A wrong tooth extraction claim may arise when a dentist removes a tooth that was not intended for extraction. The patient may be left with an unnecessary gap while the original dental problem remains untreated.
Coleman Legal LLP can review the dental chart, radiographs and consent process to establish how the error occurred and what further treatment may be required.
How a wrong tooth can be removed
Dental extractions are usually planned using clinical notes, dental charting, radiographs and, where relevant, a referral letter.
Dental records should clearly identify the treatment that was planned and what was ultimately carried out.
Errors can arise from incorrect charting, a referral naming the wrong tooth, a radiograph being misread, or a failure to confirm the treatment plan before the procedure begins.
Removing the wrong permanent tooth can have lasting consequences because an adult tooth will not grow back.
When a wrong tooth extraction claim may arise
A civil claim for wrong tooth extraction requires evidence that the care provided fell below the appropriate standard and that the error caused injury or financial loss.
The investigation will usually compare what was planned with what actually happened.
Dental records, radiographs, referral correspondence and consent documentation can therefore be important evidence.
The consequences can extend beyond the loss of the wrong tooth.
The patient may still require treatment for the tooth that was originally meant to be removed, while also needing restorative treatment for the unintended gap.
What treatment may be needed afterwards
The treatment required for a wrong tooth extraction will depend on the position of the missing tooth, the condition of the surrounding teeth, and the patient’s age and oral health.
Options may include a dental implant, bridge, denture or orthodontic treatment.
Additional preparatory treatment may sometimes be needed before a permanent restoration can be provided.
Where a child or teenager is affected, the position can be more complex because the jaw and dentition are still developing.
The full effect of losing a permanent tooth may not become clear until growth is complete, and specialist orthodontic or restorative evidence may be required.
What evidence is needed
A wrong tooth extraction claim is usually investigated using the full dental record.
This can include the treatment plan, consent documentation, clinical charting, radiographs, referral correspondence and records made after the error was discovered.
An independent dental expert can then assess whether the treatment met the appropriate standard and identify what corrective or restorative treatment may be needed.
Where further treatment is required, expert evidence can also help establish its likely cost and whether additional procedures may be necessary in the future.
Regulation and complaints
Dentists practising in Ireland are regulated by the Dental Council, which maintains the Register of Dentists and can investigate certain complaints concerning professional conduct.
A complaint to the Dental Council is separate from a civil claim for compensation.
The Council does not award compensation, order refunds or require a dentist to redo treatment.
A patient can therefore make a complaint and separately obtain legal advice about whether they may have grounds to pursue compensation.
Time limits
In Ireland, a dental negligence claim is generally subject to a two-year limitation period from the date the cause of action accrued or the injured person’s date of knowledge, whichever is later.
Date of knowledge concerns when the person knew, or could reasonably have been expected to know, the important facts connecting their injury with the dental treatment received.
Where a child is injured, different limitation rules apply.
A parent or guardian can bring proceedings on the child’s behalf as their next friend, while the limitation period is generally suspended during childhood.
Dental negligence claims like wrong tooth extraction arising from treatment are not assessed by the Injuries Resolution Board and are pursued through the courts.
