Dental malpractice affects many Australians each year, often leading to pain, complications, and unexpected costs.
Dental negligence occurs when a dentist or oral health practitioner fails to meet the standard of care expected in their profession, resulting in harm to the patient. If you’ve experienced this, you may be entitled to compensation for your injuries, emotional trauma, or the financial burden of corrective treatment.
It’s a more widespread issue than many realise. According to a 2018 study published in the Australian Dental Journal, dentists make up just 3.5% of registered health professionals in Australia but account for nearly 10% of all healthcare complaints. With 42.7 complaints per 1,000 practitioners each year, dentistry has the highest complaint rate across the health sector.
What Is Medical Negligence in Dental Care?
Medical negligence in dentistry follows the same legal principles as broader healthcare malpractice. Under Australian law, dental professionals owe their patients a duty of care to provide treatment that meets the standard expected of a reasonably competent practitioner in their field. When this standard isn’t met and harm results, it constitutes dental negligence.
The legal foundation for dental malpractice claims in NSW stems from the Civil Liability Act 2002 and common law precedents. These establish that healthcare providers, including dentists, must exercise reasonable care and skill in their practice. Importantly, not every poor outcome indicates negligence—sometimes complications arise despite appropriate care.
For a successful dental negligence claim, you must prove four essential elements:
- Duty of care existed: This is automatically established when you become a patient
- Breach of duty occurred: The dentist’s care fell below the accepted standard expected of a qualified professional.
- Causation is established: The breach directly caused your injury or harm
- Damages resulted: You suffered actual loss, whether physical, psychological, or financial
Common Examples of Dental Negligence
Diagnosis and Treatment Planning Failures
- Missed diagnoses: Failing to identify oral cancers, infections, or gum disease during routine examinations
- Incorrect treatment plans: Recommending unnecessary procedures or failing to address underlying issues
- Delayed referrals: Not referring complex cases to specialists when required
Procedural Errors
- Extraction complications: Removing the wrong tooth, causing nerve damage, or leaving root fragments
- Root canal failures: Incomplete cleaning, perforations, or broken instruments left in canals
- Implant problem: Poor placement causing nerve damage, sinus perforation, or implant failure
- Crown and bridge issues: Ill-fitting restorations causing bite problems or ongoing pain
Anaesthetic Complications
Nerve damage from injections represents a significant category of dental negligence claims. While some temporary numbness is normal, permanent nerve injury affecting sensation in the lips, tongue, or face may indicate malpractice. Additionally, administering incorrect dosages or failing to check for allergies can have serious consequences.
Consent and Communication Failures
Dentists must obtain informed consent before procedures, explaining risks, benefits, and alternatives. Performing treatments without proper consent or failing to discuss material risks constitutes negligence, even if the procedure itself meets technical standards.
The Compensation Claim Process in NSW
Initial Assessment and Evidence Gathering
- Gathering comprehensive documentation, such as dental records, imaging, and treatment history
- Photographing visible injuries or complications
- Keeping receipts for corrective treatment and related expenses
- Maintaining a diary of pain, symptoms, and impacts on daily life
If you’re uncertain if you have a claim, our Medical Negligence Lawyers offer initial consultations to assess claim viability. During this assessment, we’ll review your evidence and may arrange independent dental examinations to establish whether negligence occurred.
Time Limitations
In NSW, you generally have three years from discovering the injury to commence legal proceedings for dental malpractice. However, this limitation period can vary depending on circumstances, particularly for children or individuals with disabilities. Acting promptly ensures evidence remains available and memories stay fresh. Call us now for expert advice.
Expert Medical Opinion
Proving dental negligence typically involves expert input from independent dental practitioners who can assess the standard of care provided. These experts review treatment records, examine current conditions, and provide opinions on whether the care fell below acceptable standards. Their reports form the foundation of successful claims.
Negotiation and Resolution
Most dental negligence claims resolve through negotiation rather than court proceedings. At Gajic Lawyers, our Medical Negligence Lawyers will prepare a detailed claim outlining the negligence, its impacts, and the compensation sought. The dentist’s professional indemnity insurer typically handles negotiations, with many cases settling through mediation or informal settlement conferences.
Requirements for Successful Claims
Beyond proving the four elements of negligence, successful claims require substantial supporting evidence. This evidence must demonstrate not only that mistakes occurred but that these mistakes caused measurable harm requiring compensation.
Documentation Requirements
Comprehensive documentation strengthens dental malpractice claims significantly. Essential documents include:
- Complete dental records from the negligent practitioner
- Records from subsequent treating dentists
- Medical reports detailing injuries and prognosis
- Psychological assessments if anxiety or trauma resulted
- Financial records showing losses and expenses
Establishing Causation
Proving causation is one of the biggest challenges in dental negligence cases. You must demonstrate that your injuries resulted directly from the substandard treatment rather than pre-existing conditions or unavoidable complications. Expert witnesses play crucial roles in establishing these causal links.
Dental Negligence Payouts in Australia
Compensation for dental malpractice in NSW varies widely depending on the severity of the injury and individual circumstances. While every case is unique, settlements can range from tens of thousands for minor complications to more than $500,000 for serious, lasting injuries, and in rare cases, even reach millions.
No matter the amount, dental negligence payouts in Australia typically cover several categories of loss.
Types of Compensation Available
| Compensation Category | What It Covers | Typical Considerations |
| General Damages | Pain, suffering, loss of enjoyment | Severity and permanence of injury |
| Special Damages | Medical expenses, lost income | Past and future financial losses |
| Care and Assistance | Help needed due to injury | Professional care or family support |
| Corrective Treatment | Fixing dental problems | Current and anticipated procedures |
Factors Affecting Payout Amounts
- Injury severity: Permanent nerve damage attracts higher compensation than temporary discomfort
- Age and occupation: Younger patients and those whose work depends on appearance may receive more
- Treatment costs: Claims involving extensive corrective work may result in higher compensation.
- Psychological impact: Dental phobia or anxiety resulting from negligence adds to claims
Dental Malpractice Standards
Dentists and other oral health practitioners in Australia are expected to follow professional guidelines laid out by the Dental Board of Australia and the Australian Dental Association. These standards cover everything from infection control and record-keeping to informed consent and technical competence. When practitioners fall short of these benchmarks, patients may suffer preventable harm.
The assessment of dental negligence involves comparing the practitioner’s actions against what a reasonably competent dentist would have done in similar circumstances. This peer professional opinion standard means that expert testimony often plays an important role in establishing whether malpractice occurred.
Preventing Dental Negligence
While patients cannot control their dentist’s competence entirely, certain steps reduce negligence risks:
- Research dentists thoroughly, checking registrations and any disciplinary history
- Ask questions about proposed treatments and alternatives
- Seek second opinions for major procedures
- Ensure written consent forms detail planned treatments
- Request copies of records and X-rays regularly
Conclusion
Dental negligence can cause lasting physical, emotional, and financial harm. If you’ve experienced ongoing pain, nerve damage, infection, unnecessary tooth loss, or significant costs from failed treatment, it may be time to seek legal advice. Even if you’re unsure whether negligence occurred, speaking promptly with an experienced lawyer such as one of our Sydney Compensation Lawyers can help clarify your options and protect your rights.
At Gajic Lawyers, we specialise in medical negligence claims across NSW. With no win, no fee arrangements, expert case assessments, and a dedicated legal team, we’re here to guide you every step of the way.
Get in touch with one of our Compensation Lawyers Sydney today for a FREE, confidential, initial consultation.
