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Can I sue my dentist for negligence?

Ray Abbas

Written by:

Ray Abbas

Whether going in for an annual cleaning or a more intensive dental treatment, you have certain expectations during your trips to the dentist’s office. Namely, that your dentist is looking out for your best interest and oral health.

For the most part, patients can trust their dentists to do just that. Of course, trustworthiness alone doesn’t mean dentists are infallible – and mistakes can have devastating consequences for patients, affecting their ability to eat, speak, and live normally. 

If you’ve experienced harm during dental treatment, it’s important you understand your rights. This guide will explore dental negligence in Australia, including when you can sue your dentist and how to effectively prove malpractice.

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What constitutes dental negligence?

Dental negligence occurs when a dental professional fails to provide the standard of care expected in their field, resulting in harm to the patient. While typically thought of as a lower-risk environment than what’s often faced by general practitioners and other medical specialists, serious harm can and does occur in the dentist’s office.

Common dental procedures where negligence may occur

Dental work like filling, root canal treatments, tooth extraction, and dental implants all come with inherent risks. However, when these risks are compounded by negligence, the results can be catastrophic.

Common procedures where negligence occurs include:

1. Tooth extractions

  • Unnecessary removal of healthy teeth
  • Damage to surrounding teeth or jaw
  • Incomplete removal leading to infection
  • Excessive bleeding due to poor technique.

2. Root canal treatments

  • Missed canals leading to ongoing infection
  • Perforated roots
  • Instrument breakage inside the tooth
  • Chemical burns from cleaning solutions.

3. Dental implants

  • Improper placement affecting nerves
  • Failed osseointegration
  • Sinus complications
  • Infection due to poor sterilisation.

4. Cosmetic procedures

Specific types of dental negligence

Some common examples of areas where negligence may occur include:

Informed consent failings

Dentists must ensure patients are adequately aware of the treatment they are receiving and must have been informed of the associated risks.

This includes:

  • Full disclosure of procedure details
  • Alternative treatment options
  • Potential complications
  • Recovery expectations
  • Associated costs.

Treatment without cause

Dentists can be held liable for providing treatment that a patient does not need, including:

  • Unnecessary fillings
  • Excessive crown replacements
  • Unwarranted root canals
  • Cosmetic procedures without medical benefit.

Dental implant errors

A botched implant can result in:

  • Cosmetic issues
  • Bone damage from failed grafts
  • Infections
  • Nerve damage
  • Sinus problems
  • Implant rejection.

Nerve damage

Excessive pressure with dentistry instruments could cause permanent nerve damage, leading to:

  • Loss of sensation
  • Chronic pain
  • Difficulty speaking
  • Problems with eating
  • Facial paralysis.

Misdiagnosis or delayed treatments

Dentists who fail to:

  • Use appropriate diagnostic tools
  • Spot developing problems
  • Provide preventative care
  • Offer timely restorative treatment may be considered negligent.

Proving dental negligence

Dentists are held to the same principles as any other medical professional when it comes to negligence claims. However, there are specific considerations that plaintiffs must understand before proceeding with legal action.

Legal requirements for negligence claims

For a dentist to be found liable for negligence, the alleged mistreatment does not need to be intentional. Rather, a dentist need only fall grossly short of their professional obligations – and harm others in the process. In Australia, dentists have an assumed duty of care for their patients, meaning they must provide a reasonable standard of care.

The four elements of dental negligence

To prove dental negligence or any other form of medical malpractice, you must demonstrate:

  1. Duty of care

  • Established dentist-patient relationship

  • Professional obligation to provide care

  • Documentation of treatment agreement

  1. Breach of duty

  • Failure to meet professional standards

  • Deviation from accepted practices

  • Poor judgment in treatment decisions

  1. Causation

  • Direct link between breach and injury

  • Evidence of resulting harm

  • Expert testimony supporting the connection

  1. Damages

  • Quantifiable losses

  • Documented injuries

  • Impact on quality of life.

Learn more: Navigating the complexities of medical negligence cases

Types of compensation available

When pursuing a dental negligence claim in Australia, it’s essential to understand the types of compensation that may be available to you. These can be broadly categorized into economic and non-economic damages, each addressing different aspects of the impact on your life.

Economic damages

  • Lost wages and income
  • Medical expenses
  • Future treatment costs
  • Rehabilitation expenses
  • Lost superannuation
  • Out-of-pocket expenses.

Non-economic damages

  • Pain and suffering
  • Loss of quality of life
  • Emotional distress
  • Psychological trauma
  • Permanent disability
  • Disfigurement.

Learn more: Dental negligence payouts in Australia

Understanding compensation and claim viability

While dentists can certainly be found liable for negligence, it’s important to consider the amount of compensation you stand to gain before pursuing a claim. Medical negligence claims must meet certain thresholds within the Civil Liability Act 2002 (NSW) to be viable when taking into account legal fees and other costs.

Assessing injury severity

The law requires that an injury be assessed as at least 15% as severe as a most extreme case (permanent impairment threshold) to qualify for non-economic damages.

