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      What is dental negligence?

      We trust dental professionals to treat us with professionalism and care. That’s why they have a ‘duty of care’ to their patients, meaning they’re legally required to provide a certain standard of care. This duty of care is the same standard expected of any doctor, hospital, or medical professional.

      Dental negligence, also known as ‘dental malpractice’, happens when your dental professional falls below this standard of care.

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      Types of dental professionals

      You can make a dental negligence claim against any registered dental professional. In our 25 years of handling dental negligence cases, we’ve filed claims against many specialised dental professionals, including:

      • Dentists
      • Orthodontists
      • Dental surgeons
      • Periodontists (gum specialists)
      • Orthodontists
      • Dental hygienists

      Common examples of dental negligence

      • Surgical errors: this can include nerve injuries caused by improper root canal procedures, perforation of the sinus cavity and excessive removal of bone or tissue.
      • Incorrect tooth removal: extracting the wrong tooth or performing unnecessary extractions.
      • Failure to treat gum disease: neglecting to diagnose or adequately manage periodontal (gum) disease.
      • Misdiagnosis: this includes both incorrectly diagnosing and failing to diagnose a condition.
      • Lack of sufficient training: if your dental professional performs a procedure beyond their skills and training.
      • Unnecessary treatment: administering unnecessary treatments that damage your teeth or gums.
      • Lack of informed consent: not informing you of medical risks or failing to get your informed consent before proceeding.
      • Inappropriate treatment advice: providing misleading or incorrect recommendations regarding treatment options, e.g. advising you to get dentures when your existing teeth could be saved.
      • Inadequate post-surgical care: failing to offer sufficient care instructions following dental surgery. This also includes failing to prescribe pain medication or antibiotics to prevent infection.
      • Incorrectly reading X-rays: misinterpreting X-ray results can lead to the incorrect treatment being provided.
      • Failure to refer: not referring you to a specialist when necessary for specific dental issues.

      These are just some of the dental negligence cases we have handled over the years — there are many more situations where you may be able to claim.

      If you’re unsure whether you have a claim, speak to one of our lawyers today. We’re experts in dental negligence and have the experience to determine whether you have a claim and how much you could be entitled to.

      How do I prove my dental negligence claim?

      You’ll need to prove three things for a successful dental negligence claim:

      This might happen through a negligent act or a failure to act. A negligent act is when they do something careless, like an error during oral surgery. In contrast, a failure to act is when your dental professional doesn’t do something expected of them, such as not diagnosing your condition.

      The ‘reasonable standard of care’ test is used to determine whether a breach of duty of care has occurred. This involves evaluating whether another qualified dental professional, faced with the same circumstances, would have acted similarly.

      The standard is based on what a competent and prudent dental professional with the same qualifications and experience would have done.
      The test considers many factors, including:

      • Whether your dental professional adhered to established professional standards and guidelines.
      • Testimony from other dental professionals in the same field.
      • The circumstances of your case, such as the specific treatment and the context in which it was provided.
      • Your health, pre-existing conditions and overall treatment plan.

      You need to demonstrate that the dental professional’s breach of duty caused your injury or illness. This means proving two key points:

      • You developed an injury or illness as a direct result of your dental professional’s actions.
      • Your injury was a ‘reasonably foreseeable’ result of the treatment (or lack of treatment) provided by your dental professional.

      You must prove that you’ve suffered injury and loss, such as medical expenses, lost wages, or pain and suffering (the negative impact of the injury on your life).

      How much can I claim for dental negligence?

      The amount you can claim for a dental negligence case varies widely, ranging from tens to hundreds of thousands. Your exact compensation depends on the specific details of your situation.

      Importantly, dental negligence compensation isn’t limited to your ‘economic’ losses — it also covers the impact of the injury on your life.

      Your total compensation may include:

      • Lost income: including future earnings and superannuation.
      • Pain and suffering: the way your injury affects your physical and mental well-being.
      • Domestic assistance: whether provided by professionals or family.
      • Other injury-related costs: medical expenses, travel, and home or vehicle modifications.

      Time limits

      Like all medical negligence cases, time limits apply to every dental negligence case. The exact limit depends on the state you live in.

      StateTime limit
      NSW, VIC, SA3 years after discovering your injury.
      QLD, WA3 years from the date of the dental negligence.
      ACTFor physical injuries, 3 years from the date of the dental negligence.

      For diseases or disorders, 3 years after:
      • Discovering the disease or disorder, and
      • That it was caused by dental negligence.

      If you’re outside the time limit, you can apply to the court for an ‘exception’. To determine whether you qualify, the court may look at:

      • Your access to proper legal counsel.
      • Any efforts you made to seek medical or legal advice.
      • The duration of your delay.
      • The extent and severity of your injuries.
      • Whether your medical professional advised against suing.

      We strongly recommend consulting a lawyer before filing a delayed claim. A dental negligence specialist can identify the best exception for your case and petition the court on your behalf. Over the years, we’ve successfully resolved many delayed claims for our medical negligence clients.

