Case Overview
- Our client went to a dentist to address wisdom teeth pain.
- The client was advised that she needed to get all of her top and bottom teeth removed and be fitted for dentures.
- Because she was wrongly diagnosed, GMP lawyers were able to negotiate a settlement of $250,000.
Our client attended a local dentist for wisdom teeth pain, however, during the consultation, she was advised that all of her teeth needed to be extracted with top and bottom dentures fitted. Such radical treatment is typically carried out if there is a generalised severe periodontal breakdown, nerve damage and gross decay of all teeth, which was not the case with our client.
Despite this, our client was encouraged to undergo such treatment which afterwards left her with severe pain, looseness of the dentures and inability to eat. Our client required multiple readjustments of the denture but eventually expended on extensive further dental treatment with another practitioner to rectify the problems caused by the original dentist. Seeing the devastating effects of her injuries on her quality of life, our client sought expert advice and assistance from Gerard Malouf & Partners.
“While some resistance to the claim was initially pressed, we were able to enter into settlement negotiations between the parties by way of mediation.“
GERARD MALOUF & PARTNERS
Our Approach
Solicitor Susan Newman took on this case and argued on behalf of her client that the treatment provided was negligent, radical and not reasonable clinical practice. We obtained an expert opinion in support of this argument. On the basis of this expert evidence, we were able to commence proceedings against the dentist.
If you have been injured as a result of medical negligence, you should always seek advice from a lawyer about your rights. Speak to one of our expert solicitors at GMP Law Compensation Lawyers on 1800 004 878 for a free, no-obligation consultation or complete our email enquiry form.
The Result
Ms Newman and her team, including an expert barrister, negotiated a settlement of $250,000.
Susan Newman
Senior Associate
Frequently Asked Questions
More Information
Negligence is a failure to exercise the care that another in the same position would prudently exercise. The harm caused by negligence is considered to be due to carelessness, rather than a specific intent or determination to cause harm.
While negligence can include misconduct in a variety of circumstances, malpractice is reserved for professionals who fall grossly short of their obligations — and harm others in the process. As a result, malpractice is often called “professional negligence”. If a licensed professional (such as a doctor, lawyer, or accountant) fails to provide the accepted standard of care and subsequently causes harm to the plaintiff, this form of negligence may be known as malpractice.
Medical malpractice is specifically used in reference to medical workers who have committed acts of negligence.
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Demonstrating that a doctor fell short of their duty of care can be a challenging process. While most doctors try their best to correctly diagnose conditions and provide timely medical treatment, they can’t always be right. In every state, protections are in place to shield practitioners from some litigation. These give practitioners peace of mind on the job and protect hospitals that are doing their best with limited resources. However, these laws also set the bar for receiving compensation incredibly high.
Overall, to win a favorable judgment, you must be able to prove Duty, Breach and Damages.
If you have been injured or an existing condition has got worse following a medical procedure, or even just a visit to the doctor, then you may have been the victim of medical negligence and you may be eligible to make medical negligence claims against the professional who caused your injury.
If you can first show that you have suffered harm, and secondly, that a medical professional failed in their duty of care towards you then you may be entitled to compensation.
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