Dental Negligence Lawyers

Expert Dental Negligence Lawyers in Newcastle, Hunter Region and Central Coast

Burke Mead Lawyers is an experienced team of compensation lawyers in Newcastle, assisting clients in a range of personal injury law matters, such as compensation for injuries related to medical negligence – including dental negligence compensation claims. 

Our legal services are delivered by a team of experts whose experience with court proceedings and knowledge of dental malpractice claims will assist in guiding you to the most beneficial resolution. 

Whether you are dealing with a straight-forward compensation claim regarding your dental procedure, or need support with more complex compensation law, our experienced dental negligence lawyers can offer guidance and expert advice every step of the way. 

The Benefits of Working with Compensation Lawyers for a Dental Malpractice Claim

Legal representation in personal injury law matters is extremely beneficial, as personal injury compensation lawyers specialise in mediation and negotiation to personal injury disputes.

Burke Mead Lawyers are some of the top personal injury lawyers in Newcastle, the Hunter region, and Central Coast, including Emma Mead – the Director of Burke Mead Lawyers and an Accredited Specialist in Personal Injury Law and Accredited Mediator.

For some, the compensation process can be seamless and for others it can be tough. There can be a significant amount of forms, medical appointments, medical and psychological professionals, and insurance companies to deal with throughout this complex process. This can be especially true when pursuing compensation from a medical practitioner or medical facility for a breach of duty of care (medical negligence).

For dental and orthodontic treatment, you will benefit from working with a dental malpractice lawyer, who can provide advice and representation to assist through every step of this process.

Contact our Personal Injury Compensation team to find out what to do and how we can assist you.

Dental Negligence Law FAQs

What should I do if I have been injured as a result of dental treatment?

If you have been injured as a result of dental or orthodontic treatment and believe you may require legal representation to be appropriately compensated, you should contact an experienced lawyer as soon as possible.

To prepare for a consultation about your injury, you will need to write down as much information about the injury and the details of how it happened. Where and when you were injured, how it happened and the physical or psychological injuries suffered is crucial information that lets your representation explain the law, as it applies to you.

Can I sue my dentist Australia?

The short answer is yes. Dentists are held to a similar standard for duty of care as doctors and you may be eligible to seek compensation for injuries resulting from a dental procedure or treatment.

What types of injuries can you claim dental negligence compensation for in NSW?

There are various kinds of injuries that could form the basis for a dental negligence compensation case in NSW if they occur as a result of treatment, including misdiagnosis, breach of duty of care, mistakes or injury resulting from surgery or treatment, etc.

The merit of a claim is assessed on a case-by-case basis, as each case can be unique.

What is the difference between negligence and dental negligence?

Negligence on its own refers to everyday, ordinary negligence. An example of this could be an accident from slipping on something or tripping over an item someone left out. It is called negligence because all individuals are expected to exercise reasonable care in their actions to avoid harming others. You can be held liable for physical or financial harm caused by this type of negligence.

Dental negligence is different in that it is a type of medical negligence and refers to a medical practitioner who has breached their duty of care to you. Due to the nature of the medical profession, there is an expectation of higher duty of care and legal standards or requirements a professional must abide by when providing medical treatment, diagnosis, or advice. If you fail to meet these standards or fail in the expected duty of care, and this failure results in injury or loss, this would be considered medical negligence.

A dental negligence claim is made by an individual against the practitioner responsible for an injury that has caused harm during treatment.

The first step in making a successful dental negligence claim is discerning whether or not you are eligible to make a claim. 

Questions to ask yourself include: Were you injured while being treated by a dental practitioner? Was the injury caused by negligence? Have you suffered any economic loss and/or pain and suffering due to the injury? If you answered ‘yes’ to these questions, then you may be eligible to make a negligence claim, in which case you should contact a personal injury lawyer to discuss your case.

To help your personal injury lawyers understand your case you should gather as much evidence of your injury as possible, including details of your treatment and the negligent incident, the assessment of your injury as a result of the negligent incident, proof of economic loss (records of time taken off work, doctors certificates, receipts for treatment, etc.), and identify the practitioner responsible for your injury. Using this information, your legal team can make an assessment on the potential outcome of your case if you were to pursue compensation and the next steps.

Compensation for an injury in dental negligence cases will cover a range of things, including:

  • Past and future income loss.
  • Pain and suffering as a result of the injury.
  • Medical expenses and treatments.
  • Domestic assistance and/or care.

If you win your dental negligence claim, your legal costs will mostly be paid by the defendant (this could be the specific medical practitioner or the institution the medical practitioner/s are employed by). It is also standard to pay some of the costs for legal fees out of your compensation settlement.

In NSW there are no “out of pocket” costs in many compensation claim cases and many law firms operate under a ‘no win, no fee’ promise. However, at BurkeMead we understand finances can be a complicated matter and can discuss all financial information during the initial obligation-free consultation.


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Managing Director

Public Notary Specialist Accredited in Personal Injury Law

Senior Associate

Personal Injury Law

Senior Associate

Personal Injury Law


Personal Injury Law

Gabrielle Croese


Personal Injury Law

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Personal injury laws differ from state to state, if you are not in NSW, please contact your relevant state Law society for further assistance.