Claim for Wrong Tooth Extraction
In a claim for wrong tooth extraction can I get compensated for the cost of replacing a tooth and the effect it has had on my confidence due to the change in my appearance?
If you are eligible to claim for wrong tooth extraction then you may be entitled to claim compensation for the cost of replacing the tooth and the effect it has had on you emotionally. However it can be difficult to initiate a dental negligence claim because of how complicated it can be to establish the negligence of the dentist involved. Therefore it is advisable to contact a personal injury claims solicitor with knowledge of wrong tooth extraction compensation claims at the first possible moment. Inform them of the circumstances in which the wrong tooth was extracted and tell them about the effect it has had on your confidence consequently. They will then begin the process of establishing negligence.
This process generally involves a panel of independent dental experts who will examine the relevant dental notes from the day of your procedure and dental history. They will then determine if negligence occurred based on whether or not another competent dentist would have taken alternative actions or if it still would have ended in the extraction of the wrong tooth. They will then inform your solicitor what they conclude. Based on this, your solicitor will decide if you have a claim that is worth pursuing and whether or not they will offer you legal representation.
If your claim is of considerable strength, its value will be calculated based on a number of factors such as your age, sex and general state of health prior to the loss of tooth, the pain and suffering you experienced during the procedure and the affect this has had on your quality of life. It is likely that the fact that your confidence suffered greatly will be taken into consideration in the area of personal injury claim known as “loss of amenity”
“Loss of Amenity” relates to the impact an injury has had to your quality of life and how it has affected your ability to take part in what used to be normal activities. It takes into account any non-financial changes you have had to make to your life in terms of work, social activities and even in the home. To measure how much your extraction of the wrong tooth has affected your life, your solicitor will try to establish the type of person you were before dental negligence and compare this to who you are now. It is likely they will talk to your friends and family and also seek access to photo albums and other relevant personal items. It would also be helpful for you to note any instances where your lost tooth has affected your ability to take part in everyday activities in a personal diary which you can later present to your lawyer.
The area of personal injury claims known as special damages will account for the financial impact your wrong tooth has had on your life and also any future impact. You should retain any medical receipts, and also find out the cost of a replacement tooth. You may also be able to claim for loss of earnings if you have been unable to work as part of your wrong tooth extraction compensation claim.
It is recommended that you contact a personal injury claims solicitor at the first possible moment in order to discuss all your options in pursuing a claim for wrong tooth extraction and to find out all your options.