If you have been the victim of an incompetent dentist, our dental negligence solicitors are able to
offer you a full assessment of your claim and a no win no fee package that
will ensure that you receive the compensation you deserve for any damage caused by medical negligence. We can assist with problems involving negligent routine
dentistry or with more complex negligent treatment involving root treatment,
crowns, bridges or cosmetic work. For advice at no cost and without obligation just complete the contact form or email our lawyers offices or call the helpline and a specialist dental negligence solicitor will telephone to discuss your claim at no cost to you.
The majority of dental surgery is carried out professionally however there are some instances where things do go wrong which is where our dental negligence solicitors can step in to assist. Our dental negligence solicitors deal with compensation claims using the no win no fee scheme. Damages are paid in full with no deductions. You will not be asked to finance the case as it proceeds. Win or lose there is no charge.
Dental Negligence is the failure of a dentist to treat and care for a patient with a reasonable degree of skill and care. If the dentist was careless, lacked proper skills or disregarded established medical
rules when treating a patient then it may be possible for dental negligence solicitors to claim compensation for personal injury and any other losses.
Our dental begligence solicitors deal with injury compensation claims using a no win no fee arrangement which means that if you don't win then you don' pay them their professional costs. Our lawyers will advise you in detail about the principles of no win no fee arrangements.
Most lay-men do not appreciate exactly how complicated dental practice has become and it's no longer just a matter of simple extractions and amalgam fillings with the arrival of complex sub specialities involving the use of high tech equipment. Some of the more common dental specialities include restorative dentistry, endodontics, prosthodomtics, peridontology with some patients needing referral to an oral and maxillofacial consultant in a hospital for major reconstruction. Our dental negligence solicitors frequently deal with cases where general practice dentists carry out work negligently, that should have been referred to a specialist dentist or that would have been better dealt with by a consultant in a dental hospital.
Law of Negligence
Exactly what is dental negligence? This concept is defined by law however deciding whether or not a dentist has been negligent may be far from easy for a dental negligence solicitor. The solicitors definition has changed and has become refined over the decades and may vary dependent on location. In general terms the standard of care required from a dentist in Australia is determined by the professional opinion of a significant body of respected dentists. This means that there may be more than one course of treatment which falls within the description. The fact that an alternative treatment fails, whilst another may have succeeded, does not always mean that the chosen treatment was negligent, provided that a significant number of other dentists would have pursued a similar course of action. Dental negligence claim issues can be extremely complex and are decided by the Judge in a court of law after listening to representations by both sides dental negligence solicitors and by expert witnesses.
The test to be applied in dental negligence cases is one of 'reasonable care' and the standard is not determined solely or even primarily by reference to the practice followed or supported by a responsible body of opinion in the dental profession. The High Court has ruled that the test is not what other dentists say they would or would not have done in the same or similar circumstances. If you believe that your problem has arisen as a result of erronious treatment by a dentist, contact our dental negligence solicitors for advice at no cost.
Time limits do vary for dental negligence claims in Australia and matters related to limitation can be an extremely complicated area of law. In general terms a dental negligence claim must be settled or legal proceedings must have been issued in a court of law within three years of the negligent treatment or within three years of the discovery of the injury caused by earlier negligent treatment. Failure to take appropriate action within the time limits may mean that the opportunity to claim compensation is lost forever. Time limits can vary dependent on the circumstances and there are exceptions for minors and infants and for those suffering from a permanent or temporary mental disability. For definitive advice on time limits you should always seek personal advice from a dental negligence solicitor rather than relying on any other source of information.
Damages payable in a dental negligence compensation claim are intended to put the claimant back into the position that they would have been in had it not been for the injury. Any direct financial losses, which are known as ‘general damages’, can be calculated or accurately assessed however it becomes a difficult concept when awarding compensation for pain & suffering. Non economic losses or ‘special damages’ describe the award for pain & suffering which is determined by the extent of the injury, the recovery period and the presence of any long term consequences. When assessing the amount of the financial award the judge will listen to representations made by both parties dental negligence solicitors and will consider awards made in previously decided cases to assist in assessment of current damages.