If you suffer nerve damage from a dental procedure in London, Ontario, you may be entitled to compensation for medical malpractice. You generally have exactly two years from the date of the injury to file a Statement of Claim at the Superior Court of Justice, and the basic court filing fee is currently $229 CAD.
We trust our dental professionals to provide safe, competent care during routine procedures like wisdom tooth extractions, root canals, and the placement of dental implants. 📖 Unfortunately, when a dentist or oral surgeon in London breaches the accepted standard of care, it can lead to devastating consequences, including permanent damage to the lingual or inferior alveolar nerves. This type of injury can cause chronic pain, numbness in the lips or tongue, loss of taste, and significant difficulty speaking or eating.
Navigating a dental malpractice claim in Ontario requires proving that your dentist failed to act with the skill and caution expected of a reasonable practitioner, and that this specific failure directly caused your nerve damage. Because these cases are highly technical, working with a local medical malpractice law firm is crucial to building a strong argument and fighting for the compensation you need for future care and lost income.
Step-by-Step Process in London, Ontario
Whether your procedure took place at a small clinic in Masonville or a larger dental centre downtown, the legal process for suing a dental professional follows the same strict provincial rules. 📍 All civil lawsuits of this nature in Middlesex County are handled through the Superior Court of Justice located on Dundas Street.
Step 1: Seek a Second Opinion and Corrective Treatment
Your physical health and recovery must always come first. If you experience prolonged numbness or severe pain after a procedure, do not simply wait for it to heal or rely solely on the dentist who performed the surgery. Seek an immediate second opinion from a different, independent oral surgeon or a neurologist at the London Health Sciences Centre (LHSC) to assess the nerve damage and determine if corrective microsurgery is possible.
Getting a second opinion not only ensures you receive the proper medical care but also creates an objective medical record of your injury. 💼 This independent documentation is the foundation of any successful dental malpractice lawsuit.
Step 2: Request Your Complete Dental Records
By law in Ontario, you have the absolute right to access your complete dental and medical records. You must request your patient file, including all x-rays (especially panoramic or CBCT scans taken before the procedure), clinical notes, and signed consent forms from the original dentist.
Do not mention that you are planning to sue when you ask for these documents; simply state that you need them for your personal records or for a new specialist. 🔍 These scans are critical for proving whether the dentist properly assessed the proximity of your tooth roots or the implant site to the underlying nerves.
Step 3: Consult a Medical Malpractice Lawyer
Once you have your records and a diagnosis, your next step is to hire a personal injury law firm that handles medical malpractice. A lawyer will review your file and hire an independent dental expert to write an official “expert report.” This report must explicitly state that your dentist breached the standard of care—for example, by using the wrong size implant or failing to take a necessary 3D scan.
If the expert confirms negligence, your lawyer will draft and formally file a Statement of Claim against the dentist at the local courthouse, initiating the lawsuit. 📑 The dentist’s malpractice insurance provider will then file a Statement of Defence, and the discovery process will begin.
How Much Does it Cost in London?
Many victims of dental negligence hesitate to seek justice because they fear massive legal bills. 💰 Fortunately, most medical malpractice lawyers in London work on a contingency fee basis, meaning you only pay legal fees if you win your case.
| Lawyer Retainer (Contingency) | 0$ upfront (typically 25% – 33% of final settlement) |
| Court Filing Fee (Statement of Claim) | $229 CAD (Ontario standard) |
| Independent Expert Medical Report | $2,000 – $5,000 CAD (often fronted by the law firm) |
| Requesting Dental Records | $30 – $100 CAD (administrative copying fees) |
How Long Does the Process Take?
Medical malpractice claims are complex and rarely resolve quickly. ⌚ In Ontario, it generally takes between 2 to 4 years to reach a settlement or go to trial. Gathering expert reports takes time, and the Superior Court of Justice in London often experiences scheduling backlogs. However, the majority of these cases are settled out of court before a trial is necessary.
Frequently Asked Questions (FAQ)
Can I sue if I signed a consent form warning about nerve damage?
Yes. Signing a consent form means you accepted the natural, unavoidable risks of the procedure. It does not give the dentist permission to act negligently or make careless surgical errors. If their negligence caused the damage, the consent form does not protect them.
Does the Royal College of Dental Surgeons (RCDSO) pay my compensation?
No. You can file a complaint with the RCDSO, and they may discipline the dentist or suspend their license, but they do not award financial compensation to patients. To get financial compensation, you must file a civil lawsuit through the courts.
How much compensation can I get for a severed lingual nerve?
Compensation depends on the severity of the injury and how it impacts your life. Awards typically cover out-of-pocket medical expenses, loss of past and future income, and “general damages” for your pain, suffering, and loss of enjoyment of life.
What is the limitation period for dental malpractice in Ontario?
Under the Limitations Act, 2002, you generally have exactly two years from the date you knew (or reasonably should have known) that the dental procedure caused your injury to file a formal Statement of Claim.
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