Wrong Tooth Extraction Claims

Going to the dentist is rarely a pleasant experience, especially when you are going for a tooth extraction. Although tooth extractions are typically straightforward and risk-free, mistakes can happen. This can result in the removal of the wrong tooth and will likely be grounds for making a wrong tooth extraction claim.

Extracting the wrong tooth can lead to unnecessary pain, infections, future complications, emotional distress and the need for future corrective dental treatments. Our team of personal injury solicitors can help you secure compensation for your pain and financial losses on a no win no fee basis.

For a free initial consultation, contact us by calling 0800 470 0474 or using our online claim form to request a call back. A friendly legal adviser will answer all your questions and guide you through the claims process.

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Table of Contents

• What is a wrong tooth extraction?
• Am I eligible to make a wrong tooth extraction claim?
• How might a dentist take the wrong tooth out?
• What are the possible consequences of a negligent tooth extraction?
• What evidence do I need to make a dental negligence claim?
• How much compensation could I receive for a wrong tooth extraction?
• Can I make a wrong tooth extraction compensation claim on behalf of my child?
• Time limit to claim compensation for wrong tooth extraction
• Do dental negligence solicitors offer a No Win No Fee service?
• How long will my claim take?
• Start your claim for dental negligence today!

What is a wrong tooth extraction?

A wrong tooth extraction is a serious form of dental negligence that occurs when a dentist removes a tooth that did not actually need to be removed. For example:

• Pulling a healthy tooth instead of the one with decay or infection
• Extracting the wrong tooth due to misreading an X-ray or poor record-keeping
• Performing a tooth extraction when another treatment could have saved the tooth
• Damaging other teeth due to a negligent extraction
• Failing to obtain your informed consent before extracting the tooth

If you had the wrong tooth extracted due to the negligence of a dentist, our team of solicitors is here to help you claim the compensation you deserve.

Am I eligible to make a wrong tooth extraction claim?

If a dentist has removed the wrong tooth, and you have suffered pain, financial loss, or psychological harm, you may be eligible to make a dental negligence claim. However, to succeed in your claim, your solicitor must be able to prove that:

• A duty of care existed – this is typically implied, as all dental professionals owe you a legal duty to provide competent care when you become their patient.
• This duty of care was breached – this means proving that the standard of care you received fell below what a reasonably competent dental professional would have provided in a similar situation.
• Causation – you suffered avoidable harm as a direct result of this breach, such as physical pain, psychological distress and financial losses.
• You are within the claims time limit – you must typically start a claim within three years after suffering an accident or injury.

If these can be supported with evidence, you should be able to claim compensation for a wrong tooth extraction.

Your dentist may try to defend your claim and may argue that:

• You indicated that the extracted tooth was the one causing you problems
• The tooth they extracted needed to be removed anyway

However, even if these were true, your dentist may still be guilty of negligence for failing to use their skills to ensure they are extracting the correct tooth or failing to obtain your informed consent.

How might a dentist take the wrong tooth out?

There are various types of tooth extraction negligence that could lead to a successful wrong tooth extraction compensation claim. For example:

• Failing to read your X-rays or dental records correctly
• Pulling a tooth that you indicated as painful without carrying out further investigations
• Not properly examining you before the procedure
• Mistaking one tooth for another, especially if they are misaligned or crowded
• Miscommunication between the dentist and their assistant
• Poor record-keeping
• Mistaking one patient with another
• Misinterpreting X-rays or other diagnostic tests
• Lack of informed consent from the patient
• Extracting the tooth from the wrong side of the mouth
• Failing to confirm the tooth or location with the patient

If your dentist extracted the wrong tooth due to negligence, our team of dental negligence solicitors can help you claim compensation for the harm you suffered.

What are the possible consequences of a negligent tooth extraction?

A negligent tooth extraction can lead to a range of physical, emotional, and financial consequences, some of which may be long-lasting or permanent. These include:

• Loss of a healthy tooth
• Avoidable and unnecessary pain and discomfort
• The need for additional dental work, such as bridges and implants
• Risk of infection and bone loss
• Injury to adjacent teeth, gums, nerves and jawbone
• Permanent nerve damage leading to ongoing sensitivity, numbness or difficulty eating or speaking
• Dry socket, a painful condition where a blood clot fails to form or dislodges
• Aesthetic issues and loss of self-confidence
• Misalignment of the remaining teeth and the bite
• Jaw fracture or dislocation may occur if poor technique or excessive force is used
• Damage to the sinuses when upper molars are removed
• Emotional and psychological trauma
• Loss of trust in dental professionals and the medical system
• Financial burden due to the cost of corrective treatments or loss of earnings due to time off work

If you suspect your dentist pulled the wrong tooth, do not hesitate to seek appropriate dental care and legal advice as soon as possible, as you may be eligible for compensation.

What evidence do I need to make a dental negligence claim?

If you lost a tooth as a result of medical negligence and you want to make a compensation claim, you will need various types of evidence to support it. This must prove that you received substandard care from a dentist and that your life was affected by this negligence.