Some examples of the most extreme dental negligence cases (typically well above above 15% threshold) include:

  • Widespread third-degree facial burns
  • Complete loss of ability to eat solid foods
  • Severe nerve damage leading to permanent facial paralysis
  • Quadriplegia resulting from dental anesthesia complications.

 

Some examples of moderate to severe dental negligence cases (usually at 15% threshold) include:

  • Permanent partial nerve damage affecting speech or eating
  • Moderate facial disfigurement
  • Chronic pain requiring ongoing medication
  • Loss of multiple healthy teeth due to misdiagnosis.

Find out how much you can claim today.

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Building a strong dental negligence legal case

At GMP Law, we understand that crafting a successful dental negligence claim hinges on thorough preparation and robust documentation. Here’s a breakdown of what you’ll need:

1. Comprehensive documentation

 

Detailed timeline of treatments

Outline each step of your dental care journey

Photographs of dental work

Visual evidence can be powerful in demonstrating negligence

Records of communications

Keep a log of all interactions with dental staff to establish context

Receipts for related expenses

Documenting costs can strengthen your case

Pain and symptom diary

Track your experiences to illustrate the impact of negligence

2. Expert medical support

 

Independent dental assessment

An unbiased evaluation can provide crucial insights

Specialist reviews

Having experts review your case adds credibility

Written professional opinions

Obtain formal opinions from dental professionals to support your claims

Treatment alternatives analysis

Demonstrate that other options could have led to better outcomes

3. Impact evidence

 

Employment records

Show any missed work due to dental issues

Psychological assessment reports

Highlight any emotional distress resulting from negligence

Daily living activity limitations

Document how your quality of life has been affected

Social and relationship impact

Illustrate how your situation has impacted your interactions with others.

Building a strong case takes time and attention to detail. If you’re facing dental negligence, contact us today to discuss your situation with an expert who can guide you through the process.

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Common defence strategies and how we counter them

Understanding the common defence strategies used in dental negligence cases is important to strengthen your claim.

Here are some typical defences you might encounter and our approaches to counter them.

 

  1. Known risk defence

Defence claim: The injury was a known risk of the procedure


Our counter: We focus on demonstrating inadequate risk disclosure or deviations from standard practice. By showing that the risks were not properly communicated to you or that the dentist failed to adhere to accepted protocols, we can challenge this defence effectively.

  1. Pre-existing condition defence

Defence claim: The problems were pre-existing.


Our counter: We provide clear documentation of your dental health prior to the incident. By establishing a baseline of your condition, we can illustrate that the issues arose specifically due to negligence during treatment, rather than being pre-existing.

  1. Patient contribution defence

Defence claim: The patient didn’t follow post-procedure care instructions.


Our counter: We demonstrate proper patient compliance through detailed records. If you adhered to the care instructions provided, we can counter the argument that your actions contributed to the outcome.

How GMP Law can help

If you’re asking yourself, “Can I sue my dentist for negligence?” and considering your next steps, our experienced lawyers can help. They specialise in dental negligence cases and are well-versed in the complexities involved.

Our team will provide:

  • A free initial consultation to assess your case
  • Clear explanations of your legal rights
  • Comprehensive gathering and analysis of medical evidence
  • Access to medical experts to support your claim
  • Negotiation with insurance companies
  • Court representation when needed
  • Assurance that all deadlines and legal requirements are met.
 

Our medical negligence team at GMP Law is dedicated to tirelessly pursuing the best outcomes for our clients, striving to secure the maximum compensation available under the law.

Frequently Asked Questions

Yes, if the nerve damage resulted from negligent treatment rather than a known complication that was properly disclosed. Document all symptoms and seek immediate medical attention to strengthen your case.

Most cases resolve within 12-24 months, though complex cases may take longer. Factors affecting the timeline include:

  • Expert witness coordination
  • The response of the insurance company
  • Court scheduling
  • Settlement negotiations.

GMP Law offers free initial consultations to help individuals explore their options. Our experienced lawyers can guide you through the complex process of evaluating your situation and providing estimates on how long your claim may take.

Most dental negligence cases are settled before reaching court. However, we prepare every case as if it will go to trial to ensure the strongest possible position during negotiations.

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Case Summaries

Ray Abbas

Author

Ray Abbas

Partner

With both District and Supreme Court victories, Ray Abbas is an accredited specialist in Medical Negligence and Motor Vehicle Accident (MVA) claims. He has 24+ years' experience in personal injury law and can expertly unravel complex cases to secure maximum compensation for his clients.

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© 2024 
Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers
Class Actions
Class Actions
At GMP Law, we have extensive experience in class action lawsuits, amplifying the voices of individuals who have experienced similar harms or losses.
Services
Services
Gerard Malouf & Partners manage cases for clients across all areas of Personal Injury Law, Inheritance Disputes and Superannuation Disputes.
About Us
Gerard Malouf & Partners have provided friendly, experienced legal advice to communities across Australia for over 35 years. Our Personal Injury Lawyers have taken on ten’s of thousands of cases and we are proud to have won billions of dollars for our clients.
Lawyers
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.
Resources
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.

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