Dental Malpractice Cases- Damages Awarded

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If you believe that you have been the victim of dental malpractice, it's important to seek the advice of a dental professional or a lawyer who specializes in dental malpractice cases. They can help you determine if malpractice has occurred and guide you through the legal process if necessary.

 

In general, the amount of damages awarded in a dental malpractice case will depend on the severity of the harm caused to the patient, such as the extent of their physical and emotional injuries, as well as the financial losses they may have suffered due to the malpractice, such as lost wages, medical expenses, and ongoing treatment costs.

 

The amount of damages that may be awarded in a dental malpractice case can vary significantly, depending on the specific circumstances of the case.

 

Factors that Can Affect the Amount of Damages Awarded:

 

The severity of the harm caused to the patient: The extent of the patient's physical and emotional injuries, as well as the impact on their quality of life, can be a significant factor in determining the amount of damages awarded.

 

The financial losses suffered by the patient: Financial losses such as lost wages, medical expenses, and ongoing treatment costs can also be a significant factor in determining the amount of damages awarded.

 

The level of negligence on the part of the dental professional: If the dental professional's actions were particularly egregious or demonstrated a high degree of negligence, it may result in a higher amount of damages being awarded.

 

The jurisdiction where the case is heard: The laws governing damages and compensation can vary by jurisdiction, which can affect the amount of damages awarded.

 

The strength of the evidence: The strength of the evidence presented in the case, such as medical records and expert testimony, can also play a role in the amount of damages awarded.

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In a dental malpractice trial, the plaintiff (the person who has been harmed) has the burden of proving that the dental professional's actions or omissions caused them harm.

 

To meet this burden, the plaintiff will typically need to present evidence that demonstrates the following:

 

The standard of care: The plaintiff will need to establish what the appropriate standard of care was in the particular circumstances of their case. This may involve presenting expert testimony from another dental professional who can explain what a reasonable and prudent dental professional would have done under similar circumstances.

 

Breach of the standard of care: The plaintiff will need to show that the dental professional breached the standard of care in their treatment of the patient. This may involve presenting evidence of what the dental professional did or failed to do that fell short of the appropriate standard of care.

 

Causation: The plaintiff will need to establish a causal link between the dental professional's breach of the standard of care and the harm suffered by the patient. This may involve presenting evidence of how the dental professional's actions or omissions directly caused the harm.

 

Damages: Finally, the plaintiff will need to prove the damages that they have suffered as a result of the dental professional's breach of the standard of care. This may involve presenting evidence of medical expenses, lost wages, pain and suffering, and other losses.

 

To present this evidence, the plaintiff's legal team may use a variety of sources, including medical records, expert testimony, and witness statements. The defendant (the dental professional or their insurer) will have an opportunity to cross-examine the plaintiff's witnesses and present their own evidence to refute the plaintiff's claims.

 

Overall, the evidence required at trial will depend on the specific facts and circumstances of the case. 

 

It's important to note that while some dental malpractice cases may result in significant damages being awarded, each case is unique and the damages awarded will depend on the specific circumstances involved. If you are considering filing a dental malpractice lawsuit, I would recommend consulting with us. We can provide you with more information on the damages that may be available in your case based on the specific facts and circumstances involved.

 

 

 

Here are a few examples of damages that have been awarded in dental malpractice cases in Ontario:

 

• $200,000 awarded for a dental implant that was improperly placed, causing pain, discomfort, and the need for additional treatment.

• $150,000 awarded for a dentist's failure to diagnose and treat an infection, resulting in the patient developing sepsis and requiring hospitalization.

• $90,000 awarded for a dentist's failure to properly administer anesthesia, resulting in the patient suffering nerve damage and ongoing pain.

• $80,000 awarded for a dentist's failure to obtain informed consent, resulting in the patient undergoing an unnecessary and painful procedure.

• $60,000 awarded for a dentist's failure to diagnose a dental condition, resulting in the patient requiring more extensive and invasive treatment.

• In a case where a dentist was found to have breached the standard of care in the placement of a dental implant, the plaintiff was awarded over $200,000 in damages and over $130,000 in costs

• In a case where a dentist failed to diagnose a serious dental condition, resulting in significant pain and discomfort for the patient, the plaintiff was awarded over $100,000 in damages and over $50,000 in costs.

• In a case where a dentist's failure to properly administer anesthesia caused nerve damage and ongoing pain, the plaintiff was awarded over $90,000 in damages and over $40,000 in costs.\

• In a case where a dentist's improper diagnosis led to the removal of healthy teeth, the plaintiff was awarded over $60,000 in damages and over $20,000 in costs.

 

It's important to note that each case is unique and the damages awarded will depend on the specific facts and circumstances involved. 

 

In Ontario, the cost awards for legal fees in dental malpractice cases where the plaintiff wins can vary widely depending on the specific facts and circumstances of the case. Generally, the court has the discretion to award costs to the successful party, which may include the cost of legal fees and disbursements.