Yes, if a dentist in Ontario causes permanent nerve damage during a tooth extraction or fails to obtain proper “informed consent,” you can absolutely sue for dental malpractice. You generally have exactly 2 years to officially file your civil claim at the Superior Court of Justice.
Getting your wisdom teeth removed or undergoing a complex root canal is a very common procedure, but it carries highly serious risks. One of the most devastating complications is permanent damage to the lingual nerve or the inferior alveolar nerve. This severe injury can leave you with permanent numbness in your tongue, a complete loss of taste, or agonizing chronic facial pain that disrupts your ability to eat, speak, and work.
When a dentist in Toronto drills too deeply, places an implant improperly, or completely fails to warn you about these specific risks beforehand, they may be legally guilty of dental malpractice. 📊 Holding a dental professional accountable requires specialized medical evidence and a clear understanding of Ontario law. To protect your legal rights, we encourage you to browse our directory to find a highly experienced local lawyer who specializes in complex dental injuries.
Step-by-Step Process for Dental Malpractice Claims in Toronto
Unlike medical doctors, dentists in Ontario are not defended by the CMPA. Instead, their malpractice claims are managed by the Professional Liability Program (PLP), which as of January 1, 2026, was officially divested by the RCDSO and is now administered by the independent private insurance brokerage Navacord to avoid conflicts of interest. Here is how your lawyer will build a strong case against an insured dental practitioner.
Step 1: Seek a Proper Neurological Diagnosis
If you experience prolonged numbness or severe burning pain weeks after your extraction, you must seek immediate outside medical help. 🏥 Do not rely solely on the dentist who injured you. Ask your family doctor for a referral to a trusted neurologist or an independent oral and maxillofacial surgeon in Toronto. Securing a formal, objective diagnosis of permanent nerve damage is the absolute foundation of your civil lawsuit.
Step 2: Secure Your Complete Dental Records
Your lawyer will immediately request your entire file from the negligent dental clinic. This crucially includes all pre-operative panoramic X-rays, CBCT scans, and most importantly, the exact consent forms you signed. Dentists in Ontario are legally mandated to keep highly detailed records. Purposely altering these digital records after an injury occurs is classified as gross professional misconduct under the Dentistry Act, 1991 and O. Reg. 853/93, s. 2, which can lead to severe disciplinary penalties by the RCDSO, including the immediate revocation of their dental licence.
Step 3: Establish a Total Lack of Informed Consent
In many successful dental malpractice cases, the core legal issue is “informed consent.” 📝 Even if the nerve damage was a known surgical risk, the dentist had a strict legal duty to thoroughly explain that specific risk to you before the surgery. If they failed to warn you, and you would have refused the surgery if you had known the true danger, the dentist can be held fully liable for all resulting damages.
Step 4: File a Lawsuit at the Superior Court of Justice
Once an independent dental expert confirms the dentist breached the standard of care, your legal team will formally file a Statement of Claim. This lawsuit is filed at the Superior Court of Justice and will aggressively seek financial compensation for your extreme pain and suffering, your psychological distress, and any lost income if the facial pain prevents you from working.
How Much Does it Cost in Toronto?
Pursuing a negligent dentist does not require you to empty your bank account. 💵 Reputable dental malpractice lawyers in Ontario accept these specific cases on a strict contingency fee basis, meaning they only get paid if you actually win a settlement.
| Initial Case Review | $0 (Free Consultation) |
| Lawyer’s Contingency Fee | Typically 30% to 33% of the final payout |
| Court Filing Fee (Superior Court) | $243 (Fronted by the law firm) |
| Independent Oral Surgeon Expert Reports | $3,000 – $8,000+ (Covered by the law firm) |
How Long Does the Process Take?
Dental malpractice claims take considerable time to properly investigate and litigate. ⏳ In Toronto, you can generally expect the entire legal process to take between 2 to 4 years. The timeline heavily depends on how long it takes for your nerve damage to officially be declared “permanent” by treating neurologists, which usually requires waiting at least 12 to 18 months after the original botched extraction.
Frequently Asked Questions (FAQ)
Can the RCDSO (Royal College of Dental Surgeons) compensate me?
No. While you can and should file a formal complaint with the Royal College of Dental Surgeons of Ontario (RCDSO), they only have the power to formally discipline the dentist, suspend their specific licence, or order retraining. They have absolutely no legal authority to award you a financial settlement. You must file a civil lawsuit for money.
Is temporary numbness enough to file a malpractice lawsuit?
Generally, no. Temporary numbness that fully resolves within a few weeks or months is often considered a standard, acceptable surgical risk. To successfully sue for significant compensation in Ontario, the nerve damage usually must be diagnosed as a permanent or long-lasting life-altering condition.
What if I actually signed a consent form before the extraction?
Signing a piece of paper does not automatically protect the dentist. In Ontario, informed consent is a process, not just a signature. If the dentist rushed you, did not properly explain the specific nerve risks out loud, or hid the details in tiny legal print, a judge can entirely invalidate the written consent form.
If my jaw was fractured during an extraction, is that malpractice?
It very well could be. While jaw fractures can technically happen during extremely difficult extractions, they often result from a dentist using excessive, unreasonable physical force or failing to properly section the tooth first. An independent dental expert will strictly evaluate the X-rays to determine if the standard of care was breached.
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