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Dental negligence payouts in Australia: How much compensation can you claim

Written by:

Julie Baqleh

November 8, 2024

Going to the dentist is rarely anyone’s idea of a perfect day, but we trust these healthcare professionals to provide competent care that improves our oral health. Unfortunately, sometimes this trust is broken through negligent treatment. This leaves patients suffering preventable injuries, ongoing pain, and emotional trauma.

In Australia, compensation for dental negligence varies significantly, with possible compensation ranging from $30,000 to $250,000 or more. Understanding your rights and the compensation you might be entitled to is crucial if you’ve experienced dental negligence. This guide will explore dental negligence payouts in Australia and the factors that influence the compensation you may receive.

Quick Links

Common forms of dental negligence?
Dental negligence compensation amounts
Factors that influence compensation amounts
Recent dental negligence payouts in Australia

What costs can you claim for?
How GMP Law can help maximise your compensation
FAQs

What exactly is dental negligence?

Dental negligence goes beyond mere dissatisfaction with treatment outcomes. It occurs when a dental professional’s care falls below the accepted standard of their profession, resulting in preventable harm to the patient. The impact can be devastating, affecting everything from a person’s ability to eat and speak to their confidence in social situations and overall quality of life.

Many patients struggle to identify whether they’ve experienced genuine negligence or just an unfortunate outcome. The key difference lies in whether the negative result was preventable through proper care and attention. For instance, while some discomfort after a root canal is normal, permanent nerve damage due to improper technique represents potential dental negligence.

What are the statistics on dental negligence in Australia?

Recent statistics highlight the prevalence of dental negligence claims in Australia.

According to a 2018 study published in The Australian Dental Journal, dental practitioners, who make up only 3.5% of all health practitioners, account for approximately 10% of complaints in the healthcare sector. They have the highest complaint rate among fourteen health professions – around 42.7 complaints per 1,000 practitioners annually. The rate is particularly high among dentists and dental prosthetists compared to allied dental practitioners.

Common forms of dental negligence

Dental negligence can manifest in numerous ways, each potentially devastating for the patient.

Diagnostic errors

Failure to identify tooth decay or gum disease
Misdiagnosis leading to unnecessary treatment
Overlooking signs of oral cancer or other serious conditions
Incorrect interpretation of X-rays or diagnostic tests.

Treatment errors

Extracting the wrong tooth
Nerve damage during procedures
Improper filling or crown placement
Complications from anaesthetic administration
Poor-quality bridge or dental implant work.

Procedural failures

Not obtaining informed consent
Failing to explain treatment risks
Not referring to specialists when necessary
Poor infection control practices.

Learn more: Can I sue my dentist for negligence?

Dental negligence compensation amounts

The amount of compensation you can claim for dental negligence in Australia depends largely on the severity of your injury and its long-term impact on your life. Recent cases have shown that more severe or permanent injuries typically result in higher payouts, particularly when they affect daily activities or require extensive corrective treatment. In Australia, compensation for dental negligence varies significantly, with possible amounts ranging from $30,000 to $250,000 or more.

Take, for example, a recent case where our client received $250,000 in compensation after being wrongly advised to remove all their teeth and replace them with dentures. This substantial payout reflected not just the physical impact of unnecessary tooth extraction, but also the devastating psychological effects and ongoing difficulties with dentures. The settlement acknowledged that this radical and unnecessary treatment permanently altered our client’s quality of life, affecting their ability to eat normally and causing significant emotional distress.

Factors that influence compensation amounts

Several key factors determine how much compensation you might receive for dental negligence.

Severity of physical injury

In personal injury cases, greater severity of injury often leads to higher compensation.

A recent GMP Law case resulting in a $175,000 payout involved a fractured temporomandibular joint (TMJ) during a wisdom tooth extraction. This significant compensation reflected the injury’s serious nature and ongoing impact. The dentist failed to provide adequate post-operative instructions and didn’t make an appropriate specialist referral, leading to chronic pain and the need for extensive corrective treatment.

Long-term impact

The size of your payout often correlates directly with the long-term consequences of negligent treatment. For instance, when permanent nerve damage occurs, as in a case where our client received $30,000 compensation, the settlement takes into account ongoing pain, discomfort, and potential future complications. This GMP Law Queensland-based client suffered nerve damage during wisdom tooth extraction, leading to recurring infections and requiring multiple corrective procedures.