Examples of evidence that could be used include:

• Your complete dental history, including X-rays, appointment notes and treatment plans
• A medical report from a specialist who can attest if and how your dentist breached their duty of care towards you
• Details of any consent forms you signed before undergoing treatment
• Statements from friends or family who witnessed your pain, distress and recovery
• Medical records that prove any injuries you sustained due to the extraction of the wrong tooth, such as infections or nerve damage
• Before and after photos showing the damage to your teeth and gums
• Any written complaints you made to the dental clinic or the General Dental Council
• Your own detailed account of the events and the impact on your daily life
• Proof of financial losses and expenses incurred as a result, such as receipts and invoices for further dental work

Your solicitor will help you gather all the evidence you need to support your wrongful tooth extraction claim and give you the best chance of receiving compensation.

How much compensation could I receive for a wrong tooth extraction?

The amount of compensation you may be entitled to receive for your negligent dental treatment will be calculated based on two types of damages. There is no fixed compensation payment, as your claim will be assessed based on the harm and losses you have suffered.

Personal injury compensation can be broken down into two types of damages:

General damages – this part of the compensation is awarded for the pain, suffering and loss of amenity caused by the wrongful extraction. The amount awarded will depend on factors like:

• The type and position of the tooth extracted
• The severity and duration of your pain and discomfort
• The psychological and emotional impact of the negligence
• The extent of any ongoing issues
• The effect on your ability to eat and speak
• The impact on your daily activities

Special damages – this part of the compensation covers the financial losses and expenses you have incurred or will incur as a direct result of the wrongful extraction, such as:

• The cost of corrective or cosmetic dental treatment
• The cost of replacing the wrongfully lost tooth
• Loss of earnings if you had to take time off work to recover
• Travel expenses for medical appointments
• Cost of prescriptions and private consultations

General damages will be awarded based on the guidelines from the Judicial College and could be:

• £1,330 to £2,080 for the loss of a back tooth
• £2,690 to £4,820 for the loss of a front tooth

Can I make a wrong tooth extraction compensation claim on behalf of my child?

If your child suffered as a result of negligence by a dentist, you may be able to make a wrong tooth extraction claim on their behalf.

As a first step, our team of friendly legal advisers will offer you a free initial consultation to discuss the merits of your case and your suitability to represent your child as a litigation friend.

If you can proceed, they will help you fill in and file the necessary documents with the court. Once approved, you will have several duties, which include:

• Act in the best interests of your child
• Instruct solicitors and take legal advice
• Approve and sign legal documents
• Gather all relevant dental records and other supporting evidence
• Decide whether to accept a settlement offer

If you make a successful claim on behalf of your child, you must go to an Infant Approval Hearing in court. Here, a judge will examine the available evidence to determine whether the negotiated settlement is fair and covers all your child’s needs.

If the judge approves the settlement, the money will be kept in a court bank account or a personal injury trust and released to the child on their 18th birthday. You can sometimes ask for early release of the money if you can prove it would benefit your child.

Time limit to claim compensation for wrong tooth extraction

The Limitation Act 1980 imposes a three-year time limit to initiate a claim for a wrong tooth extraction. The time limit will begin from the date of the negligence or from when you first became aware of it. Once this period expires, you will lose your legal right to seek compensation.

There are a few exceptions to the three-year limitation period:

• You can make a claim on behalf of a child at any time before the child’s 18th birthday, no matter when the negligence occurred. Afterwards, they have three years to make a claim themselves.
• If the injured party lacks the mental capacity to handle legal proceedings due to an injury, illness or disability, the time limit is suspended.

Regardless of your situation, it is essential to get in touch with a solicitor as soon as possible following a negligent act. This will help them gather evidence more effectively and will increase your chances of making a successful claim.

Do dental negligence solicitors offer a No Win No Fee service?

If you have a valid case with a fair chance of success, our team of specialist dental negligence solicitors will be happy to offer you a no win no fee service. That means there will be no upfront fees to pay, and you do not risk losing a single penny.

Under a conditional fee agreement, you only have to pay your solicitor if and after you receive compensation for your pain, suffering and financial losses. In this case, they will be entitled to a success fee, which can be no more than 25% of your settlement.

If you lose your claim, you won’t have to pay your solicitor anything.

How long will my claim take?

It is difficult to give you an exact timeframe for how long your wrong tooth extraction claim will take. Most cases of medical negligence are resolved within six to 18 months, depending on several factors. This includes:

• Whether the defendant admits liability and how early in the process they admit it
• The complexity of the injury you suffered and its long-term effects
• How long it takes to gather supporting evidence, such as medical records and expert opinions
• The time it takes to negotiate a settlement
• Whether your case needs court proceedings or you can settle through negotiations

To speed up the claims process, you should aim to provide your solicitor with dental records, photographs, correspondence, and other relevant evidence as soon as possible. You should also try to attend all appointments made on your behalf and respond to requests quickly.

Start your claim for dental negligence today!

If you or your child suffered unnecessary harm because of dental negligence, contact us for a free consultation with a legal adviser. If you can proceed with a claim, we will pair you with the best personal injury solicitor for your case, who will:

• Offer you a no win no fee service
• Help you gather supporting evidence
• Handle all communication on your behalf
• Keep you updated throughout the claims process
• Offer you support and advice at every step of the claim
• Negotiate the maximum compensation on your behalf

Last edited on 8th Aug 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.