Can I claim compensation for wrong tooth removal after my dentist had mistakenly removed a perfectly healthy tooth?
It may be possible to claim compensation for wrong tooth removal if you have been the victim of the carelessness of a professional who owed you a duty of care. A dentist – as a trained professional – should take a great amount of care towards their patients to ensure that they do not sustain an injury due to wrong tooth removal. Should a dentist fail to perform this duty of care and you sustain an avoidable injury, a claim for wrong tooth removal can be possible against the insurance policy of the dentist in question. However liability can be difficult to establish and for this reason you are advised to consult a personal injury solicitor at the earliest opportunity following a wrong tooth removal accident.
The dentist in question may be liable for your compensation for wrong tooth removal if it is determined that he or she had taken unnecessary actions which resulted in an injury. This could be the situation if an injury due to wrong tooth removal was sustained because of a poor examination of your teeth which resulted in a healthy tooth being extracted. A claim for wrong tooth removal is also possible if established that the dental records compiled by your dentist – or one of his or her colleagues – was unclear or incorrect and this resulted in your accident. As it may be considered that your wrong tooth removal accident was avoidable had sufficient care been taken, you could be entitled to compensation for your injury.
However because you suffered an accident does not always guarantee a claim is possible and seeking compensation for wrong tooth removal could be difficult in certain circumstances. Each claim for wrong tooth removal will have to be assessed by a dental expert and if considered that a competent dentist would have taken the same actions, a claim may not be possible. This could be the situation if – for instance – your injury due to wrong tooth removal occurred because of a lack of cooperation with the dentist in question, either through providing your dentist with misinformation or refusing to comply with measures to correct the damage which had occurred. While compensation for wrong tooth removal accident could still be possible in certain circumstances, compensation can be reduced to reflect your own lack of care.
Claiming compensation for an injury due to wrong tooth removal is not always straightforward and it is possible that your claim could be disputed. For this reason you are strongly advised to consult a personal injury solicitor before making a claim for wrong tooth removal to have your accident and injury assessed. Your solicitor – with the assistance of a dental expert – can determine whether your wrong tooth removal accident was avoidable and if you will be entitled to make a claim to compensation. It should be noted that a time limit of two years exists in which to seek compensation for wrong tooth removal – as per the Statute of Limitations – and because of this you are advised to seek legal advice regarding your accident and injury at the earliest opportunity.