When you go to the dentist to have a tooth pulled, the last thing you expect is that they will pull the wrong tooth. Not only will they have not taken care of the problem tooth, but they will also have caused additional problems that could lead to significant pain and suffering. At The Weitz Firm, LLC, we want to discuss whether or not you can sue a dentist for pulling the wrong tooth. Let our Philadelphia dental malpractice attorneys examine your case today.
Is it malpractice to pull the wrong tooth?
If a dentist pulls the wrong tooth, it could most certainly be considered malpractice. If a dentist was supposed to pull a particular tooth but polls another tooth instead, something went wrong. In medical terms, you will hear this called “wrong-site tooth extraction.” We can liken this to a surgeon performing surgery on the wrong body part or amputating the wrong limb.
The most common causes of a wrong tooth being pulled, according to dental journal studies, include:
- Errors during treatment
- Poor communication among clinicians
When looking at whether or not this will be a medical malpractice case, we need to determine whether the following elements can be proven:
- Duty. Dentists, like all healthcare professionals, have a duty of care to their patients. Essentially, this can be considered a dentist-patient relationship.
- Breach. A dentist is supposed to provide an adequate standard of care for every patient. The standard of care is judged by looking at how a similarly trained dentist we respond in the same situation. For these cases, we will look at whether or not another dentist would have made the same mistake in extracting the incorrect tooth. Most often, the answer will be no and the dentist will have breached their duty.
- Damages. It needs to be shown that the breach of care by the dentist resulted in damages (harm) to the patient. This can include additional medical expenses, a loss of earnings if a person cannot work, as well as pain and suffering damages sustained by the patient due to the removal of the wrong tooth.
We are ready to help secure compensation for your case
If you or somebody you care about has been injured because a dentist removed the wrong tooth, contact an attorney today. This is a serious issue, and the team at The Weitz Firm, LLC is ready to investigate to determine whether you are entitled to any of the following compensation:
- Compensation for all medical expenses related to the incorrectly pulled tooth
- Coverage of lost income and benefits if you miss work due to the mistake
- Pain and suffering damages
- Possible punitive damages in cases of intentional actions or gross negligence
This compensation could be recovered through a settlement with an insurance carrier. If the insurance carrier does not offer a fair settlement, it may be necessary to file a lawsuit against the at-fault dentist and their practice. When you need a Philadelphia dental malpractice attorney, you can contact us for a free consultation by clicking here or calling 267-587-6240.
