We have successfully run medical negligence cases against dentists in the past for failed dental procedures. So we thought it would be useful to summarise just some of the critical issues in medical negligence claims against dentists.

Is the dentist experienced?

When something goes wrong at the dentist and you want to seek compensation, one of the first issues we would consider in detail is the nature of the dental treatment that was provided to you.

Some dental procedures, such as a simple filling, are fairly basic. Others are way more complex (and expensive) and require specialised knowledge. Examples include removing multiple wisdom teeth all at once, or installing multiple denture retention implants, just to name a few.

More complex procedures include many more risk factors for patients and are often undertaken by either a highly experienced dentist or a team of specialists.

Yet one interesting point to note is that once a person qualifies as a dentist, technically there is nothing stopping them from undertaking highly specialised procedures, even if they have little to no experience.

By understanding the nature and complexity of the dental procedure which was provided to you, we can generally form a good idea as to whether the dentist involved should have provided you those services in the first place.

Issues to consider in a legal claim

It’s important to understand that even if a dentist (or any specialist) does everything “by the book” sometimes treatment won’t be successful. This doesn’t necessarily mean anyone is at fault.

So, before deciding on a legal claim, there are a number of issues to consider…

#1. Did the dentist disclose all material risks associated with the procedure? As a patient, you must be given a written document which sets out the risks. In any medical procedure, even if the doctor does everything well, sometimes the outcome is not what you hope for. But not disclosing the risks at all is a big problem.  As a patient you don’t necessarily keep a copy of this document, but if things go wrong and the dentist doesn’t have in their file a copy of the risk disclosure signed by you, they are in big trouble.

#2.  Has the dentist made all necessary enquiries to determine if the proposed treatment is suitable for you? For example, did they get your GP records to see if you might have a relevant condition? Did they ask if you are a smoker? Did they take all necessary imaging, including CT? Did they check if you have enough jawbone to support the implants?

#3. This one is interesting: is the dentist experienced in the relevant procedure? When you qualify as a dentist, you obtain a license to perform any dental procedure, no matter how complex. And yet you will find that most complex procedures are done by specialists, or a team of them. It’s not a good idea for a general dentist to start experimenting just because they can…

#4. Have there been previous complaints against the dentist? This may be difficult to check but a good starting point is AHPRA’s license check. (AHPRA is the Australian Health Practitioner Regulation Authority). If the dentist has conditions on their practicing certificate imposed by AHPRA (such as compulsory supervised practice) you can be sure something bad has happened before.

#5. If you think your dentist was negligent, you will need an expert to review everything and write down in a written opinion what went wrong and why the dentist is to be blamed. Without such an opinion, you cannot even start a legal claim. The best option is a maxillo-facial surgeon because they usually have much more experience than a general dentist. In Queensland, the challenge is to find one who is prepared to put in writing that the dentist was negligent. This is where you really need a good personal injury lawyer who knows the right experts.

#6. Make sure your lawyer understands the Australian Consumer Law. In short, you are not just a patient of the dentist, you are also a customer. This is important because the damages amount is calculated differently under the Australian Consumer Law. If your lawyer can prove that the Australian Consumer Law applies in your situation, you may be entitled to more compensation!