Generally, we would advise you to contact us at least 12 months before the limitation period in your case is due to end.
Who can make a claim?
The victim of the negligence can bring about a claim in their own right. However, it is may also be the case that the victim has passed away as a result of the negligence, or has suffered so severely that they are unable to bring about a claim as they no longer have capacity.
In such circumstances a claim can be brought about on their behalf, either by an appropriate person or litigation friend if the victim is still with us, or by the executor of the estate of surviving dependant if the victim has passed.
Our specialist team will be able to discuss whether you have a right to bring about a claim, so if you or a loved one has been affected do not hesitate to contact us.
Why should I use Oakwood Solicitors Ltd?
We have a dedicated team of solicitors and paralegals who have many years’ experience between them in running cases of this nature. They are highly trained to deal with all aspects of clinical and medical negligence.
Oakwood Solicitors Ltd wishes to ensure that clients are not overwhelmed by legal jargon or medical terms that they don’t understand and aims to allow the claims procedure to be as transparent as possible.
Further reading
Dental negligence claims – Oakwood Solicitors
NHS Complaints – NHS Website
WHAT TO DO NEXT
Get in touch today for a no-obligation consultation. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9720 to find out how we can help you.
Caseymae joined Oakwood Solicitors in July 2022. She started working in the medical negligence department as a Legal Assistant. She has worked her way up in the department and is now working as Parale…
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