Sam was a working father in sound health prior to undergoing surgery. Improper treatment by hospital staff left him unable to speak, walk or swallow. He requires...
Read moreWe 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.
Find out if you’re eligible for dental negligence compensation today.
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:
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.
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:
You need to demonstrate that the dental professional’s breach of duty caused your injury or illness. This means proving two key points:
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).
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:
Like all medical negligence cases, time limits apply to every dental negligence case. The exact limit depends on the state you live in.
State | Time limit |
---|---|
NSW, VIC, SA | 3 years after discovering your injury. |
QLD, WA | 3 years from the date of the dental negligence. |
ACT | For 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:
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.
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.
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.’
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.
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.