Dental Malpractice Cases in Ontario
Dental malpractice can result in long-term consequences, therefore it is essential that patients receive proper care from qualified dentists in order to protect themselves from potential damage.
Dental malpractice cases are increasing in Ontario in 2021 as patients become more aware of their rights, and the number of false dental practitioners rises. To adequately protect the public, the Ontario government is enacting a new protocol to combat dental malpractice and punish violators of dental industry regulations. Some examples of dental malpractice cases that have been seen in Ontario in 2021 include:
• Failure to obtain informed consent prior to initiating a dental procedure
• Unlicensed and unqualified dentists offering services
• Failing to provide proper documentation for dental treatment
• Delayed diagnosis or treatment
• Negligence during sedation procedures
• Performing substandard dental work or failing to follow up with appropriate aftercare
These are just a few of the common types of dental malpractice that have been witnessed in Ontario in 2021 and are subject to investigation by the provincial government. The government is taking steps to ensure that all dentists and other dental professionals comply with dental industry regulations and provide safe, high-quality care. In addition, the government is exploring tools such as online ratings systems and legal action to ensure the integrity of dental providers in Ontario.
Dental Malpractice Litigation-Moving Forward
In 2022, Ontario is likely to continue to see dental malpractice cases which arise due to failure to diagnose or treat tooth decay, negligence in providing anesthesia, performing unnecessary or wrong treatments, or other types of dental malpractice. With rising rates of dental malpractice claims for negligent treatment, focus will be on the proper training and regulations for all dental professionals to ensure that patients are receiving safe and quality care.
With an aging population, it is also possible that related medical issues or pre-existing conditions of patients may be at risk when receiving dental treatments in 2022. This could result in more medical malpractice cases being seen in the courts as a result of improper care. Certain types of dental treatments such as braces, implants, and veneers may require additional care and the appropriate knowledge of how to manage the risks associated with them.
Finally, third-party liability is likely to become an increasingly important facet of dental malpractice cases in 2022. Third-party liability covers actions by a provider or product manufacturer that was not part of the initial dental process, but had a significant role in causing harm. Depending on the specific circumstances of each case, it is possible that individuals or organizations may be held liable for negligence even if they were not directly involved in the dental procedure.
Dental malpractice cases are expected to remain a major concern in Ontario in 2023 when the COVID-19 pandemic has eased, but other issues such as defective dental products, lack of informed consent, or post-operative negligence may still lead to potential cases. Dental malpractice includes failure to diagnose, improper treatment, improper care, performing unauthorized procedures, inadequate education and more.
In 2020, the College of Dental Surgeons of Ontario reported that it had received 205 dental malpractice complaints since 2017. Of those, 147 were referred to Medical Advisory Committees and the Committee dealt with 46 Completed Notices of Application. This is an increase from the previous year's figures of 122 complaints, 93 referrals to Medical Advisory Committees, and 36 Completed Notices of application.
The College has started proactive steps for 2023 including strengthening regulation, providing additional information via its website, delivering interactive tutorials and detailed written guidance about standards of practice to registered dentists, and mandating cultural competency training for members.
