Oakwood Solicitors

Retained Roots

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When a tooth is damaged or infected, your dentist may recommend its removal. Depending on the complexity of the procedure i.e. if more than one needs to be removed, the placement of the tooth, etc. this may be done either under local or general anaesthetic.

One of the specific complications that could arise following the removal of a tooth could be retained roots, where they have either mistakenly been omitted as part of the extraction or the dentist has failed to inform you of the options and/or risks of leaving the roots in place, potentially leading to further issues such as pain, infection and the need for further surgery.

Retained Roots


When might Retained Roots become an issue?

Retained roots may not be apparent immediately after the initial tooth extraction and could lie dormant for months or even years before symptoms arise. In such cases, it might not be obvious straight away as to what the cause of the issues are and you may even think the reason behind them is something completely unrelated. This is why when any symptoms or problems arise, it is important to seek advice and medical/dental treatment as soon as possible so it can be investigated.

Your dentist, like any other medical expert, has a duty of care to ensure all advice and treatment provided is of a professional standard. Unfortunately, sometimes they breach this duty by not ensuring that all reasonable action has been taken to follow the relevant guidelines and systems in place to ensure patients receive the correct and safe treatment for them.

If you believe you have been caused to suffer pain, complications or further unnecessary surgeries as a result of negligent dental treatment, you may be eligible to make a claim for compensation.

How long do I have to claim?

Claims of this nature are subject to a three year limitation period. This means that claims have to be commenced within the Courts in three years of rather the date the negligent act occurred or the date you became aware that negligence had occurred.

In cases involving deceased victims this limitation period commences from the date of death and in cases involving minors, the limitation period starts when they reach their 18th Birthday.

The law surrounding limitation periods is complex, our specialist team will be able to advise further.

How long will my case take to run?

Given the complexities involved in pursuing Clinical Negligence claims, they can often take 18-24 months to conclude and longer if Court proceedings have to be issued. Our investigations start by obtaining all relevant records and protocols before approaching independent medical experts for their opinion. We will provide you with regular updates on the progress of your case to ensure that you are kept up to speed.



How much is my claim worth?

It is often difficult to value clinical negligence claims at their outset given the complexities involved however we will pursue two forms of compensation for you:

General damages – An award of money for the pain and suffering you have endured as a result of the negligence.

Special damages – An award for all your out of pocket expenses such as travel expenses, medication costs, loss of earnings, treatment costs both past and future. This list is not exhaustive and is very case-specific.

How is my case funded?

The majority of Clinical Negligence cases are funded by a Conditional Fee Agreement, more commonly known as a ‘No-win, no-fee’ agreement. This means that there will be nothing to pay upfront and nothing to pay if the claim has been lost.

If you are successful in your claim a deduction of 25% of damages will be taken to cover the success fee and the shortfall in legal fees.

It may also be the case that an After The Event (ATE) insurance policy will be obtained to cover the costs of expensive medical reports and investigations. If an ATE insurance policy has to be obtained the cost of the same will be discussed with you at the appropriate point.

The cost of the ATE insurance policy is again taken from your damages and only payable if you are successful with your claim.

Oakwood Solicitors Ltd


Why use Oakwood Solicitors Ltd to make your Clinical Negligence case?

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 negligence.

We want to ensure at Oakwood Solicitors Ltd that clients are not overwhelmed by legal jargon, medical terms that they don’t understand and to allow the claims procedure to be as transparent as possible.


For any advice about surgery resulting in retained roots, or any other matter regarding medical negligence – get in touch today for a free initial consultation in complete confidence. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9787 to find out how we can help you.

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Meet the Head of Department

Carol Cook

Head of Department - Medical Negligence

0113 200 9780

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