Can You Sue If Dentist Pulls Wrong Tooth?

When dentists pull the wrong tooth and commit dental malpractice, the

victim is allowed to recover compensation

for his or her injuries, the extra pain and suffering, and the value of a tooth, and the damage to any of the surrounding tissue or bone structure. This includes any damage to nerves.

What happens if a dentist removes the wrong tooth?

When dentists pull the wrong tooth and commit dental malpractice,

the victim is allowed to recover compensation for his or her injuries, the extra pain and suffering, and the value of a tooth, and the damage to any of the surrounding tissue or bone structure

. This includes any damage to nerves.

Can you sue a dentist for extracting the wrong tooth?

If the dentist actually believed that they pulled out a tooth that was causing your pain, and then later determined that the tooth was not the cause of the pain,

a patient may only sue if the dentist should have known it was the wrong tooth

.

How often does a dentist pull the wrong tooth?

The prevalence of wrong tooth extraction was

21.1%

. The three most common reasons for extracting a wrong tooth were miscommunication (31.6%), inadequate referral (28.9%), and exhaustion of an overworked dentist (28.9%). Surprisingly, only 50% informed the patient and documented the incident in the patient’s chart.

What are reasons to sue a dentist?

• Anesthesia Complications.
• Failure to Diagnose Oral Diseases or Cancers.
• Injuries to Oral Nerves.
• Complications with Bridges and Crowns.
• Tooth Extraction Problems.
• Root Canal Injuries.
• Complications from Novocain.
• Infections.

How much do you get for dental negligence?

At California Civil Code Section 3333.2, MICRA caps “general damages” for pain and suffering, emotional distress, and loss of companionship, at

$250,000

(Figure 2). “Special” or “economic” damages, such as lost wages, extra costs, and repair or replacement, remain unlimited.

What is dental negligence?

Dental malpractice, or dental negligence, can be defined as

avoidable injury caused by a dentist who fails to take the proper care

. Any case where a dentist has performed poorly, negligently or inappropriately which results in avoidable harm being caused to a patient can lead to a dental negligence compensation claim.

How do you avoid an incorrect tooth extraction?

Complications resulting from malpractice can take the form of the following:

Fever and/or chills

. There is excessive redness, swelling, or discharge from the extraction site. Bleeding or pain that is severe for more than four hours following the procedure.

What can you do if a dentist damage your teeth?

If you have chipped off just a small piece of tooth enamel, your dentist may repair the damage with a filling. If the repair is to a front tooth or can be seen when you smile, your dentist will likely use a procedure called bonding, which uses a tooth-colored composite resin.

Do dentists extract teeth unnecessarily?

Dentists that pull a tooth as the result of medical negligence could potentially be

legally

liable if you suffer injuries as a result of the procedure. Extraction related injuries may nerve damage and jaw fractures. At times, complications can result from the unnecessary extraction.

How do you know if a dentist is bad?

1. Red Flag #1 – Your Old Dental Records Are Not Requested. …
2. Red Flag #2 – The Office Is Using Old Technology. …
3. Red Flag #3 – Sterile Protocol Is Broken. …
4. Red Flag #4 – You Have To Ask For Oral Cancer Screenings. …
5. Red Flag #5 – Overzealous About Extensive Work. …
6. Red Flag #6 – Their Reputation Is Negative.

How difficult is it to sue a dentist?

It

may be difficult to win a lawsuit for pulling the wrong tooth

. Although pain is experienced, it is usually not considered to be enough of an injury to sue for. This is because the injury can usually be easily corrected. The dentist could provide the patient with two implants free of charge.

What do you do if you are not happy with your dentist?

1. Contact your state dental society to ask if they have a process called peer review.
2. Contact your state dental board.

Can I make a claim against my dentist?

There are three ways that you can file a complaint:

Call to have a Complaint Form mailed to you (916) 263-2300

, OR. Use the On-line Complaint Form, OR. Download and Print a Complaint Form.

What are some examples of negligence?

• A driver who runs a stop sign causing an injury crash.
• A store owner who fails to put up a “Caution: Wet Floor” sign after mopping up a spill.
• A property owner who fails to replace rotten steps on a wooden porch that collapses and injures visiting guests.

Is there a guarantee on dental work?

The typical warranty and the industry

standard is 2-3 years

. On the other hand, our goal is to provide you the highest standard of dental care available today and knowing that we have no other agenda than to be very good at what we do, we are committed to giving you the kind of dentistry that lasts for a lifetime.