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Dentist extracted wrong teeth

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dentalcase

Junior Member
My orthodontist referred me to a dentist to get my teeth extracted as I am getting braces. The dentist extracted the wrong one- the tooth next to the one that was supposed to be extracted . There is now a huge gap in my mouth and it is noticable when I smile. I informed my ortho and he said that he can try to work around it and close the gap with braces. these are still the wrong teeth that were pulled. do I have a legal claim? if so, what is the probable outcome?
 


Zigner

Senior Member, Non-Attorney
US Law Only!

My orthodontist referred me to a dentist to get my teeth extracted as I am getting braces. The dentist extracted the wrong one- the tooth next to the one that was supposed to be extracted . There is now a huge gap in my mouth and it is noticable when I smile. I informed my ortho and he said that he can try to work around it and close the gap with braces. these are still the wrong teeth that were pulled. do I have a legal claim? if so, what is the probable outcome?
 

barry1817

Senior Member
dental

My orthodontist referred me to a dentist to get my teeth extracted as I am getting braces. The dentist extracted the wrong one- the tooth next to the one that was supposed to be extracted . There is now a huge gap in my mouth and it is noticable when I smile. I informed my ortho and he said that he can try to work around it and close the gap with braces. these are still the wrong teeth that were pulled. do I have a legal claim? if so, what is the probable outcome?

Extracting the wrong tooth is definitely below the standard of care and is malpractice.

You need an attorney to discuss this matter with, but as previous posts mentioned, while the damage to you is horrendous, the monetary damage, the cost to correct this, may not be that great.
 

csi7

Senior Member
You need to verify that the correct teeth number was written down on the extraction order.

I agree with consulting an attorney.

However, braces can be utilized to move teeth into correct position, may take a little longer and more frequent adjustment of the braces to complete.
 

barry1817

Senior Member
dental

You need to verify that the correct teeth number was written down on the extraction order.

I agree with consulting an attorney.

However, braces can be utilized to move teeth into correct position, may take a little longer and more frequent adjustment of the braces to complete.

Your comment would go to the damages, cost of the extra time and greater difficulty in having a proper result.

Damages also occur with time that a person is wearing braces as the need for routine dental care is magnified because of the difficulty to properly take care of their oral hygiene when braces are on their teeth.
 
Damages may be negligible, however.
Based on . . . I would argue a medical battery, no need for standard of care showing and opens up a whole new world as to damages. Case could be reserved nicely if qualified attorney handles from the outset.
 

Kiawah

Senior Member
So who made the error? The orthodontist specified the wrong tooth, or the surgeon took out the wrong one.

We had my daughter go thru a similar removal with her braces. We went over the paperwork with both, to make sure it was very clear which tooth was to be removed.
 

barry1817

Senior Member
dental

Based on . . . I would argue a medical battery, no need for standard of care showing and opens up a whole new world as to damages. Case could be reserved nicely if qualified attorney handles from the outset.

If there is a signed consent form, the battery aspect would probably not be there. It is significant error to extract the wrong tooth, but in defense of the dentist, and without seeing the x-rays or examining the patient, in a crowded mouth, with teeth having moved a mistake could have/did occur.

If we are talking premolars, and for example the difference between tooth 20 and 21, there are differences as to root size and occlusal size that do matter.

Not justifying wrong tooth, just that a battery is not there.
 

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