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

Julie Baqleh

Written by:

Julie Baqleh

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.

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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

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.

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.

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.
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Case Summaries

Julie Baqleh

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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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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