Estimated read time: 7 mins
The extraction of the wrong tooth is an event that no dentist ever wants to encounter. It is also something that we would like to think will never happen to us. Yet, despite our best intentions, in reality this does happen, and we continue to see claims alleging wrong tooth extraction.
A review of UK and Ireland claims opened by Dental Protection between 2021 – 2022, showed that 9 – 24% of oral surgery claims included allegations of wrong tooth extraction.
But here’s the twist: not every claim of a ‘wrong tooth’ extraction is valid.
In this article, we look at two different cases where allegations of wrong tooth extraction were made. One where the error was accepted and another where things weren’t as clear cut.
On realising the error, the dentist immediately re-implanted the tooth and explained the situation to the patient. With their agreement the correct tooth was then removed.
The patient was understandably distressed, but the dentist took time to answer their questions and was open about the potential consequences of the extraction and re-implantation. The dentist confirmed they would speak to the patient the following day, seek specialist opinion and arrange follow-up appointments to ensure any necessary additional treatment was provided.
Immediately after the patient left the surgery, the dentist called Dental Protection for advice and followed up with a specialist endodontist for guidance on the clinical care. With support from Dental Protection, the patient had the costs of all the remedial treatment costs met which ultimately included specialist referral, endodontic treatment, and a crown. The dentist retained a positive relationship with the patient throughout the treatment ensuring that any concerns the patient had were addressed.
Addressing the clinical and financial elements of the situation can be fairly straightforward. But what about the emotional impact? The emotional cost for both the patient and dentist can be equally, if not more, significant.
For patients, claims for compensation can include an element of ‘general damages’ to reflect the distress caused but this doesn’t provide answers to the questions patient’s ask; Why did this happen? How do I know this won’t happen again? Clinicians equally can be traumatised and spend sleepless nights thinking about the same thing.
In truth, the ‘why’ is multi-factorial and may be the consequence of relatively minor issues building up to create the perfect storm. Think about some of the following challenges:
Traffic delays causing patients and staff to arrive late
Last-minute staff changes due to illness,
Emergency patients double-booked
Surgery distractions; colleagues seeking advice, reception updating on other patients
Working in a new surgery
Patient factors - eg. limited mouth opening or difficulty in being able to recline fully
In this case; the dentist had been running late, the patient was squeezed in and a distraction immediately before the extraction was enough to cause the clinician to lose focus.
Reflecting on the ‘why’ helps put the incident in context and empowers the dentist to address the predisposing factors and proactively reduce the likelihood of a similar ‘perfect storm’ arising again.
The patient went on to instruct solicitors seeking compensation for the wrong tooth extraction. Dental Protection, acting for the first dentist, instructed an expert to review the treatment and consider whether the treatment provided by the first dentist was appropriate and supported by their records.
The dentist’s notes were sufficiently detailed to support that UL7 was the cause of the patient’s symptoms at the initial appointment. The expert concluded that the dentist had undertaken an appropriate assessment and provided appropriate advice and treatment. A letter of response was provided denying liability. Several months later, the patient’s solicitors confirmed that they were no longer instructed.
Even if a complaint may seem to be unfounded, it is important to get early advice and reassurance. Dental Protection is here to provide support no matter what the circumstances.
