Our specialist lawyers will help you smile again. Find out today if you’re entitled to dental negligence compensation. We handle all claims according to our no win, no dramas policy and can provide you with immediate legal representation anywhere in Australia.
The legislation surrounding dental negligence varies from state to state. For this reason, we have created separate pages with specific legal information for each jurisdiction.
Or if you would prefer to speak with someone please call 1800 106 107 for free impartial advice.
What is dental negligence?
Dental negligence is different to a number of other claims on this site. Dental negligence can worsen your existing condition and may sometimes endanger your life with inappropriate advice. For these types of claims a ‘breach of duty’ must be established. Staff must be competent in diagnosing you; healthcare professionals have a reasonable standard of care that they must give to you. If they breach this, then you may be eligible for a claim.
To successfully claim Dental negligence, you must establish two things:
- There must’ve been a breach of duty (negligence)
- The breach of duty must have been the cause of the loss, injury or damage to you (causation)
If your dentist’s procedure came with an outcome that you don’t like, that doesn’t necessarily mean you have a claim. You also won’t have a claim if there is a reasonable mistake that a medical professional has made. Dentists must show that they provided the standard of care that a reasonable body of medical professionals in the same field would regard as acceptable. You are also responsible for daily dental hygiene. However, your dental experience may have resulted in an inappropriate diagnosis, treatment or incident, and result in a loss of livelihood.
If you think your dentist hasn’t done something right, call us on 1800 106 107 for a no-obligation quote and to determine whether you have a claim.
How to complain about a dental practice?
There are many ways in which you can make a complaint about a dental practice. The best way in our opinion is speak with one of our medical negligence lawyers for free. They will be able to let you know whether negligence or malpractice has taken place and whether you will be entitled to compensation.
At the very least one of our lawyers might be able to point you in the right direction about getting a bad dental work refund
Common claims
There are a number of errors that can be presented as a dental negligence case including:
- Surgical errors, including after-surgery care
- Incorrect tooth removal
- Damage of healthy teeth
- Loss of expensive implants/crown
- Failure to investigate symptoms
- Illnesses and infections (such as MRSA)
- Dental negligence or failure to adequately diagnose and treat
- Failure to sufficiently check and monitor, leading to problems such as pressure sores, malnutrition or dehydration
- Incorrect medication or treatment given
- Errors by junior staff
- Misinterpretation of x-rays
Periodontal disease is a common claim that is brought against dentists, and in some cases, oral cancer claims may also be brought. An inadequate technique may also result in expensive procedures failing to last as long as they should, such as implants, crowns and veneers.
Call us on 1800 106 107 to see if you have a claim with no obligation.
Who is liable?
If your medical practitioner didn’t do their job properly in completing the procedure and keeping you as safe as reasonably possible, then they may be liable for the pain, suffering and other factors that may have occurred.
When calling us, there are no hidden fees; no upfront payments and you have the peace of mind that you have no obligation to make a claim. So, call us at 1800 106 107 to see if you have a claim.
Or, request a callback.
Can you sue a dentist for messing up your teeth?
One of the common questions we hear from victims of dental negligence is “can you sue a dentist for messing up your teeth?”, well, the answer is yes. Depending on the circumstances you may have grounds to make a claim against the dentist or practice. It will also depend on what procedure has been performed and the condition of your teeth prior
Our Compassionate Guarantee
Although some patients may be in a position of greater risk of dental negligence (or similar) from their illness, you are entitled to compensation if your medical professional is negligent. You may have received care or surgical work that was inadequate or dangerous due to dental negligence.
In order to help you understand whether you can make a claim or not, we will need to ask you some questions. These include:
- When did the incident happen (e.g. did your dentist suggest medication that was unsuitable at any point)?
- Who was involved in the incident (e.g. did your dentist suggest you become involved in a risky procedure for example)?
- Whether your medical professional was to blame for the incident (e.g. Did your dentist misjudge the side effects of medication relative to your illness)?
- What the impact of the incident is (is your condition now less treatable, or even untreatable)?
If you feel uncomfortable answering any of these questions, we will never rush you to make any decisions or to answer straight away. There is no obligation to make a claim either, so you don’t feel pressured.
How much compensation can I get?
Compensation is judged based on the impact the dental negligence has had on your life, rather than the context of the dental negligence.
If the compensation is a lump sum payment, then you can spend the money in any matter you see fit. Generally speaking, compensation usually covers:
- Lost earnings and future loss of earnings
- Pain and suffering
- Expenses related to travel (eg. Hospital transport)
- Care costs – these may include the costs to care for you, your loved one, or your children
Legislation makes sure that you have certain rights when you are involved in a dental negligence incident. Would you like to calculate your compensation?
General/Special Damages
You may hear a lot about ‘general’ and ‘special’ damages. General damages are usually pain, suffering and loss of amenity. Special damages are usually medical treatment, loss of earnings and any other expenses incurred. These are assessed on a case by case basis. To find out more, get in touch on 1800 106 107 to find out more information and an obligation free quote.
What to do next
Each state in Australia has different time frames in which to claim, but you may be eligible for a number of different claims.
After we determine your situation over the phone, we can organise for an independent medical report to ensure that no stone is left unturned in regard to your claim.
Get a free eligibility check here.
Can I claim on behalf of someone else?
You may be able to make a claim or someone else if they are a ‘protected person’. This includes children or someone who’s been injured that can’t make the claim themselves. If you represent them, you will be known as a ‘litigation guardian’ throughout the claim. Although it is incredibly rare, if a loved one has died from dental negligence, you may be able to act on their behalf.
Call us for more information and whether or not you will need to take on this role; we’ll never pressure you into making a decision, and our quotes are obligation-free.
