Is there a time limit for claiming compensation for having the wrong tooth extracted by dentist?
Like with most other cases of dental medical negligence, with a claim for compensation for having the wrong tooth extracted there will be a time limit of three years. This is imposed by the UK Statute of Limitations which was established in 1980 as part of the Limitations Act. It was introduced in order to ensure that those who had sustained injury through fault of their own could only claim compensation while there was still recent evidence. It also ensures that those who could be considered the negligent parties would not have to continually fear possible litigation. The date that this time limit begins is generally the date where an injury is sustained, in your case this would be the date that the wrong tooth was extracted.
There are certain circumstances where the time limit will not apply or can be extended; however exceptions to the Statute of Limitations are quite rare. Instances where the three year time limit may not apply include if there’s a relevant legislative act that clashes with the Statute of Limitations, if you are a child or if you have suffered an injury in extraordinary circumstances. It is unlikely that any of these will apply to you; however it is advisable that you contact a claims solicitor with experience in dealing with wrong tooth extraction negligence compensation claims at the first possible moment. They will be able to tell you if any of these exceptions apply to you and also how long left you have to make a claim, once you inform them of the circumstances in which the wrong tooth was extracted.
Although three years may seem like plenty of time to pursue a claim for when the dentist extracted the wrong tooth, you should not delay making an appointment for a consultation with a solicitor. You should not feel worried about feeling obligated to pursue a claim if you don’t want to or if you think you cannot afford it. Most solicitors offer a free initial consultation that is without obligation. It would be worth your while to meet with a solicitor to find out the viability of your claim and all of your options. Furthermore, there may be some unexpected hindrances involved with preparing and pursuing your claim, so it is best to start the process as soon as possible. Such hindrances could come in the form of difficulties in gathering evidence to support your claim or if negotiations between the solicitors calculating the value of your claim break down.
Furthermore, a claim for compensation for having the wrong tooth extracted cannot be made unless negligence is established. Your solicitor will do this by contacting the dental team who performed your procedure. They will obtain all of the relevant medical notes and present these notes to an independent dental expert. This expert will examine these notes to determine whether or not there were steps that could have been taken to avoid the extraction of the wrong tooth and if still would have occurred if another, competent dental professional had been performing the procedure instead. If the dental expert concludes that your wrong tooth extraction could have been avoided, your solicitor may offer you legal representation in your wrong tooth extraction negligence compensation.
Making a claim for claim for when the dentist extracted the wrong tooth can be a complicated process. Therefore it is advisable that you contact a claims solicitor at the first available opportunity in order to discuss compensation for having the wrong tooth extracted and to find out how best to proceed with your claim for when the dentist extracted the wrong tooth.