Psychological impact

Mental health effects significantly influence compensation amounts. To qualify for non-economic damages (covering nervous shock or mental anguish), the law requires that an injury be assessed as at least 15% as severe as the most extreme case (the permanent impairment threshold).

In the TMJ fracture case, the $175,000 settlement included compensation for chronic adjustment disorder with anxiety and depressed mood, as confirmed by psychiatric assessment. This demonstrates how psychological trauma can substantially increase the overall payout.

Find out how much you can claim today.

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Recent dental negligence payouts in Australia

To give you a clearer picture of potential compensation amounts, let’s analyse three recent cases.

Case 1: Maximum payout for unnecessary treatment - $250,000

This case represents one of the larger dental negligence payouts in Australia. The substantial compensation reflected:

Complete unnecessary removal of healthy teeth
Permanent loss of natural dentition
Ongoing issues with denture fit and function
Inability to eat normally
Multiple adjustment procedures
Significant impact on quality of life
Psychological trauma from unnecessary treatment.

Case 2: Severe physical injury during extraction - $175,000

This significant payout resulted from:

Fractured temporomandibular joint (TMJ)
Retained tooth roots requiring removal
Inadequate post-operative care
Lack of appropriate specialist referral
Documented psychological impact
Extensive expert evidence supporting the claim
Need for ongoing treatment
A clear breach of duty of care.

Case 3: Nerve damage and ongoing complications - $30,000

While lower than the other examples, this payout still provided substantial compensation for:

Nerve damage during wisdom tooth extraction
Multiple revision surgeries
Recurring infections
Psychological impact
Restricted daily activities
Previous restrictions on the dentist’s practice.

What costs can you claim for?

Understanding the components of a dental negligence claim helps explain the variation in payout amounts.

Immediate treatment costs

Compensation typically covers all costs associated with the negligent treatment, including:

Initial procedure costs
Emergency treatment expenses
Pain medication and antibiotics
Travel expenses for treatment.

Corrective treatment

The more extensive the required corrective treatment, the higher the potential payout.

This includes:

Remedial dental procedures
Specialist consultations
Ongoing dental work
Future anticipated treatment needs.

Loss of income

If dental negligence affects your ability to work, you can claim for:

Time off work for treatment
Reduced earning capacity
Future income loss
Business losses for self-employed individuals.

Pain and suffering

Non-economic losses often form a significant portion of larger payouts, covering:

Physical pain and discomfort
Emotional distress
Loss of quality of life
Impact on personal relationships.

How GMP Law can help maximise your compensation

At GMP Law, our expertise in dental negligence claims has helped secure significant compensation for our clients.

We understand how to:

Properly value your claim based on similar cases
Gather compelling expert evidence
Document all aspects of your damages
Negotiate effectively with insurers
Present your case persuasively to the insurers and in court.

Our medical negligence team at GMP Law is dedicated to tirelessly pursuing the best outcomes for our clients. We offer a free initial consultation so you can explore your options to pursue compensation for any harm caused to you as a result of dental negligence.

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Frequently Asked Questions

What’s the average payout for dental negligence in Australia?

While payouts range from $30,000 to $250,000, each case is unique. Recent cases show serious negligence resulting in permanent damage typically receive more than $150,000.

How do you prove dental negligence for compensation?

Success requires:

Retaining dental experts to provide their opinions
Comprehensive medical documentation
Evidence of financial losses
Proof of ongoing impact
Clear demonstration of substandard care.

If you’ve experienced dental negligence, our team at GMP Law can evaluate your case during a free initial consultation. The examples we have cited in this guide are real cases we’ve handled, demonstrating our ability to achieve substantial payouts for our clients.

What evidence do I need to maximise my compensation?

Keep detailed records of:

All dental treatments
Corrective procedures
Medical expenses
Time off work
Impact on daily life
Photos of any visible damage
Communication with dental professionals.

Explore

Case Summaries

Sydney woman receives $250,000 settlement for injuries sustained following substandard dental treatment

> Read More

Woman Compensated with $175,000 After Injury from Inexpert Dental Treatment

> Read More

Queensland woman receives $30,000 in compensation following negligent dental treatment

> Read More

Author

Julie Baqleh

Partner

Julie Baqleh is a skilled personal injury lawyer with 22+ years' experience. She's a problem solver who gets results for clients facing complex legal challenges. She specialises in Medical Negligence and Institutional Abuse law.

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