Catherine Henry Lawyers’ expert Health Law team can help you if you have experienced poor care or suffered injury or trauma from dental treatment and wish to make a negligence claim against a dentist.
Can dentists be liable for medical negligence?
Yes, you can make a claim against a dentist for medical negligence just like you can for other medical professionals. The legal principles in pursuing dental negligence claims are no different to any other form of medical negligence.
Types of dental negligence
The main areas for which people can make claims against dentists for negligence include:
- substandard or botched treatment
- misdiagnosis or delayed treatments
- inappropriate treatment or over-servicing
- a lack of informed consent
- incorrect pain medication prescription.
Your dentist must get informed consent from you
A dentist, just like any other medical practitioner, must obtain informed consent before treatment begins. A patient must agree to undergo the proposed course of treatment, after a discussion of the advantages, disadvantages, alternatives, and associated risks. The dentist should use easily understandable language, give the patient the opportunity to ask questions, and be satisfied that the patient does understand the dental procedure.
Common dental treatments that give rise to negligence claims
This fact sheet is not a list of all the potential areas of dental negligence, but reflects those issues that we encounter most frequently.
Dental implants
A dental implant is an artificial tooth root that is put into the jawbone.
Implants allow missing teeth to be replaced through a crown or set of dentures. The implant connects to a small metal post that secures and supports the artificial tooth. For the implant to be successful, there must be enough bone in the jaw, and it must be sufficiently strong to hold and support the implant. If there is not enough bone to hold the implant, a bone graft procedure may be necessary.
This procedure has a 75% success rate. Common underlying causes of dental implant failure are:
- failure of the implant to adequately fuse with the bone
- inadequate assessment of the jawbone and improper positioning of the socket
- poor quality jawbone
- infection of the implanted area
- substandard quality implant
- the patient’s underlying poor health – issues such as diabetes or gum infection can increase the risk associated with this procedure.
Cosmetic dentistry
Cosmetic dentistry is work done to improve the appearance of a person’s teeth, rather than for clinical or medical reasons.
The most common procedures are teeth whitening, teeth reshaping (to make teeth longer, shorter, wider or narrower), veneers, or gum surgery.
Usually, a prosthodontist or an orthodontist performs cosmetic dentistry. Problems with cosmetic dentistry are typically due to poor planning or the fact that a General Practice Dentist (GPD) performs them rather than a suitable specialist.
Common risks associated with these procedures are:
- chemical burns or over bleaching arising from teeth whitening
- nerve exposure, poor shape, or breakage, arising from reshaping
- gum damage or tooth sensitivity, arising from veneers
- removal of too much gum, arising from gum surgery.
Restorative dentistry
Restorative dentistry treats or manages diseases of the teeth and their supporting structures. The most common form of treatment is a filling.
This area of dentistry is becoming increasingly specialised. Many dental negligence cases involve GPDs carrying out work to an unsatisfactory standard. The patient ought to have been referred to a specialist dentist, or a dental consultant.
Nerve damage
During the course of dental work and surgery, nerves may become damaged.
Common causes of nerve damage include inflammation of the tissue around the nerve, scalpel wounds, or prolonged contact with rigid surgical equipment. The resulting nerve damage may sometimes be permanent, unless the nerve damage is repaired. A lingual nerve injury can be caused by an anaesthetic injection or tooth extraction.
Typical symptoms include tingling or numbness in one side of the face, jaw or neck or a severe burning pain.
Periodontal disease
Periodontal disease or gum disease is responsible for a significant proportion of adult tooth loss. It is caused by bacterial plaque and can normally be identified by loose teeth and occasional bleeding.
Failure to treat periodontal disease leads to increasingly sore gums and tooth loss. If it is detected in time it can be successfully treated by scaling and root planning, followed by proper daily cleaning.
How do I know if I have a viable dental negligence claim?
Substandard dental care can result in significant compensation payouts but there are some issues to consider before legal action against dentists.
To be viable, medical negligence claims must meet certain thresholds within the Civil Liability Act 2002 (NSW) after considering legal fees and other costs.
Compensation for non-economic losses such as for pain, suffering and life expectancy reductions is only awarded if the injuries are assessed at least 15 per cent as bad as a most serious case. (However, you may still claim compensation for economic loss and medical expenses.)
This means it is important to get an experienced medical negligence lawyer to give you a realistic assessment about whether your case is financially worthwhile for you.
Let us fight for you
Taking legal action can also help change health care practices and hold health care professionals to account so other people do not have to experience what you went through.
If you or a loved one have experienced poor dental care caused by a dentist’s negligence, please call one of our caring, expert, health lawyers on 1800 874 949 or fill in the form below, and we will be in touch.
*The material provided in our information sheets is for general knowledge only and is not a substitute for independent legal advice. For further information about the issues affecting you, please contact one of our experienced and professional lawyers for expert advice.
