TOOTH EXTRACTION NEGLIGENCE

Tooth extraction occurs when a dentist removes a permanent tooth from its socket in the jawbone. Most tooth extractions have no issues, but sometimes mistakes happen.  If you have suffered from a mistake you may have a tooth extraction negligence claim.

Before tooth removal, Dentists must offer other treatment options after determining whether the tooth cannot be saved. The dentist then must conduct an oral examination before extracting a tooth. This includes an x-ray in order to establish the best way to complete the removal. The dentist must review your your dental and medical history before taking out a tooth.

The following are a few of the tooth extraction negligence claims we have seen in our law practice.

PULLING THE WRONG TOOTH

This used to be a rare event, but is now an injury we are seeing more and more every year. Large Corporations buy out small dental offices and less people visit the same dentist who owns and runs his or her own office.  These dental chains focus on maximizing the speed of treatment and the number of patients treated in a day. In this high pressure environment, more dentists and their staff will pull the wrong tooth.

AFTER EXTRACTION

If an infected tooth still requires an extraction, the patient has a gap with two teeth instead of one. This makes implants more costly. Sometimes dentists will pull the correct tooth but damage a neighboring tooth during the procedure, which should not occur.

A common defense is that the pulled tooth would have needed to be removed anyway. Since there was an extraction already scheduled, none of the clients have a flawless mouth. The defense will use the flawed mouth to devalue the claim. A solid expert can often overcome this defense. We deploy many dental experts to assist in valuing claims.

TOOTH EXTRACTION WITHOUT CONSENT IS DENTAL MALPRACTICE

Dentists and oral surgeons should not remove teeth without the proper informed consent of the patient. Prior to surgery,  the patient has the legal right to have all the  risks of the treatment fully explained so they can decide if they still want the procedure and still want the dentist to remove the tooth. Failure to remove a tooth without telling the patient constitutes a medical battery and is an example of dental malpractice. We have seen these kinds of dental negligence cases most often in patients with dental insurance and/or Medicaid since these insurance plans pay by the tooth, rather than by the visit.

PAINFUL INJURY AFTER A TOOTH EXTRACTION

Most patients will not feel pain after an extraction, but if an extraction is not performed correctly, a permanent injury can occur. Examples of permanent injuries include a bone infection (osteomyelitis) or an infection in the gum. A dentist needs to treat these areas and is required to give advise on how to avoid the infection and prevent the infection from spreading.

While getting an infection doesn’t immediately give you a reason to file a claim, if your dentist hasn’t prescribed antibiotics, hasn’t given you advice about possible infections, or you haven’t been referred for further treatment, you may well have a claim. Other injuries include permanent nerve damage and sinus perforation following a dental extraction.  

COST OF TREATMENT

If you have suffered from dental malpractice, treatment may include an implant or implants, bone graft surgery or sinus membrane perforation repair. Each of these treatments are extremely expensive, costing thousands of dollar. Unlike surgeries to other areas of the bodies, many health insurance plans do not cover dental surgeries. The cost of repair can be harmful to one’s financial health. Hiring dental malpractice lawyers and filing a claim will help recover the money  needed to make the repairs that would not have been needed had there not been tooth extraction negligence.

CONTACT LAW HELP LOUISVILLE

If you, or someone you care about, has suffered a dental nerve injury, please email lawhelplouisville@gmail.com or call 502-771-0588. Under Kentucky law, any malpractice claim, including a claim against a dental professional must be brought within one year of when the injury occurred or reasonably should have been discovered. Under Indiana law, any malpractice claim must be brought within two years. Do not hesitate to call us.