DENTIST NEGLIGENCE: COMPENSATION SOLICITORS

Legal Helpline: ☎ 1800 529 835

Our Australian medical lawyers specialise in handling dental negligence compensation claims against dentists, dental surgeons, oral surgeons and dental hospitals. If you have concerns regarding dental treatment received in Australia and wish to seek legal advice, simply call our helpline on 1800 529 835 or complete the online contact form. This is an obligation-free service. No Win No Fee legal representation is available.

Common complaints against dentists:

  • Failure to diagnose and treat complications arising from extractions- infection, sinus perforation, mandibular fracture, TMJ injury.
  • Performing unecessary treatment.
  • Providing treatment without consent.
  • Failure to warn of material risks associated with treatment eg nerve damage.
  • Negligent endodontic procedures; instruments left in canals.
  • Negligence associated with dental implant procedures.
  • Substandard crown and bridge treatment.
  • Failure to diagnose or treat periodontal disease.
  • Orthodontic treatment negligence.
  • Cosmetic dental surgery negligence.
  • Dental injection injuries.
  • Complications from dental anaesthesia.
  • Administering drugs contraindicated by the patient's medical history.
  • Failing to diagnose oral cancer in a timely manner.
  • Failure to refer to other specialists when necessary.

Australian Dentistry Case Law

McEnearney v Coggin [2007] QDC 120 - The dentist had advised the patient that her teeth could be straightened without needing braces. The dentist used a dental expansion plate in an effort to straighten the patient's front teeth, which lead to a series of problems requiring orthodontic treatment to correct the situation. He was found to have been negligent for failing to refer the patient to an orthodontist.

Delphin v Martin [2012] TASSC 13 - a dentist was found to be negligent and ordered to pay $677,037 damages to the plainitff. The dentist removed a wisdom tooth without performing an x-ray, and without warning the patient of significant risks such a nerve damage. They also used excessive force. The patient suffered nerve damage and psychiatric injury.

Dean v Phung [2012] NSWCA 223 - Dr Phung was successfully sued in both negligence and trespass for extensive root canal therapy and fitting of crowns which were not necessary. The court of appeal held that because the treatment was unecessary, any apparent consent by the patient had not been consent in fact, so the treatment constituted trespass to the patient. Compensation awarded was $1.743 million.

If you would like further information regarding your rights, just complete the contact form or call our free helpline.

 

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