Dental malpractice is a serious area that individuals will need to be aware of, along with their right to seek compensation for any injuries.
Dental work represents some of the most important treatment a person will have performed on them. It is also one where malpractice on the part of a dentist or other similar medical professional can have wide-ranging consequences for a person’s well-being.
Whether it is from permanent nerve damage, infection or poorly performed dental work itself, there are plenty of risks that dental practitioners are obliged to protect against when consulting with patients. In this situation, it’s important to contact a personal injury lawyer promptly.
It isn’t just individual dental practices where dental care can be an issue. Figures from the Australian Institute of Health and Welfare found that Australians spent 24,349 days receiving dental care in public hospitals in 2011, along with 97,613 in private hospitals.
With Australians spending so long having work performed on their teeth, it’s important to know what options are available in the event something goes wrong with their treatment.
What claims can you make against a dental professional?
Any claim for compensation that an individual is able to make against a dentist or related professional will depend on the nature of the care provided and the injuries sustained by an individual.
A claimant will need to demonstrate that their dental care didn’t meet the duty of care that this medical practitioner owed to them, either through a deliberate act or an omission on the part of the dentist. They will also need to prove that this breach caused them personal damage and that the outcome could have been predicted by a reasonable person ahead of time.
Proving these different steps can be difficult, especially if they don’t have any personal knowledge of dental care or of medical malpractice. That’s why it’s important to work with a personal injury lawyer.
How long does it take to settle a medical negligence claim?
While many people may think that a medical negligence claim will require them to go before the Courts, this only occurs in a small number of cases.
The same research from the Australian Institute of Health and Welfare found that only 3 per cent of medical negligence cases were seen by a Judge. A further 49 per cent resulted in a negotiated settlement outside of court.
Most of these claims were also for smaller amounts – 53 per cent were less than $10,000 in total.
If you feel you have been the victim of dental malpractice, or any other form of medical negligence, make sure to consult with a compensation lawyer like those at PK Simpson. Our expertise can help you at every step of the journey, from assessing your case through to a negotiation or possible Court action.