Expert Witnesses
Our goal is to ensure that our clients receive the justice they deserve.
We strive to provide the best quality service by keeping up to date on changes in the law and staying up to date on the latest legal trends. We also have an active roster of dental experts on call to successfully prosecute dental malpractice claims.
Professional Liability in Ontario
The Royal College of Dental Surgeons of Ontario (RCDSO) offers Professional Liability Program (PLP) coverage for dental practitioners. The PLP provides protection up to $2 million for damages and legal costs, although this coverage does not extend to non-practice-related issues like commercial disputes or punitive damages.
Dental malpractice cases can be complex and expensive. In many cases, patients and their families seek financial compensation for medical expenses, lost wages, and pain and suffering. The process of negotiating a settlement can be lengthy and requires a skilled and experienced attorney. Common sources of dental malpractice claims include failure to inform you of treatment options, negligent or improper diagnosis, nerve damage, faulty procedures and restorations, misuse of materials or equipment, surgical errors, lip, tongue, and jaw injuries, unnecessary extractions, improper administration of anesthesia, and improper sterilization of dental equipment resulting in infections. Not all dental injuries result from dental malpractice, and distinguishing between malpractice and inherent risk is important from the outset.
RCDSO (Royal College of Dental Surgeons of Ontario) Complaint or a Lawsuit?
The governing body for dentists, the RCDSO, does not award compensation. A common misconception is that a complaint to the RCDSO will result in compensation, however only the Courts can award damages for pain and suffering, costs of restorative care, etc. In addition, an RCDSO decision can't be used as evidence in Court against a dentist. As such we file a claim directly against the dentist in the Ontario Superior Court of Justice (OSCJ) rather than a complaint to the RCDSO. In practice, the RCDSO professional liability program often defends dentists and a settlement can be negotiated through the RCDSO's PLP program for an OSCJ court case.
We can obtain experts to testify on your behalf in:
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Dental Implantology, Prosthodontics, and Oral Surgery: Expertise in complex dental procedures.
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Endodontics and Periodontics: Handling of root canals, gum disease, and more.
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Orthodontics and Pediatric Dentistry: Specialized care for children and teens.
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Forensic Dentistry and Oral Cancer: Expert insight into cases involving trauma or pathology.
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Temporomandibular Dysfunction (TMJ): Evaluation and treatment of jaw disorders.
Each expert is chosen based on the relevance of their specialty to the specifics of the malpractice case.