Most of us cringe at the mere thought of going to a dentist’s office, and may even experience a panic attack whenever they have to undergo dental surgery.
Yep, dental surgeries are tough to handle. And that’s not only because the surgery is not exactly the most pleasant procedure you can think of, but also because there have been countless cases of dentists extracting the wrong teeth, forgetting to administer a local anesthetic to relieve pain, and making a plethora of other preventable and, often, unforgettable mistakes that cause discomfort, pain, and suffering to patients.
Here at Kurzban, Kurzban, Tetzeli and Pratt, P.A., our Hawaii medical malpractice attorney has recently received the following question from one of our readers:
“I have recently undergone dental surgery, and the dentist removed one of my healthy teeth by mistake. He was supposed to remove two baby teeth, but extracted a healthy one as well, which caused me a great deal of pain. He apologized and said it was a ‘communication error’ and mentioned something about dental implants. I am not sure what to do if he offers me any offer for dental implants. Should I accept it? Thanks in advance. Katie.”
Can you sue your dentist for removing a healthy tooth?
Hello, Katie. Thank you for your question. We are really sorry to hear that the dentist’s mistake has caused you so much pain and that such a preventable and avoidable mistake occurred in the first place.
Unfortunately, despite all the advanced technology and tools available to dentists in the modern world – in addition to pre-surgical imaging and inspection – stories of surgeons extracting wrong teeth are still not unheard of. Among all medical mistakes caused by the healthcare provider’s negligence, wrong-site tooth extraction and pulling wrong teeth are one of the most common ones.
Do not accept any offer before you get to consult with an experienced medical malpractice attorney in Hawaii about the reasonableness of the contents of that offer. Do not ignore the possibility of suing the dentist for extracting your healthy tooth and recovering damages as opposed to accepting some low-ball offer.
When extracting the wrong tooth constitutes medical malpractice
Like all other medical professionals, dentists are held to a high standard of care. Thus, a dentist can be held responsible for breaching the standard of care and causing you personal injury, discomfort, and/or pain and suffering. Extracting the wrong tooth is one of those preventable medical mistakes that constitute a breach of care.
A professional and qualified dentist is not reasonably expected to make a mistake such as pulling healthy teeth. Removing wrong teeth is usually a careless and negligent mistake that may entitle you to pursue a strong medical malpractice case if you are represented by a Hawaii dentist malpractice attorney.
What you need to prove to get compensated for dentist malpractice
In order to receive compensation for dentist malpractice, your lawyer will have to establish several elements of a medical malpractice claim:
- The existence of a formal patient-doctor relationship with the dentist who performed the surgery.
- The fact that the dentist breached the standard of care (meaning: under similar circumstances, another qualified dentist with the same set of skills and experience would not have made this mistake).
- The removal of the wrong tooth resulted in damages and/or harm to you (damages can include but are not limited to medical expenses, loss of income, pain, and suffering, physical injuries, etc.).
When a dentist extracts the wrong teeth, it can constitute medical malpractice in Hawaii. In order to seek compensation, it is highly advised to be legally represented. Let our lawyers at Kurzban, Kurzban, Tetzeli and Pratt, P.A., evaluate your case and fight tooth and nail for your rights. We are armed to the teeth with legal prowess, experience, and knowledge. Call our offices at 808-736-5035 to get a free consultation.