Claim for Wrong Tooth Extraction

Making a Claim for Wrong Tooth Extraction

If you or a loved one has had the wrong tooth extracted due you could be entitled to claim for wrong tooth extraction. In order to do this it is advisable that you contact a solicitor with experience in dealing with dental negligence claims at the first possible moment. Medical dental negligence claims can be complicated, so it is in your best interest to find out about the viability of your particular claim for compensation for when the wrong tooth was extracted and how best to proceed. Once you inform your solicitor of the specific circumstances in which the wrong tooth was extracted, they will be able to advise you and begin the process of establishing the negligent party in your claim for extraction of the wrong tooth compensation.

Process of Claiming Extraction of the Wrong Tooth Compensation

To establish negligence in your claim for wrong tooth extraction, your solicitor will contact all of the dental professionals involved in the procedure in which the wrong tooth was extracted. Everyone is contacted due to the fact that it is not always the dentist who is the responsible party in such claims. Sometimes errors can occur due to the wrong information being provided or because of negligence on the part of another staff member such as a dental assistant.

Your solicitor will not apportion blame when contacting the dental professionals; he or she will merely obtain any relevant medical dental notes to show to an independent dental expert. This expert will examine these notes and determine if negligence took place. They will establish if the wrong tooth still would have been extracted had one of those involved taken alternative actions and if another competent dental professional had been performing in their place. Based on what they conclude, your solicitor may offer you representation in your claim for compensation for when the wrong tooth was extracted.

If negligence is established your solicitor will write a letter of claim to the negligent party informing them that you are initiating a claim for extraction of the wrong tooth compensation against them. The negligent party will then have twenty one days in which to acknowledge receipt of this letter and a further ninety days to inform your solicitor of whether or not they accept liability. If they accept liability in your claim for wrong tooth extraction, your solicitor will enter into negotiations with their insurers to secure the maximum amount of settlement for your claim that you should be entitled to. If liability is denied then your claim may have to be settled in court.

Unsolicited offers of Claim for Wrong Tooth Extraction

You should be wary of being approached directly by the negligent party’s insurers with an offer of extraction of the wrong tooth compensation. This is called an unsolicited offer and such offers of compensation are typically inadequate when it comes to covering the full repercussions of a dental negligence injury. Because these offers are generally made not long after an instance of dental negligence has occurred, they will not have had time to fully assess the extent and impact of the injury that was sustained. An offer like this is likely to be made so that you will be tempted to accept an instant settlement of compensation for when the wrong tooth was extracted as this will subsequently save the insurance company money in terms of the amount of compensation they will have to provide and in legal fees. It is recommended that you always present such an offer to a solicitor with knowledge of your situation. They will be able to advise you of whether or not it is a fair offer and if you could obtain more if you were to pursue a claim.

Value of Compensation for when the Wrong Tooth was Extracted

Once the negligent party has been established and liability has been acknowledged, the amount of compensation in your claim for wrong tooth extraction you could receive will be negotiated. The solicitors involved in calculating your claim will examine the Judicial College Guidelines for the Assessment of General Damages to obtain a base value for your claim. This is a publication which contains a list of various injuries and the amount that they are worth. This value will then be adjusted to account for your age, sex, health prior to the extraction of the wrong tooth, the pain and suffering you endured because of it and the subsequent impact it has had on your life.

Your compensation for when the wrong tooth was extracted should also take into consideration general damages and special damages. General damages are the area of personal injury claim which takes into account any non-financial changes you have to make to your life, any psychological impact it has had on you and “loss of amenity”. Loss of amenity is when you can no longer take part in the same activities that you used to or if you can no longer find pleasure in hobbies or pastimes that you once enjoyed. Special damages cover the financial impact your wrong tooth extraction may have had on your life. For instance, if you have incurred any expenses because of the dental negligence or if you have experienced any financial losses, this will also be taken into consideration when your extraction of the wrong tooth compensation is being calculated.

Contact a Solicitor

If you are considering making a claim for compensation for when the wrong tooth was extracted it is in your best interest to discuss it with a medical negligence claims solicitor. They will be able to guide you through the claims process and put your mind at ease over any possible worries you may have. Therefore it is advisable that you make an appointment for a consultation at the first possible moment to find out all your options about making a claim for wrong tooth extraction.


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