If a Mississauga dentist’s negligence causes you severe injury, such as permanent nerve damage or a dangerous infection, you can sue for compensation. You must file a Statement of Claim at the Superior Court of Justice within two years of the injury, and you will need an independent dental expert to prove the dentist breached the standard of care.
A trip to the dentist is a routine part of life for residents across Mississauga, from Streetsville to Clarkson. Most of the time, cleanings, root canals, and extractions go smoothly. However, when dental professionals fail to uphold their professional obligations, patients can suffer catastrophic injuries. Severe dental malpractice goes far beyond a simple toothache; it can involve permanent facial paralysis, debilitating chronic pain, or systemic infections that require hospitalization.
In Ontario, dentists are held to a strict standard of care regulated by the Royal College of Dental Surgeons of Ontario (RCDSO). If your dentist makes an unreasonable error-such as severing the lingual nerve during a wisdom tooth extraction, improperly administering anesthesia, or failing to diagnose oral cancer-you have the right to seek justice. 🖖 Navigating a dental malpractice claim requires proving that the harm was entirely preventable and directly caused by the dentist’s careless actions.
Step-by-Step Process in Mississauga
Building a successful dental malpractice case requires swift action to preserve evidence and correct the medical damage. If you believe you are a victim of dental negligence in the Peel Region, you should follow these essential steps.
Step 1: Seek Immediate Remedial Treatment
If you are in severe pain, suffering from a massive infection, or have lost sensation in your tongue or jaw, seek help immediately. Do not return to the dentist who injured you. Instead, visit a local hospital emergency room or a specialized oral and maxillofacial surgeon. Getting independent medical care will stabilize your condition and create a fresh, unbiased medical record documenting the extent of your injuries.
Step 2: Request Your Complete Dental Records
Under Ontario law, your dental records belong to you. Contact the negligent dental office and request a complete copy of your file, including all clinical notes, treatment plans, signed consent forms, and, most importantly, all X-rays and imaging. Do not explain that you intend to sue; simply state that you are transferring your care to a new clinic and need your records for continuity.
Step 3: Consult a Lawyer and a Dental Expert
Medical malpractice is highly specialized. A local Mississauga injury lawyer will review your case and hire an independent dental expert. This expert will examine your X-rays and charts to determine if the original dentist breached the accepted standard of care. Without a supportive report from an independent expert, your lawsuit cannot proceed in the Ontario courts.
Step 4: Issue a Lawsuit at the Local Courthouse
If the expert confirms negligence, your legal team will draft a Statement of Claim detailing the malpractice and the financial compensation you are demanding. This is filed at the Superior Court of Justice. The dentist’s liability insurance provider will then step in to defend them, triggering the discovery phase where both parties exchange evidence before moving toward mediation or trial.
How Much Does it Cost in Ontario?
Pursuing a negligent dentist does not mean you have to drain your savings account. The costs are structured to be accessible.
| Expense Category | Estimated Cost (CAD) | Who Pays? |
|---|---|---|
| Legal Representation | Typically 30% – 33% | Paid as a contingency fee only if your lawyer secures a settlement or court award. |
| Independent Expert Review | $2,000 – $8,000 | Your law firm usually fronts this cost to build the case, recovered later from the settlement. |
| Court Filing Fees | $320 | Standard Ontario Superior Court fee, normally advanced by your lawyer as a disbursement. |
How Long Does the Process Take?
Time limits are strictly enforced in Ontario. 📅 The Limitations Act gives you exactly two years from the date you discovered the dental injury to formally file your lawsuit. Resolving a dental malpractice claim takes patience. Because insurance companies often fight these claims aggressively to protect the dentist’s reputation, the process from filing the claim to receiving a final settlement cheque can take anywhere from two to four years.
Frequently Asked Questions (FAQ)
What is lingual nerve damage?
Lingual nerve damage often occurs during botched wisdom tooth extractions. It can cause permanent numbness, pain, or loss of taste in your tongue and lower jaw. If the dentist failed to take proper X-rays or used poor surgical technique, this damage is often grounds for a malpractice lawsuit.
Can I sue if a dental implant fails?
Implants can fail for natural biological reasons, which is not malpractice. However, if the implant failed because the dentist placed it directly into a nerve, ignored inadequate bone density, or caused a massive preventable infection, you may have a valid claim.
Do I need to report the dentist to the RCDSO?
Reporting to the Royal College of Dental Surgeons of Ontario (RCDSO) is completely optional. They can discipline the dentist or suspend their licence, but they cannot force the dentist to pay you compensation. A civil lawsuit is required to recover financial damages.
What kind of damages can I claim in a dental lawsuit?
You may be entitled to general damages for your pain and suffering, as well as special damages to cover lost wages from missing work and out-of-pocket costs for the extensive restorative dental work needed to fix the dentist’s mistakes.
Is a bad aesthetic result considered malpractice?
Generally, simply being unhappy with how your veneers or crowns look is not enough for a lawsuit. The treatment must have actively harmed you, impaired your ability to eat or speak, or definitively breached the clinical standard of care.
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