Dental negligence occurs when a dental professional fails to meet the standard of care expected in their field, resulting in harm to the patient.
Defining Dental Negligence
Dental negligence is characterised by a breach of the duty of care owed by a dental practitioner to their patient. It is important to note that not all adverse outcomes in dental procedures constitute negligence. The legal definition hinges on whether the care provided falls below the standard expected of a reasonably competent professional in the field.
Legal Framework: Duty of Care in Dental Practice
In New South Wales, dental practitioners have a duty of care to their patients. This duty encompasses all aspects of dental treatment, including diagnosis, treatment planning, procedure execution, and post-operative care. A breach of this duty, resulting in patient harm, may form the basis for a dental negligence claim.
Types of Dental Negligence
Dental negligence can manifest in various forms, including but not limited to:
- Erroneous or unnecessary treatments
- Procedural errors
- Diagnostic failures
- Informed consent deficiencies
- Anaesthesia-related complications
- Iatrogenic infections due to inadequate hygiene protocols
- Orthodontic mismanagement
- Cosmetic dentistry complications
Identifying Potential Negligence
Recognising dental negligence can be challenging for patients. Indicators may include:
- Persistent or worsening pain post-treatment
- Unanticipated complications or side effects
- Necessity for remedial treatments
- Visible damage to teeth and gums
- Post-operative infections
- Neurological symptoms in the orofacial region
- Lack of improvement or deterioration of the initial condition
Compensation Available in Dental Negligence Claims
Successful dental negligence claims may result in compensation across several categories:
- Medical expenses, including corrective treatments
- Loss of earnings
- Non-economic damages (pain and suffering)
- Care and assistance
- Future economic losses
The quantum of damages varies significantly based on the individual circumstances of each case. A thorough assessment by the specialist medical negligence team at BPC Lawyers is crucial for determining appropriate compensation.
Dental negligence cases are complex and require specialised legal and medical expertise. It is advisable for individuals who suspect they have been victims of dental negligence to seek a consultation with our team of medical negligence lawyers.
At BPC Lawyers, we offer a free, no-obligation consultation.