      To learn more about time limits and exceptions in dental negligence claims, head to our complete guide.

      How we can help you

      Dental negligence and other forms of medical malpractice are some of the most complex areas of law, and building a successful claim requires your lawyer to have particular expertise in medical and negligence law.

      We have over 25 years’ experience helping dental negligence victims get the compensation they deserve. We employ proven legal strategies and leverage our extensive network of dental professionals to provide independent examinations, reports, and expert testimony to strengthen your case. Dental negligence cases are notoriously challenging to prove, so strong evidence is crucial for winning your claim.

      From the moment you contact us, we will manage every aspect of your claim to ensure you achieve the best possible outcome.

      While every dental negligence case is unique, your claim will likely follow these steps:

      During your free consultation, you’ll share your situation with one of our team members. Your lawyer will assess whether you have a valid dental negligence claim, estimate your potential compensation, and discuss your chances of success.

      There’s no obligation to continue after this consultation, but if you choose to proceed, you’ll be covered by our No Win No Fee Guarantee. The lawyer you speak to will likely handle your claim from start to finish.

      Your lawyer will review your clinical notes and medical history to start building your case. During this time, you might need to be assessed by one of our dental professionals to confirm your condition and the damage caused by your dental professional. We cover the cost of this assessment, and there’s nothing to pay unless we win your case.

      We collaborate with our network of dental professionals to gather the evidence needed to support your claim. This includes expert reports and testimony, records from your dental professional, and your medical files.

      With expert evidence in hand, we then start court proceedings. The court will issue a timetable for managing your case, including the exchange of medical evidence and other information.

      Once this process is completed, your claim will be listed for mediation. These are pre-court negotiations between your lawyer and the dental professional’s insurer. You won’t have to deal with them directly — your lawyer will manage all negotiations, aiming to secure the best outcome swiftly.

      The vast majority of cases (approximately 97%) are resolved during mediation and don’t go to court. However, if your case doesn’t settle, your lawyer is prepared to proceed to court to ensure you receive full compensation.

      Meet the team

      Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

      Leon Monaco
      Managing Partner
      • English, Russian
      • Workers Compensation, TPD, Motor Vehicle Accidents, Public Liability
      View full bio
      Joanne Baker
      Senior Associate
      • English
      • Medical Negligence
      View full bio
      Sachini Amarasinghe
      Special Counsel
      • English
      • Medical Negligence
      View full bio
      Lucy Tait
      Solicitor
      • English
      • Medical Negligence
      View full bio
      Daphne Zhuang
      Senior Paralegal
      • English, Mandarin
      • Medical Negligence
      View full bio
      Meet more of the team

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      Find out if you have a claim today.

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      What our clients say

      When you walk through our doors, our top priority is to help you as much as we can. This commitment is shown in over 200 5-star reviews.

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      For anyone facing medical negligence issues, I highly recommend Monaco.

      I contacted Monaco in regard to a complex negligence claim. The team at Monaco were both approachable and professional. Their knowledge and commitment gave me confidence and a strong case, which ultimately led to a successful outcome.

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      I am forever thankful! God bless you for being there for me whenever I called.

      Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.

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      They were always ready to help with paperwork and answer any questions.

      The staff at Monaco solicitors are very respectful, courteous, knowledgeable and professional. They were always able to help me with the paperwork on my case and always available to assist with any questions I had. They explained all the details of the process as it came up. I have no hesitation in recommending them to anyone who has a medical issue.

      Google Posted by Paulina Chapman
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      Easy and supportive define my experience with Monaco.

      My experience with Monaco Solicitors has been very rewarding. My solicitor was Lucy, who was so easy to communicate with throughout the process. On mediation, she was so supportive. I certainly would recommend Monaco Solicitors to anyone who feels they may have a potential Medical Negligence claim.

      Google Posted by Carol Dillon
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      Thank you for accomplishing so much in such a short time.

      Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.

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      Good result! We had a complicated claim but they got the job done.

      My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.

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      I knew it from the very first phone call: I had found a compassionate law firm.

      Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.

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      They helped me juggle my injury claim and my mum's full-time care.

      I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.

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      Monaco helped me get much more compensation than I expected.

      Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.

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      They gave it their all and the result was even better than expected.

      At all times during this long process, I felt supported by the solicitors and barrister assigned to me. At mediation, it became clear that my team were doing all they could to get the best possible outcome for me. At settlement, they did better than I expected.

      Google Posted by Stafford Ray

      Speak to one of our friendly lawyers

      Email us 1300 769 665

      Millions won for our clients

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      We have the experience you can count on

      98%
      SUCCESS RATE
      25
      YEARS EXPERIENCE
      8,967
      CLAIMS WON
      $650m
      COMPENSATION PAYOUTS

      Hannah's Story

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      “Monaco got us an upfront payment to ease the financial strain.”

      Get free legal advice

      Use our online claim checker to instantly find out if you have a claim. Alternatively, just give us a ring — our expert lawyers are always ready to answer your questions.

      Start your claim check online Call 1300 769 665 Email us