Dental & Oral Procedures
Dental & Oral Procedures
Often dental claims involve an allegation of inappropriate and unnecessary treatment by a dentist or oral specialist.
Inappropriate or unnecessary treatment can result in unnecessary costs being incurred, cosmetic defects, extended treatment timeframes, prolonged pain and suffering.
All dental practitioners including general dentists, orthodontists, periodontists, endodontists and oral surgeons have a duty of care towards their patients.
If that duty of care is breached and the evidence shows that because of that breach you have suffered injury, loss and damage, then you may be entitled to compensation.
ARE YOU ELIGIBLE
TO MAKE A CLAIM?
If you have suffered an injury, loss or damage as a result of the care provided by a dentist, oral surgeon or other health care practitioner you may be entitled to a claim for damages.
A poor outcome resulting from your treatment does not in itself establish an entitlement to claim. What needs to be proven is that the treatment was provided in a negligent manner and that the treatment provider breached their duty of care to you.
WHY ARE BRYDEN’S LAWYERS THE RIGHT REPRESENTATION FOR YOU?
Brydens Lawyers are the experts in the prosecution of medical negligence cases with a dedicated medical negligence department and panel of medical experts available to give evidence in court against doctors, hospitals or other health care practitioners who have been negligent in the treatment of their patients.
Brydens Lawyers specialise in reviewing medical records, liaising with medical experts and explaining complicated legal and medical issues to our clients in a way that they will understand. This is to ensure that clients of Brydens Lawyers are kept fully and properly informed every step of the way so that they can understand the process and what is involved in the bringing of a successful medical negligence claim.
Brydens Lawyers operates as a ‘No Win – No Fee”, policy which, simply put, provides that if a personal injury or compensation client is unsuccessful in their claim then Brydens Lawyers will not raise a tax invoice for having acted on behalf of the client. That is, if the claim is unsuccessful we do not get paid. More information about how this works can be found on our No Win – No Fee page.
WHAT ARE YOU
ABLE TO CLAIM?
The types of damages available in medical negligence claims can include:
- Non-economic loss which includes damages for pain and suffering;
- Past and future medical expenses and out of pocket expenses;
- Loss of income and any damage done to your ability to earn an income in the future;
- Past and future loss of superannuation benefits;
- Past and future paid services such as home cleaning or nursing assistance;
- The value of services provided to you by family and friends without charge;
- Past and future medical aids and equipment such as wheelchairs;
- Home modifications such as those required to make a home wheelchair accessible;
- Vehicle modifications;
- Additional costs incurred in connection with continuing disabilities, for example, additional cost of holidays due to special needs;
- A contribution towards your legal costs and disbursements.
Damages are very specific to each individual’s situation and assessing your claim for damages will be a central part of the service provided to you by our medical negligence team.
WHEN SHOULD YOU CONSULT A LAWYER ABOUT MAKING A CLAIM?
If you have suffered from any form of medical negligence then you need to engage proper legal advice and representation. There are strict time limits around lodging a medical negligence claim, so even if your treatment is ongoing, you must consult a legal representative early to ensure your claim is lodged within the allowed timeframe.
WE DO MEDICAL NEGLIGENCE CLAIMS WELL. HERE ARE SOME EXAMPLES:
Our client received inappropriate treatment from her orthodontist resulting in her underbite becoming more severe. She required corrective jaw surgery as a result. She was entitled to claim damages for pain and suffering, loss of income and treatment and other out-of-pocket expenses.
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You have heard me speak often about the disgrace that is the Motor Accident Injuries Act introduced by the NSW Liberal Government on 1 December 2017 and how persons injured in motor vehicle accidents are now denied proper compensation for their injuries.
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